Official Monthly Publication
Member of National League of Cities
www.sdmunicipalleague.org
South Dakota MUNICIPALITIES
Managing Editor: Yvonne A. Taylor
PRESIDENT Mike Wendland Mayor, Baltic
1st VICE PRESIDENT Pauline Sumption Finance Officer, Rapid City
2nd VICE PRESIDENT Debbie Houseman Finance Officer, Lake Andes TRUSTEES Fay Bueno Finance Officer, Sturgis
Editor: Sara M. Rankin
DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster
Dist. 2 - Paullyn Carey Mayor, Brookings
Dist. 3 - Dawn Murphy Finance Officer, Tea
Dist. 4 - Becky Brunsing Finance Officer, Wagner
SDML Elects New Leadership . . . . . . . . . . . . . . . . . . .8 2017 Excellence in Municipal Government Award Goes To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Governor Daugaard Announces $5.246 Million for Environmental Projects . . . . . . . . . . . . . . . . . . . . .10
Thank You Annual Conference Supporters . . . . .12-13 2017 Annual Conference Snapshots . . . . . . . . . . .14-15
2017 Hall of Fame Inductees . . . . . . . . . . . . . . . . . .16
SDML 2018 Statement of Policy . . . . . . . . . . . . . . . .20
Dist. 7 - Arnold Schott Mayor, McLaughlin
Lyft Takes Steps to Come to Sioux Falls . . . . . . . . .43
Christine Erickson Councilmember, Sioux Falls
Dist. 8 - Harry Weller Mayor, Kadoka
PAST PRESIDENT Meri Jo Anderson Finance Officer, New Underwood
2018 Annual Report Workshops . . . . . . . . . . . . . . . . . .7
2017 Safety and Loss Control Recognition Awards . . . . . . . . . . . . . . . . . . . . . . . . . .39
Dist. 6 - Leland Treichel Mayor, Roscoe
Amy Nelson City Manager, Yankton
Obituary: Gerald Rix, Groton . . . . . . . . . . . . . . . . . . . .6
Dist. 5 - Renae Phinney President, Ree Heights
Karl Alberts Finance Officer, Aberdeen Steve Allender, Mayor, Rapid City
Features
Contents
Dist. 9 - Carolynn Anderson Finance Officer, Wall Dist. 10 - Michelle DeNeui Assistant Finance Officer, Spearfish
LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655
Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: Judith Payne Executive Director Kristina Peterson Director of Underwriting Lynn Bren Director of Member Services Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant
Revoluationary Manufacturing Company Begins Production in Canton . . . . . . . . . . . . . . . . . .40 SDMEA Hometown Power: Vermillion . . . . . . . . . . .44 2020 Census Local Update of Census Addresses Operation (LUCA) . . . . . . . . . . . . . . . . . .51
Columns
Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .52 Washington Report: Representative Noem . . . . . . . .54
In Every Issue
Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .56
Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60
Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .62
SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota and additional mailing offices. Non-member subscriptions are available for $30.00 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532.
NOVEMBER 2017
VOLUME 84, NUMBER 5
3
Director's Notes
Hard as it may be to believe, we are only one year away from another election. While most of us don’t want to face the endless advertising and nasty Facebook posts from people who don’t agree, it IS time to start looking around at how races are shaping up, who is contemplating a run for office, and to start supporting the good folks who want to be elected to work for the betterment of the nation, state, and local governments.
In recent years, we seem to hear more from people we’ve termed WMDs – Weapons of Mass Distraction. It is a term that applies to those in public life who lob their verbal or written grenades, then duck back and let those who are truly leaders deal with the mess they’ve made. You are probably thinking of your own local human WMD right now.
The human Weapons of Mass Distraction take a popular position (for example, telling citizens they are overtaxed) but take no responsibility for the fallout: citizens who expect to receive services, but see no connection with the taxes paid.
Somehow, these human WMDs have turned government into the only place where people think there actually IS a free lunch. We aren’t supposed to pay property taxes, we should only pay sales taxes on things we don’t need, of course the feds are ripping us all off on our income taxes, prices are artificially inflated because some government somewhere is lining its pockets.
they think is popular, they get re-elected. When the true leaders have to clean up the mess, and tell us things that are true, but we don’t necessarily like to hear, it is very hard to get re-elected. Term limits are amplifying this in our legislature. The true leaders are not given enough time to develop their skills and knowledge base; the human WMDs don’t need skills or knowledge to spout the kind of popular nonsense that gets them re-elected. I know, it seems like the last election hasn’t even ended yet, but now is the time to start looking for true leaders to represent us in our governments. Another group of good legislators is going to fall victim to term limits. We need to look for new candidates with the guts to tell us the truth (hint: these people often have a background in municipal government!) And once we get a good candidate, we all need to help him or her, by calling out the human WMDs who say the popular thing, but can’t back it up with any facts. If reasonable people all shout together, we might just drown out the human WMDs.
Think, if truth in advertising principles were applied to a candidate’s speech, would the candidate be in violation? When it comes to the upcoming campaigns, if it sounds too good to be true, it probably is.
Until next month, remember we are always available at 1-800-658-3633 or yvonne@sdmunicipalleague.org.
Yvonne Taylor Executive Director
At the same time, we expect ever-cleaner water; better roads; an excellent education for our kids; safe, police patrolled communities; fast response from our fire and ambulance departments; convenient air travel; environmentally safe emissions from everything; nice parks; government-assisted economic development efforts; care for the poor; assistance with health care costs; job training; housing assistance; and on and on… Being a leader is a tough job. We are lucky there are some with the gift of leadership, with the commitment and stamina to try and face down the human WMDs. But the true leaders are, if not outnumbered, certainly out-shouted. When the human WMDs can irresponsibly say anything 4
SOUTH DAKOTA MUNICIPALITIES
President's Report
I hope everyone enjoyed the Annual Conference. Once again, Yvonne and her staff did an outstanding job of planning and delivering a complete conference. Amidst the large number of vendors, informational speakers, mobile workshops and featured speaker, the nearly 350 attending this year had a great opportunity to take something back to your respective city. If you were one of the folks visiting the hospitality room on Wednesday evening, you even got to experience a little culture from “the Germans.”
winter months. When was the last time your ordinances were updated? How about your personnel manual? What about your zoning and code enforcement requirements. Look around your office, is there any cleaning and organizing that could take place? Review the 2018 budget you just completed. Are there things in there that might benefit from a grant? Although these items don’t seem exciting, we all know how very important they are. Taking the time now means you will probably be happy later that you did. As mentioned in my remarks at the business meeting, thank you for allowing me the opportunity to be your President for the next year.
In addition to these things, I would like to suggest and encourage you to be creatively productive during the
Mike Wendland President
With another annual conference in the books, that means fall is amongst us with winter soon to follow. I know. Those cold, long and drawn out days are right around the corner. By this time, your maintenance, parks and street departments should be beginning their winter preparations. We all know there were tasks during the summer that didn’t get done or were pushed to the side because you were just “too busy.” Now is the time to go back and revisit those items. Don’t wait until next summer and see if you can get them done then.
NOVEMBER 2017
5
Obituary: Gerald Rix
Gerald Lloyd was born on August 5, 1925 in Aberdeen to Floyd A. and Lillian E. (Walter) Rix. He attended school in Riverside as a child and graduated from Groton High School in 1943. Jerry continued his education at Northern State College. He returned to the family farm, working beside his father and brother. On September 14, 1952, he was united in marriage with Anna Sammuli at the Savo Lutheran Church, rural Frederick. The couple made their home in Groton.
Jerry, known as Gil Favor by many, was a very active member of the Groton United Methodist Church, serving on many boards. He was very proud of the recognition pin he received from the UMW for his contributions to the church. Jerry was a leader in public service, having served on the Groton School Board for 25 years, Groton City Council for 5 years and as Mayor of Groton for 17 years (1990-2007) also serving on municipal boards during this time. In addition, Jerry was a member of the Groton Masonic Lodge, Yelduz Shrine, a past member of the Groton Kiwanis Club and the Dacotah Bank board. He was quietly instrumental and generous with many civic improvements and greatly enjoyed his time on the bank board and being mayor even through the tough times. He pursued his passion for flying by obtaining his pilot’s license and owning his own plane. Jerry enjoyed reading - especially WWII history.
Celebrating his life are his wife, Ann, of Groton, his children, Roger (Pamela) Rix of Groton, Elaine (Fred) Wolken of Piedmont, Teresa (Larry) Enze of Sioux Falls; his grandchildren, Grant (Tracy) Rix, Jarrett Rix, Mary Ann Rix, Jessica (Mike) Hauck, Adam Grams, Alana (David) White, Amber Wolken and fiancé Bryce Sombke, Sheila Taul, Wendy (Jamie) Howard, Christa (Mike) Sports, Logan Enze and Erin Enze. Jerry is also survived by his greatgrandchildren: Gideon & Conrad Rix, Justin & Casey Taul, Neva & Theresa Howard, Nicholas Lane, Rowan Shepherd, his sister-in-law, Nora Rix, and special friends Anita and John Lowary. Preceding him in death were his parents, an infant sister, his brother, William Rix and daughter-in-law, Marian Rix.
Casketbearers were Grant Rix, Jarrett Rix, Logan Enze, David White, Bryce Sombke, Adam Grams, Mike Hauck and John Lowary. Gil Favor has pulled his last Hank Snow.
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SOUTH DAKOTA MUNICIPALITIES
SDML
South D
M
l League
2018 Annual Annu ual Report Workshops W The South Dakot akota Municipal League and the South Dakotaa Depart D rtment of Legislat ative Audit are co-sponnsoring one-day ay worrks kshops on prepaarring this year’ s annua annual report. Remember, annua annual reporrt rts are requi quired to be fi filed by ALL municipalities. The fi filing status of annual reports has had a renewed focus in recent years. The fed federal governmeent has recently promulgated a sense off ttransparency and timeliness of fi financiial data. This seminar will m move you a giant step closer to meeting those goals. These workshops are brought to you without cost by the South Dakota Munnicipal League and the Auditorr G General’l’ s offfice. They will be conducted by the staff ff off the t Depart rtment of Legislativ ve Audit. Finaanc nce offfficers, clerks, aaudi uditors and treasurers and t should plan an to t attend. This yearr we w are providing a limited offffering off annua annual report workshops fo for o all sizes off cities. c If you haave questions on which worrks kshop you should aatttend please call Rod Fortin with Legislatiive Audit at 605-367-5810. Small Cities: those with less than $600,000 in revenue. This class is tarrgeted for all cities off this t size range. Please bring your Mu Municipal ipal Accounting Man Manual and previous year’ s annuual repor eport to use as reffer erence material. Also, bring a copy opy off your y 2018 published budget ordinance to assistt iin participat ipa ating in a discussion in tthi his area as well as copies off sseveral receipt iptt/voucher transactions so tthhatt w we can workk togethe t therr on coding g ssolutions. x Fort Pierre: Wednesday, January 10, 2018 Noon-3:00pm, SD Municipal League Building, 208 Island I Drive *lunch on your own x Aberdeen: Thursday, January 25, 2018 Noon-3:00pm, County Court House, Community Rooom, Basement Annex, 25 Marke rkett Street S *lunch on your own Large Cities (cash basis): those with $600,000 or more in revenue. Thiis class is targeted for only those personnel that have approximately ttwo years or less off annual an report preparation n experience. Please bring your previous year’ s annual repor eportt tto use as reffer erence material. Also, ffor or fur furthe therr discuss di sion, bring a copy off your y general ledger containing equity ty accounttss for forr eac e h ffun und (G (GASB SB 54). x Huron: Wednesday, January 17, 2018 11:00-3:00pm, Campus Center, Pyle Room, 333 9th S St. SW *workingg llunch by ordering pizz zza in Large Cities (GAAP basis): those with $600,000 or more in revenue. T This class is targeted for only those personnel that have approximately tw two years or less off aannual report p preparation experience. Please bring your previous year’ s annual repor eportt to t use as ref eference material. Also, ffor or fur furthe theer discussion, bring a copyy off yyour general ledger containing equity ty accounttss for for each ffuund (G (GASB 544)). x Fort Pierre: Thursday, January 11, 2018 10:00-3:00pm, SD Municipal League Building, 208 IIslaannd Drive *worrkkingg llunch byy ordering or pizz zza in IIndi ndividuals needingg as assistance, purrssuantt to tthe he American ans with th D Disabilitiess Act, should contactt tthe he League offffice in advance off tthe he meeting to make any necessarryy arrangementtss.
x x
IIff tthe he weatthe her lookkss bad, call 605-367-5810 or 605-224-8654 to determ rmine if if tthe he seminar has been postpone tponed. Please do nott ttake any drivingg rrisks ks. Dress is business casual.
208 Island Drive, Ft. Pierre, South Dakota 57532 x 605-224-8654 x fax 6 605-224-8655 x www.sdmunicipalleague.org
SDML Elects New Leadership at Annual Conference
Baltic Mayor Mike Wendland ascended to the South Dakota Municipal League’s top leadership position at the 84th Annual Conference on October 6 in Sioux Falls.
The event was formalized at the Business Meeting with the traditional “Passing of the Gavel” from Past President Meri Jo Anderson, New Underwood Finance Officer, to Mayor Wendland.
President Wendland began his leadership duties immediately on behalf of the interests of South Dakota’s municipalities.
SDML’s leadership also includes the following Officers, Trustees and District Chairs: President:
Mike Wendland Mayor, Baltic
1st Vice President: Pauline Sumption Finance Officer, Rapid City
2nd Vice President: Debbie Houseman Finance Officer, Lake Andes Trustee:
Trustee: Trustee: Trustee: Trustee: Past President:
Fay Bueno Finance Officer, Sturgis
Karl Alberts Finance Officer, Aberdeen
Steve Allender Mayor, Rapid City
Christine Erickson Councilmember, Sioux Falls Amy Nelson City Manager, Yankton
Meri Jo Anderson Finance Officer, New Underwood
SDML President Mike Wendland (left) accepts the gavel from SDML Past President Meri Jo Anderson.
District Chairs
1. Mike Grosek 2. Paullyn Carey 3. Dawn Murphy 4. Becky Brunsing 5. Renae Phinney 6. Leland Treichel 7. Arnold Schott 8. Harry Weller 9. Carolynn Anderson 10. Michelle DeNeui
Mayor, Webster Finance Officer, Huron Finance Officer, Tea Finance Officer, Wagner Board President, Ree Heights Mayor, Roscoe Mayor, McLaughlin Mayor, Kadoka Finance Officer, Wall Asst. Finance Officer, Spearfish
SDML Annual Conference October 2 - 5, 2018 Pierre Ramkota Hotel & Conference Center Accommodations
Hotel Ramkota (Host Hotel) ClubHouse Governor’s Inn Baymont Inn (River Lodge) Quality Inn (Comfort Inn) Holiday Inn Express My Place Days Inn
Phone 605-224-6877 605-494-2582 605-224-4200 605-224-4140 605-224-0377 605-223-9045 605-494-2090 605-223-1336
SOUTH DAKOTA MUNICIPALITIES
2017 Excellence in Municipal Government Award Goes to...
The following is from SDML President Mike Wendland’s presentation of the Excellence in Municipal Government Award during the luncheon held Thursday, October 5 at the 84th Annual SDML Conference in Sioux Falls.
The winner of this year’s Excellence in Municipal Government Awarded is lauded as an unsung hero who has shaped the town and secured the community’s future. As the Mayor stated in the nomination, this person “takes on the hard tasks, works tirelessly, and gets things done.”
Often times in small towns, folks have to take a handson approach, but we often overlook the people who contribute the most.
This person is the face of her growing city, and is known to work diligently to improve the safety and well-being for all members of the community. She is the one who deals with people who don’t want to play by the rules. When a citizen has a problem with a neighbor, she is the one they call to fix it.
This person serves as both the utility superintendent and the code enforcement official for her city. She has put in many 14 hour days working on the construction of a municipal natural gas station, and has helped neighboring towns with their utility and code enforcement questions.
How she finds time to do anything besides her work is a wonder, but she is also the President of the local Sister Cities Association and German Fest, which raises funds to create scholarships for students and cultural relationships; she drives a school bus; and is on the Christmas Market Committee to benefit the volunteer Fire Department.
Ginny Beck, receives the Excellence in Municipal Government Award from Governor Dennis Daugaard. Beck, this year’s winner of the Excellence in Municipal Government Award.
Note: Given annually, this award is granted to elected officials or municipal employees based on a two-year rotation. This year’s award was presented to a municipal employee who has made a outstanding contribution to the further improvement of municipal government in South Dakota. The Past Presidents’ Committee reviews nominations by SDML members and recommends the recipient.
If you look around the City of Crooks, you will see her footprint stamped on so many improvements and contributions. Please join me in congratulating Ginny
Presentations from the Annual Conference can be found on the League’s website: www.sdmunicipalleague.org. NOVEMBER 2017
9
Governor Daugaard Announces $5.246 Million for Environmental Projects
Gov. Dennis Daugaard says the state Board of Water and Natural Resources has approved $5.246 million for wastewater and recycling projects. The board met today over the Digital Dakota Network.
The $5,246,000 total includes $800,000 in grant assistance and $4,446,000 in low-interest loans, with $558,000 in principal forgiveness. The funds will be administered through the Department of Environment and Natural Resources (DENR).
“I am pleased to announce that this financial assistance is available,” said Gov. Daugaard. “These awards will result in improved water and wastewater distribution and treatment and enhanced protection of the environment.”
Funds were awarded to: • Powder House Pass Community Improvement District, $2.06 million loan for wastewater collection and treatment. • Balcon Enterprises, Inc., $954,000 loan for
•
cardboard recycling facility expansion. Colton, $2,232,000 in grant and loan amendments for First and Main Street project, which includes an additional $589,000 loan and an $800,000 grant for sanitary sewer replacement, as well as an $843,000 loan with $558,000 in principal forgiveness for drinking water main replacement.
The grants and loans were awarded from DENR’s Consolidated Water Facilities Construction Program, Drinking Water State Revolving Fund Program, Clean Water State Revolving Fund Program, and Solid Waste Management Program.
The Consolidated Water Facilities Construction Program, funded in part by revenues from the Petroleum Release Compensation Tank Inspection fee and the sale of lotto tickets, provides grants and loans for water, wastewater and watershed projects. The Legislature annually appropriates dedicated water and waste funding for the Consolidated and Solid Waste programs through the Governor’s Omnibus Water Funding Bill.
IT MA M T TEERS. WA ATER. T TER It grows our children hildren and d crops. It develops our cities and co ountry. It powers o our industries and businesses. usinesses. It cleansses our bodies and th he land. Provid ding water engineering and a related services to h help clients achieve succcess. WAT TER ENGINEERING | CIV VIL ENGINEERING | LAND SERVICES | SURVEY/MAPPING/GIS MUNICIPA AL FINANCIAL SERVIC CES | ASSET MANAGEMENT | INSTR RUMENTA ATION & CONTROLS ELECTRICAL ENGINEERING | STRUCTURAL ENGINEERING | COMMUNIC MMUNICAT TION SERVICES
Advanced Engineering and Environmentall Services, Inc. South Dak kota Offices: Rapid City, Sioux Falls, alls, Spearfish
www www.ae2s.com w ae2s com
10
SOUTH DAKOTA MUNICIPALITIES
Six More State Properties Listed on National Register of Historic Places
Six more South Dakota properties were recently added to the National Register of Historic Places, according to the South Dakota State Historical Society. The listed properties are as follows: • the Arthur and Ellen Colgan House in Edgemont, • the Happy Times Carousel in Faulkton, • the First Presbyterian Church in Flandreau, • the American Legion Community Hall in Fort Pierre, • the McWhorter House in Miller and • the Stadum-Green House in Sioux Falls.
The National Register is the official federal list of properties identified as important in American history, architecture, archaeology, engineering and culture. The State Historic Preservation Office of the State Historical Society works in conjunction with the National Park Service, which oversees the National Register program, to list the properties.
"South Dakota's history is rich in American Indian culture, pioneer life and change," said Jay D. Vogt, state historic preservation officer and director of the State Historical Society at the Cultural Heritage Center in Pierre. "Properties listed on the National Register are important for their role in South Dakota's culture, heritage and history. And when properties get listed, it shows that their owners take pride in their role in preserving that culture, heritage and history."
Buildings, sites, structures and objects at least 50 years old possessing historical significance may qualify for the National Register, according to Vogt. Properties must also maintain their historic location, design, materials and association. Listing on the National Register does not
Have CIty News to Share?
Email us your copy (250 words max.) detailing your city’s notable achievement (a project, initiative, award or individual honor), preferably with an image. Contact: Sara Rankin; sara@sdmunicipalleague.org NOVEMBER 2017
The League now has an official Twitter account!
Follow us on Twitter: @sdmunileague place any limitations on private property owners by the federal government.
For more information on the National Register or other historic preservation programs, contact the State Historic Preservation Office at the Cultural Heritage Center, 900 Governors Drive, Pierre, SD 57501-2217; telephone 605773-3458 or website history.sd.gov/Preservation (click on National Register of Historic Places in the right column).
About the South Dakota State Historical Society The South Dakota State Historical Society is a division of the Department of Education. The State Historical Society, an Affiliate of the Smithsonian Institution, is headquartered at the South Dakota Cultural Heritage Center in Pierre. The center houses the society’s worldclass museum, the archives, and the historic preservation, publishing and administrative/development offices. Call 605-773-3458 or visit www.history.sd.gov for more information. The society also has an archaeology office in Rapid City; call 605-394-1936 for more information. 11
Thank You
84th Annual Conference Supporters
Sponsors
D.A. Davidson & Co.
Diamond
Dougherty & Company, LLC
Platinum
City of Sioux Falls Midco SDML Workers’ Compensation Fund South Dakota Public Assurance Alliance BankWest Trust Department DGR Engineering HR Green, Inc. Missouri River Energy Services Advanced Asset Alliance/AAA Collections Bartlett & West Butler Machinery Company Clark Engineering Delta Dental Electric Pump, Inc. First National Bank in Sioux Falls HDR
Gold
RDO Equipment Co. Stockwell Engineers, Inc. The First National Bank in Sioux Falls – Trust Department
Silver
Bronze
Infrastructure Design Group, Inc. Interstate Engineering KLJ Sheehan Mack Sales & Equipment Short Elliott Hendrickson Inc. SPN/Helms & Associates Trane
Health Pool of South Dakota
Thank You
84th Annual Conference Supporters
Exhibitors
3D Specialties Inc Advanced Asset Alliance Advanced Drainage Systems AE2S American Legal Publishing Corp Ban-Koe Companies Banner Associates Banyon Data Systems Bartlett & West Black Hills Energy Borns Group Brock White Company Burbach Aquatics, Inc. Carrothers Construction Co LLC Clark Engineering Connections, Inc EAP Crouch Recreation, Inc. D-Ware, Inc. D.A. Davidson & Co. Dakota Supply Group Data Technologies, Inc. DGR Engineering Dougherty & Company LLC Ferguson Waterworks GeoTek Engineering & Testing Services GovOffice Web Solutions HDR Health Pool of SD Holophane and American Electric Lighting HR Green, Inc. Hydro-Klean, LLC Infrastructure Design Group, Inc. Insurance Benefits, Inc. Interstate Engineering Jebro, Inc. JLG Architects Johnson Controls, Inc. KLJ Maximum Promotions, Inc. McLaury Engineering, Inc. Midco
Midwest Playscapes, Inc. Novak Sanitary Service OPG-3, Inc. Persona, Inc. Pheasantland Industries Planning & Development District III & First District Assoc of Local Governments Precision Concrete Cutting Puetz Corporation Purple Wave Qualifications Based Selection South Dakota Qualified Presort Service, LLC Razor Tracking RDO Equipment Co. Riverside Technologies, Inc. Sayre Associates, Inc. SDN Communications SEAM (Secure Enterprise Asset Management Sheehan Mack Sales & Equipment Short Elliott Hendrickson Inc. (SEH) Snyder and Associates, Inc. South Dakota Department of Transportation South Dakota Employer Support of the Guard & Reserve (ESGR) South Dakota Office of Emergency Management South Dakota Public Assurance Alliance South Dakota Public Funds Investment Trust South Dakota Ready Mixed Concrete Assoc. South Dakota Rural Water SDSU Extension Community Development SPN/Helms & Associates Sternberg Lighting Stockwell Engineers, Inc. Stone Group Architects, Inc. SUEZ Water Advanced Solutions T&R Service Company Team Laboratory TSP, Inc USAquatics, Inc. Vortex Aquatic Structures International Wellmark Blue Cross & Blue Shield
2017 Annual Conf
erence Snapshots ference
2017 Hall of Fame Inductees
The SDML Hall of Fame honors those elected and appointed officials and employees who have served municipalities in South Dakota for 20 or more years.
The SDML Hall of Fame is ongoing, if 20 years of service is completed by September 30, 2018 you are eligible to be inducted into the Hall of Fame in 2018 at the SDML Annual Conference in Pierre. Nomination forms will be available with other conference information in 2018. Terry Rowbotham, Arlington, 25 Years
Tessa Anderson-Voyles, Belle Fourche, 22 Years Tessa Anderson-Voyles started working with the City of Belle Fourche Park Maintenance Department in May 1995 as a seasonal employee and worked summers through 2001. In 1999, she also became an aerobics instructor at the Belle Fourche Area Community Center while attending Black Hills State University. In 2001, after graduating with a Bachelor’s of Science degree in Wellness Management, she became the Program Coordinator at the Community Center. Tessa is married to Cory Voyles and they have two children, Aiden and Aurora.
Dirk Hoffman, Belle Fourche, 22 years Dirk Hoffman started as Maintenance worker for the City of Belle Fourche in the Streets, Water and Sewer division of the Public Works Department in May 1995. He later moved to the Landfill division and worked there until 2000. He went back to the Streets, Water and Sewer division in 2001. In 2002, he became Interim Superintendent of Public Works and later in 2007 took on the job of Superintendent of Public Works. Dirk is married
to BettyJo. He has two grown daughters, Taylor and Randi, one grown son, Trevor and step-daughter, McKenzie. He also has one grandchild.
Vicki Ross, Belle Fourche, 26 years Vicki Ross started at the Belle Fourche Public Library in September 1991, where she has seen a lot of changes through the years. She has worn many hats since starting at the library, but most enjoys helping with the children’s programs and puppet shows. They have had a couple of large projects with the library addition and new carpet (that was a FUN move). The last couple of years the library has switched over to an automated checkout system. Vicki is married to Howard Ross, they have two children, four grandchildren and one great-grandchild.
Bill Burelson, Deadwood, 20 Years Bill began his employment February, 18, 1997 as a Parks Technician. After two years he transferred to the Street Department and in 2002 was awarded the position of Street Superintendent. He says he really enjoyed working with the Parks Department and has gained “loads” of experience as Street Foreman dealing with all of the challenges that come with the job. In his spare time he enjoys working around the house and spending time in Mexico with his best friend and wife, Chris. They have two boys, Chance and Bo.
Carol Hauck, Deadwood, 27 Years Carol started her employment with the Deadwood Public Library on February, 24, 1990 as a part-time aide. She later went full-time and has been employed at the Library for a combined total of 27 years. She grew up and graduated high school in Rapid City, then attended Black Hills State University graduating with a degree in English. She later moved to the Lead-Deadwood area. Carol is the mother of two grown children; Lindsey and Evan.
Kip Mau, Deadwood, 20 Years Kip began his employment on February 18, 1997 as a Police Officer. He is currently the High School Resource Officer and has been an S.R.O.for the past 14 years. He is the Deadwood Community Policing Officer, Bicycle Patrolman, Firearms Instructor, D.A.R.E. Instructor and is A.L.I.C.E. Certified. He was honored as 16
SOUTH DAKOTA MUNICIPALITIES
Police Department Officer of the Year in 2002 and 2006, the S.D. VFW Police Officer of the Year in 2004, Deadwood Employee of the Year in 2009 and S.D. School Resource Officer of the Year in 2012. He is a member of the Deadwood-Lead Optimist Club, Elks Lodge and Masons. He has coached high school football and middle school wrestling for the past 14 years. Kip is married to Tera and they have two boys, Zakary and Gage. He also enjoys hunting, fishing and riding motorcycles with his family.
Ken Mertens, Deadwood, 20 Years Ken began his law enforcement career as a reserve officer for the City of Deadwood in 1996, becoming a full-time patrolman on January 23, 2006. Prior to that he served as an officer for the cities of Lead, Milbank, Belle Fourche and Rapid City. In 1997 he was promoted to Sergeant and was named Officer of the Year. He was named VFW Officer of the Year in 2011 and has received two commendations, including the Lifesaving Medal. Ken has held several other positions in law enforcement including D.A.R.E. Instructor, Field Training Officer and Radar Instructor. In 2013, he was promoted to Lieutenant. Ken is married to Nancy and they have two sons, Cody (wife Megan) and Carston.
Robert Nelson, Jr., Deadwood, 20 years Robert “Bob” began his employment on September 25, 1997 with the Public Works Department where he worked for 12 years as a Certified Water and Wastewater Operator. In 2010 we has hired as the City Planning and Zoning Administrator. As an administrator he has managed the City of Deadwood Capital Improvement Plan for the past five years and is currently coordinating an updated Comprehensive Plan. In addition, Bob is a high school baseball coach and is a member of the Lead-Deadwood
NOVEMBER 2017
School Board. Bob has two children, Max and Carter. His boys are his “everything” and he enjoys fishing, golfing, and traveling with them every chance he gets.
Robert Randensleben, Deadwood, 20 Years Robert began his employment on July 1, 1997 with the Parks Department and transferred to the Public Works Department in 2002 where he is currently an Equipment Operator. Robert is married to Kim they have two boys, Danial and Coltan. Robert enjoys hunting, fishing, photography and spending time outdoors. Robert is also a U.S. Veteran who served for six years as a Navy Engineman, Petty Officer Second Class.
Larry Schildhauer, Dell Rapids, 42 Years Larry Schildhauer has a 42 work history with the City of Dell Rapids. Larry started as a water and waste water employee in 1974. In the late 70’s the City combined the water/wastewater and street departments into a Public Works Department. Larry took the helm of Public Works Director at this time following in the footsteps of his late father Arnold Schildhauer as leader of the city’s Public Works. The City of Dell Rapids has seen steady growth in population in the following decades. Larry has provided great leadership to the City in improving the necessary infrastructure to handle the growth. He has overseen countless improvement projects from new waste water treatment plants to new industrial, commercial and residential developments. Larry has also been integral in keeping our community up to date with new equipment and new technologies. The community of Dell Rapids is extremely fortunate to have Larry Schildhauer leadership and foresight over the last 42 years. Larry has dedicated his career to our community and we are very grateful.
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Julie Pomerico, Huron, 20 years Julie started with Utility Billing and was promoted as an assistant to the Planning, Inspection & Engineering Department. She enjoys working with the public and is thankful for all of the experiences and knowledge she has gained over the years. She is married to Mark and has two sons and three grandsons. Her hobbies include gardening, walking and crafting.
Paul Sides, Huron, 20 Years Captain Paul A. Sides was raised in Bridgeport, NE. He is married to Kallie and has three children Hannah, Colton and Elvin (foster-son). After graduating from Bridgeport High School in 1993, he attended Huron University on baseball scholarship. In May 1997 he graduated with a Bachelor of Science Degree in Criminal Justice. August 1997, he started his Law Enforcement career with the Huron Police Department. He has been very active within the department with extra duties, such as SRT, Hostage Negotiator, Field Training Coordinator, D.A.R.E. Instructor, and Crime Free Housing Coordinator. He is currently the Captain of Patrol Operations.
David Dutton, Spearfish, 20 years Dave started in April 1997 as an Administrative Assistant and Utilities Accountant. In December 2002 he was promoted to the Assistant Finance Officer, in December 2009 he was appointed as Acting Finance Officer. He is a member of the City of Spearfish Strategic Plan Steering Committee. Dave served on the South Dakota Governmental Finance Officer Association Board of Directors from 2011-2015 and was Past President from 2015-2016. He also serves on the SDML Taxation & Revenue Committee.
Carolyn Anderson, Wall, 26 Years Carolyn Anderson started her career in Municipal government in 1998, as the Finance Officer for the Town of Wasta and retired after 15 years. In 2007, she began working as Finance Officer for the City of Wall and is starting her 11th year there. She serves on the Wall School Board, is on the Board of Directors for the Eastern Pennington County Ambulance District and is also on the Wall Economic Development Board. She has lived in Wall since 1985 and raised two daughters, Lisa and Laura there.
Brett Warren, Huron, 20 Years Brett started in 1983 as a part-time, seasonal employee and worked for Parks & Rec and Golf Course. January 2, 1997, he started full-time in Solid Waste then worked for the Street Department. He moved to Parks & Rec in 2001. He spends 6 months of the year as the Building Manager for the Ice Arena and 6 months driving a John Deere 11’ mower. His hobbies include ice fishing and smoking foods, trying to find the best rub for a brisket. He has two daughters, Brittni and Gracie. He spent 20 years in the National Guard and is an OIF (Operation Iraq Freedom) Veteran.
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SOUTH DAKOTA MUNICIPALITIES
Armour Beresford Bristol Cavour
Centerville Chancellor Elkton
Emery Ethan Gregory Hazel
Hot Springs Humboldt
SDML Directory Changes
Delete: FO Deb Benson Add: FO Kari Bertram
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Ipswich Java
Delete: FO SaDell Neuhardt Add: FO Kim Danielson-Huwe Delete: FO Maureen Wegenke T Bill Maas Add: FO Deb Hetle T Andrea Fredrichson Delete: FO Donna Hauck Add: FO Kristin Hazen
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Delete: CM Dennis Lundgren LSM Theresa Jensen PWD Ryan Bebensee Add: CM Deanna Lundgren LSM Denise Aldrich PWD Steve Jensen Delete: FO Ashley Zens Add: FO Kristi Wollman Delete: T Logan Sorenson UM Brett Scott Add: UM David Dubba
Delete: PC Travis DeBuhr Add: PC Leif Gildemaster
Delete: FO Jasmine DeSmet FC Marvin Singrey T Alan Hojnacke Add: Phone: 605.628.2250 Email: townofhazel@yahoo FO Leslee Roe FC Shane Struckman T Babe Dean Delete: ADM Nolan Schroeder
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Lake Preston Lebanon Lemmon
Montrose: Pierre
Plankinton Spearfish
Tea
Turton Wagner Watertown
Wood
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Delete: PWD Luke Holland Add: STS Jacob Langland WS Rodney Cook Delete: T Dustin Lower Add: T Pat Lembke Delete: CM Josh Hoff
Delete: FO Dennis Healy Add: FO Sarah Smith Add:
ADM Kristi Honeywell
Add:
ADM Michael Harmon
Delete: CM Altman Studeny Add: CM Terrance Schuldt
Add:
ADM Dan Zulkosky
Delete: FO JoAnn Troske Add: FO Mollie LaBrie Delete: CM Dale Petrick Add: CM Brenda Jaton
Delete: ATT Justin Goetz FO Shelly Ebbers Add: ATT Vince Foley (interim) FO Kristin Bobzien (interim) Email: kbobzien@watertownsd.us Add
Phone: 605.452.3010
Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 20172018 Directory of Municipal Officials.
NOVEMBER 2017
19
SDML 2018 Statement of Policy
The Municipal League’s Statement of Policy for the coming year was adopted in its final form at the SDML annual business meeting held during the annual conference in Rapid City. This statement guides the League staff and lobbyists during the legislative session and functions as a reference for the League’s position on various issues affecting local government. This Statement of Policy is also posted on the League’s website, www.sdmunicipalleague.org. Adopted October 6, 2017
MUNICIPAL EMPLOYEES 1. The SDML supports an amendment to restrict or repeal the presumptions included in SDCL 9-16-45 pertaining to circulatory or respiratory disease as “occupational” in firefighters, and opposes any amendment to expand the disease presumption regarding occupational diseases affecting volunteer and active paid firefighters. (GG – 2000; CB7)
2. The SDML supports legislation authorizing municipal access to federal background checks for licensees. (GG – 2008; 2009)
3. The SDML supports legislation to make municipal laws consistent as to the use of the term “finance officer” rather than “clerk/treasurer.” (GG – 2010)
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4. The SDML supports allowing the Finance Officer or their designee to attend meetings. (GG – 2017)
GOVERNMENT ETHICS AND OPERATIONS 5. The SDML supports legislation that would exempt municipalities from the regulations of the unclaimed property laws. (GG – 2000; 12) 6. The SDML supports amending SDCL 12-1-5 to include municipal election officials on the State Board of Elections. (GG – 2000; 13)
7. The SDML supports clarifying signature requirements for all municipal election petitions. (GG – 2016)
8. The SDML supports clarifying the initial election of officers in a newly incorporated municipality. (GG – 2016)
9. The SDML supports resolving the conflict between § 99-14 and § 9-9-17. (GG – 2017)
10. The SDML supports amending state law to clarify residence requirements for municipal elected officials. (GG – 2014)
11. The SDML supports moving the deadline established in 9-20-11.2 forward one week. (GG – 2017)
SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
12. The SDML supports efforts by the Secretary of State to provide consistency in election statutes. (GG – 2017) 13. The SDML supports working cooperatively with other state entities to clarify residence for voter registration. (GG – 2015)
14. The SDML supports making provisions for supplementing municipal budgets consistent with provisions found in county law. (GG – 2015)
15. The SDML supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. (added by SDML Board of Directors, Dec. 9, 2015) (GG – 2016)
16. The SDML supports increasing the audit “trigger” to $750,000. (GG – 2014)
17. The SDML supports increasing the Internal Control Review range to between $100,000 and $750,000. (GG – 2014)
18. The SDML supports changing the makeup of the local board of equalization to more appropriately reflect the distribution of property tax revenues. (GG – 2008)
19. The SDML would support county efforts to impose a penalty of up to $250 for failure to appear at a requested property tax assessment appeal to the Office of Hearing Examiners. (GG – 2017)
20. The SDML supports publishing minutes within 15 days of the newspaper receiving the minutes from a municipality. (GG – 2017)
21. The SDML supports allowing citizens to vote on their preferred method of receiving public notices. (GG – 2017)
22. The SDML supports allowing municipalities alternative publication options. (GG – 2003)
23. The SDML supports amending statutes regarding designation of official newspapers to require the newspaper submit the circulation density by local government jurisdiction. (GG – 2011; 2013)
24. The SDML supports legislation to allow a local option for resolutions to be published by title and abbreviated explanation only. (GG – 2006)
25. The SDML supports legislation to allow publication of bond resolutions, bond ordinances, and franchise ordinances by reference. (GG – 2003)
26. The SDML supports reviewing open meeting laws in conjunction with any Open Government Task Force so long as the SDML is adequately represented. (GG – 2009; 2012)
27. The SDML opposes state regulation of the Health Pool of South Dakota, the South Dakota Public Assurance Alliance, or the SDML Workers’ Compensation Fund. (GG – 2003)
28. The SDML supports legislation amending SDCL 34A-629 to make the collection of delinquent garbage collection fees consistent with the collection of other delinquent municipal utility fees. (GG – 2006)
29. The SDML supports allowing counties to add a
SOUTH DAKOTA BASIC CODE Affordable Codification for Small and Mid-Sized South Dakota Municipalities A comprehensive model code of ordinances for municipalities featuring: x Subject matter encountered by municipalities x Annual state law updates x
x x NOVEMBER 2017
A comprehensive index and a title devoted to your unique local ordinances Published by American Legal and the South Dakota Municipal League For more information call or e-mail deRicci Getty at 1-800-445-5588 or dgetty@amlegal.com 21
SDML 2018 Statement of Policy
processing fee of up to 5%, or a minimum of $15.00, for the collection of delinquent municipal utility and other service fees and charges and for nuisance actions. (GG – 2016)
30. The SDML supports legislation to allow funds to be deposited directly to municipalities from the state, rather than going first through the counties. (GG – 2006)
31. The SDML supports allowing the governing body to annually establish compensation for all citizen boards, committees, and commissions, notwithstanding other state laws. (GG – 2017)
32. The SDML will not oppose the addition of a penalty for the late submission of an annual report as long as the deadline for submission can be moved back to May 31 of each year and there is a provision for the Department of Legislative Audit to allow for an extension as circumstances merit. (GG – 2006)
33. The SDML supports amending § 9-22-21 to include all municipalities. (GG – 2017)
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34. The SDML supports changing the vote to create a hospital district to a simple majority. (GG – 2007)
35. The SDML supports equal treatment of all government facilities which serve as the official office of elected officials or any buildings where governing bodies officially meet on a regular basis. (GG – 2012)
36. The SDML supports making special assessments for sidewalks consistent with all other special assessment procedures. (GG – 2013)
37. The SDML supports clarifying that nuisance assessments may be made by local resolution. (GG – 2013)
38. The SDML supports amending SDCL 21-10-6 to distinguish between an “assessment” and a “special assessment.” (GG – 2016)
COMMUNITY AND ECONOMIC DEVELOPMENT 39. The SDML supports allowing a separate and additional class of on-sale liquor licenses for golf courses. (GG – 2003; 2007; 2008)
SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
40. The SDML opposes any change to the requirement that alcoholic beverage licenses be given only to a single legal description. (GG – 2000; 21)
41. The SDML supports amending §35-4-11.2 to allow municipalities under 20,000 in population access to convention facility licenses with seating for 150 and 40 sleeping rooms. (GG – 2017)
42. The SDML supports the valuation of platted land based on use, rather than zoning designation, and urges cities and counties to work cooperatively to develop legislation. (GG – 2014)
43. The SDML supports the public financing toolbox for local governments. (GG – 2014)
44. The SDML supports a reduced rate for ballot publications. (GG – 2009) 45. The SDML supports revising the business improvement district statutes to allow municipalities and counties to enter into joint projects and to locally determine all rates. (T&R – 2003)
46. The SDML supports creating incentives within the REDI fund for investment, not just job creation. (T&R – 2003)
47. The SDML supports making REDI funds available for infrastructure and infrastructure master planning. There is plenty of raw land, but it needs infrastructure before it can be sold to prospects or developed in a timely manner. (T&R – 2003)
48. The SDML supports allowing maximum local control of tax increment financing (TIF) districts, an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. (T&R – 2017)
within the adoption process, enabling municipalities to more effectively adopt and administer their comprehensive plan, zoning regulations, and subdivision regulations. (PW – 2000; 10)
52. The SDML would strongly oppose any legislation to overrule local zoning or building codes pertaining to mobile homes, manufactured houses or trailer houses. (PW – 2000; 11)
53. The SDML supports the right and authority of municipalities to have at least an equal voice in platting, zoning, planning, code enforcement, and flood management control in the extraterritorial area. The SDML also supports legislation to enhance municipalities’ ability to gain extraterritorial jurisdiction, and permissive legislation allowing cities and counties to enter into intergovernmental agreements for Urban Growth Areas. (PW – 2000; 12)
54. The SDML supports legislation to amend SDCL 9-4-1 to exclude “registered voters” from the petition process for annexation of contiguous territory. (Transferred from GG – 2000; 13)
55. The SDML supports legislation to ensure that municipalities control planning, zoning, and development issues within the corporate limits. (PW – 2003) 56. The SDML believes municipal governments should be notified of and participate in economic development efforts within their jurisdiction. (PW – 2014)
57. The SDML supports state and federal funding for the Lewis and Clark Regional Water System to complete services to South Dakota communities. (PW – 2014)
58. The SDML would support legislation to prohibit
49. The SDML supports legislation allowing a local vote on up to an additional one cent temporary municipal sales tax to be used for infrastructure projects. (T&R – 2014) 50. The SDML supports amendments to annexation laws that increase local authority. (PW – 2000; 9)
51. The SDML supports planning and zoning legislation that will encourage continuity between city and county planning and zoning procedures and reduce ambiguities NOVEMBER 2017
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SDML 2018 Statement of Policy
creation of any entity with municipal powers within five miles of any existing municipal boundaries. (PW – 2015)
MUNICIPAL FINANCE 59. The SDML supports cooperative efforts to return a portion of the video lottery revenues to municipalities. (T&R – 2000; 2)
60. The SDML supports legislation to increase the license fee that municipalities may charge on video lottery machines. (T&R – 2000; 3)
61. The SDML supports amending SDCL 6-3-3 to return the required percentage of the vote to pass a joint bond issue to a simple majority. (T&R – 2000; 4)
62. The SDML supports amending SDCL 9-19-13 to provide that all administrative resolutions would be effective upon passage and publication. (T&R – 2004)
63. The SDML strongly supports legislation to amend SDCL 10-52A-2 to allow up to 2 percent “bed, booze, and board” tax. (T&R – 2005)
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64. The SDML supports legislation requiring counties to notify municipalities of any changes to road and bridge reserve fund levies. (T&R – 2015)
65. The SDML supports legislation to make provisions for taxing all products and services, such as electronic amusement devices, consistent between the state and municipalities. (T&R – 2017)
Sales Tax 66. The SDML opposes any legislation that would reduce, remove, repeal or reallocate the municipal sales tax, liquor tax reversion or any other municipal revenues to any other unit of government or that would expand the power to impose a sales or use tax to any other unit of government. (T&R – 2000; 9)
67. The SDML opposes any further exemptions from the sales tax laws. (T&R – 2000; 10)
68. The SDML opposes the repeal of the sales tax on groceries. (T&R – 2004)
69. The SDML supports legislation to allow municipalities to impose an additional tax on the leases or rentals of
SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
hotel, motel, campsites, or other lodging accommodations within the municipality. (T&R – 2000; 11)
70. The SDML opposes any attempt by the state to extend their authority over the collection, administration, and redistribution of the municipal sales tax for any purpose. (T&R – 2000; 12)
71. The SDML supports a sales tax on all catalog and Internet sales. (T&R – 2000; 14)
72. The SDML strongly opposes any formula-driven redistribution of sales and use tax revenues. The SDML strongly supports maintaining the current system of returning revenues based on sales actually attributed to that point of delivery. (T&R – 2002; 15)
73 The SDML supports allowing broad, local-option authority to municipalities that would enable the return of any potential tax revenue increases to entities or persons deemed appropriate by the municipality. (T&R – 2002; 20)
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74. The SDML supports a requirement that all prior debt obligations be covered regardless of any potential initiative, referendum, or legislative action. (T&R – 2002; 22)
75. The SDML is opposed to de minimus exceptions. (The exceptions do not serve to level the playing field and the collection allowance will reimburse sellers for the costs of collecting the taxes.) (T&R – 2002; 23)
76. The SDML opposes any municipal funding of a sales tax collection allowance for all sellers, whether in or out of state. (T&R – 2002; 2004; 2012; 2013)
77. The SDML supports continued local control over local rates and opposes weighted averaging or a state-imposed single rate. (T&R – 2002; 25)
78. The SDML supports retaining the ability of municipalities to impose, adjust, and determine local rates, protect current revenues, prevent loss of revenue, and to account for any future growth. (T&R – 2002; 26)
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SDML 2018 Statement of Policy
79. The SDML supports reinstatement of the ability to tax Internet services. (T&R – 2002; 2010; 27)
State/Federal Funding 80. The SDML supports repeal of state taxation on alternative fuels used by local governments, and supports federal tax incentives for government purchases of alternative fuel vehicles. (T&R – 2007)
81. The SDML supports exempting government projects from the contractors excise tax. (T&R – 2004; 2015)
82. The SDML supports exempting government owned and provided materials from the contractors excise tax. (T&R – 2015)
83. The SDML supports legislation to allow a local option, gross receipts tax on alcoholic beverages for the counties to fund public-safety related items. (T&R – 2015)
84. The SDML supports exempting all municipal projects, facilities, and equipment from sales and use taxes, so long as the municipality retains ownership and control, regardless of who installs or operates the facility or equipment. (T&R – 2011)
85. The SDML supports legislation to require that all aviation funds, grants, revenues, taxes, or monies from any other source collected previously and in the future be dedicated for aviation use only. (T&R – 2000; 2010; CB6) (Moved from Core Beliefs)
86. The SDML opposes removing or reducing tax exemptions for municipal bonds. (T&R – 2013)
Property Tax 87. The SDML supports legislation to allow, at local option, the creation of library districts to allow for the equitable funding for libraries that provide service to municipalities, counties, and other overlapping entities. (T&R – 2000; 31)
88. The SDML opposes any legislation that would shift more of the current property tax levy from ag to non-ag property. (T&R – 2000; 32)
89. The SDML opposes attempts to amend the Constitution to cap the growth of property values and base the value on the acquisition value of property. (T&R – 2005)
90. The SDML supports continuing liens and encumbrances on property purchased through a tax deed. (T&R – 2013) 26
91. The SDML supports legislation to amend SDCL 10-1335 to set the property tax cap at 3% or the rate of inflation, whichever is greater. (T&R – 2015)
User Fees 92. The SDML supports the concept of user fees for public service calls, including but not limited to law enforcement and fire protection for all tax-exempt properties. (T&R – 2000; 2008; 2010; 33; 2015)
93. The SDML opposes discriminatory charges on county taxpayers living within municipal boundaries for services, including but not limited to 911 emergency services. (T&R – 2012)
94. The SDML supports efforts to increase Medicaid reimbursement rates for ambulance and emergency medical services. (PHSW – 2016)
95. The SDML supports continuation, reinstatement, or new state and federal grants and loans, at sustained levels, including State Revolving Fund monies, to local governments to facilitate construction and upgrading of sewer, stormwater utility, water, and solid waste facilities as mandated by state and federal regulations. (PW – 2000; 2007; 19)
96. The SDML supports state funding to restore the funds transferred from the Aeronautics Trust Fund in order to allow South Dakota airports to continue to comply with safety regulations and to provide needed infrastructure improvements. (PW – 2016)
97. The SDML supports amending the fee structure for wastewater and storm water permits to support SD Department of Environment and Natural Resources staff and programming. (PW – 2017)
LOCAL CONTROL AND HOME RULE 98. The SDML supports legislation that would exclude club licenses (class M licenses) from the limitation on the total number of liquor licenses allowed within a municipality. (GG – 2000; 23)
99. The SDML supports permissive legislation granting municipalities the power to control the number and the fees for on-sale and off-sale liquor, wine, and malt beverage licenses to be granted within the municipality. (GG – 2000; 24)
100.The SDML supports local control of the sale, use, distribution, marketing, and promotion of tobacco products that are more restrictive than those provided by the Legislature. (GG – 2003) SOUTH DAKOTA MUNICIPALITIES
101. 102.
103. 104.
105.
SDML 2018 Statement of Policy
The SDML strongly supports legislation to distance state laws from Dillon’s Rule. (GG – 2005)
The SDML supports legislation to allow municipalities under 5,000 the same ability to establish the price of a liquor license as is allowed to those municipalities over 5,000 population. (GG – 2007)
The SDML supports the ability to use drones for any local government purpose. (Resolutions – 2014)
The SDML opposes state legislation limiting municipalities from adopting whichever portions of the International Codes deemed necessary. (PHSW – 2009; 2016)
The SDML recommends that the Department of Transportation, the Legislature, and any county affected, carefully review the financial impact of the transfer of any roads, bridges or highways to the municipality. The SDML supports legislation to require counties and the state to provide to
106.
107.
108.
The SDML strongly supports legislation affirming the authority of municipal government to control activities and charge for the use by utilities within public rights-of-way within municipal jurisdiction. (PW – 2000; 2)
The SDML opposes any regulation by others of any service provided by or regulated by a municipality. However, the SDML strongly feels that municipalities should be included in any discussion on restructuring of the energy and telecommunication industries. (PW – 2000; 3)
The SDML supports state legislation allowing the municipality to own and operate a cable TV system, when allowed by federal law. (PW – 2000; 5)
PUBLIC HEALTH AND SAFETY 109. The SDML supports repealing the sunset on the 911 surcharge and supports efforts to hold telecom wireless companies accountable for all surcharge remittance on wireless services provided. The SDML also supports legislation allowing inflationary increase in the surcharge to keep pace with continued growing costs and inflation. (T&R – 2017) 110.
111.
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municipalities all maintenance records and bridge inspections prior to the negotiation of a transfer. (PW – 2000; 2010; 1)
The SDML supports expanding the base for the 911 surcharge to include all means of communicating with a 911 system. (T&R – 2005)
The SDML supports enhanced revenue from the state and federal governments to implement heightened security standards necessitated by any state or federal Homeland Security requirements. (T&R – 2002; 36)
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112.
113. 114.
115.
116. 117. 118.
119. 120. 121.
122.
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SDML 2018 Statement of Policy
The SDML encourages the licensing of building contractors by local units of government to ensure that contractors comply with minimum standards to protect the consumer. (PHSW – 2004)
The SDML supports legislation to expand affordable housing opportunities in South Dakota. (PHSW – 2014)
The SDML supports making affordable public and private health care coverage available to all South Dakotans and strongly encourages efforts to expand Medicaid. (PHSW – 2014; 2015; 2016)
The SDML supports a statewide task force to review access and resources the treatment of alcoholism, drug addiction, and gambling addiction. The SDML calls for the State of South Dakota to assume increased responsibility for funding of detoxification and alcoholic, drug addiction, and gambling treatment facilities from state alcohol beverage taxes and gaming revenues. (PHSW – 2000; 2014 CB2; 2015) (Amended and moved from Core Beliefs)
The SDML supports a mechanism for blighted, vacant, or nuisance properties to assist in the costs of their own remediation. (PHSW – 2014; 2016)
123.
124. 125.
126.
127.
The SDML supports legislation to provide stronger penalties and increase requirements for mandatory vehicle insurance. (PHSW – 2007)
The SDML supports legislation to remove restrictions which prohibit municipalities from prohibiting the use of phosphates in lawn fertilizers within city limits. (PHSW – 2010)
128.
The SDML supports continued efforts to reduce distracted driving. (PHSW – 2012; 2014)
The SDML supports adoption of the most recent edition of the International Codes, with the option of local amendments. (PHSW – 2013; 2014; 2017)
The SDML strongly supports a statewide task force to review access and resources for the treatment of mental healthcare and increased funding for services and programs. (PHSW – 2015)
The SDML supports making seatbelt violations a primary offense. (PHSW – 2016)
The SDML opposes any effort to weaken the statewide smoking ban, and will support legislation that strengthens state and local efforts to enforce this prohibition. (PHSW – 2016)
The SDML supports state funding for the State Radio System and supports upgrading to P25 technology. (PHSW – 2017)
The SDML recommends that the State Department of Transportation analyze and make recommendations to the legislature regarding the adverse effects of state load and length limits on municipal streets, bridges, and traffic patterns regarding state load limits, issuing of permits, or truck lengths. (PW – 2000; 2010; 6)
The SDML strongly urges the Department of Environment and Natural Resources and the South Dakota State Legislature to adopt rules, regulations and appropriate legislation to designate the entire Big Sioux River Basin as a water source protection area and to establish a management plan for the allocation of water in the Big Sioux River Basin (the river and associated aquifers.) (PW – 2000; 7)
The SDML supports the Safe Drinking Water Act Amendments of 1996; however, the SDML opposes federally mandated drinking water standards unless based upon proven human health risks substantiated by scientific data. The SDML continues to support monetary assistance to public water systems based upon flexible and reasonable incentives. (PW – 2000; 2008; 8)
The SDML opposes the US Corps of Engineers’ proposal to levy fees on the storage of water in the Missouri River reservoirs to recover costs of constructing the Missouri River dams. The policy would pose severe economic impacts to municipal and rural water systems in the state. (PW – 2011)
MUNICIPAL UTILITIES 129. The SDML opposes forced transfer or sale of ownership of state or federally owned dams and power marketing administrations. (PW – 2000; 2010; 15) (Deleted portion moved to Core Beliefs) 130.
The SDML opposes the practice of the federal government threatening the loss of funding to ensure compliance with federal guidelines. The SDML requests the Department of Environment and Natural Resources to allow flexibility to water SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
131.
132.
133.
134.
systems to meet water certification requirements and urges the Department of Environment and Natural Resources to continue monetary assistance and free training for water certification. (PW – 2000; 2008; 16)
The SDML opposes any legislative and regulatory barriers to the creation of municipal electric utilities and supports the fundamental principle of public power and the right of municipalities to provide any utility service desired by their citizens. (PW – 2004)
The SDML opposes legislation that removes the ability of municipalities to determine responsibility for service lines between the homeowner and the city. (PW – 2005; 2016)
The SDML supports the right and authority of municipalities to retain local control over all aspects of placement and use of individual alternative power systems. (PW – 2008)
The SDML encourages policymakers in Congress, the FCC, and the USDA to understand the
135.
. w o r r o m to
The SDML supports amending annexation laws to ensure non-contiguous municipal utility facilities, specifically wastewater treatment plants and landfills, be considered to be within municipal boundaries. (PW – 2012) CORE BELIEFS
Municipal Employees CB1. The SDML endorses the retention of the existing state constitutional right to work law and opposes any state or federal legislation that interferes with or affects that right. While recognizing the right of employees to organize, it is fundamental that each employee be guaranteed individual freedom of choice in joining or not joining a union or other employee organization. (GG – 2000; CB1)
CB2.
Investing in your
INFRASTRUCTUR RE is an INVESTMENT inn
importance of robust broadband deployment in rural America and how the National Broadband Plan needs to be dramatically altered to avoid a digital divide between rural and urban citizens. (PW – 2010)
CB3.
The SDML advocates that the cities continue to review and upgrade job safety and health standards for all municipal employees and require the use of safety equipment by municipal employees while on duty. (GG – 2000; CB2) The SDML supports legislation that prohibits violence in the workplace. (GG – 2000; CB3)
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B4.
CB5.
CB6. CB7. CB8.
CB9.
CB10.
CB11. CB12. 30
SDML 2018 Statement of Policy
The SDML urges local governing bodies to adopt those portions of the Municipal League Personnel Manual that meet their local needs. (GG – 2000; CB4)
The SDML encourages member municipalities to allot funding and paid time for employee and officials training and educational opportunities so that municipal service is made more effective and at the same time employees may become qualified for promotion to higher level positions. The SDML encourages municipal employees and officials to join and participate in professional associations, job related organizations, and other continuing education activities and urges cities to allot funding and paid time for such membership and participation. (GG – 2000; CB5)
The SDML urges municipalities to prepare and adopt Equal Employment Opportunity policies that comply with law. (GG – 2000; CB6; 2013)
The SDML is opposed to any legislation or administrative rules adopting binding arbitration. (GG – 2000; 2007; CB10)
The SDML opposes repeal of Article III, Section 26 of the South Dakota Constitution relating to municipal powers denied to private organizations. The SDML opposes any further changes in SDCL 3-18-3 providing for the voting procedure for determination of bargaining unit representation. The SDML supports SDCL 3-18-10 which prohibits strikes by public employees. (GG – 2000; CB11)
The SDML supports local consideration of “equal pay for equal work” but opposes the development of comparable worth pay systems through DOL rulemaking that advances the notion that government should dictate an organization’s compensation program. (GG – 2000; CB12; 2013)
The SDML urges cities who do not have a retirement system to join the South Dakota Retirement System after careful fiscal review. (GG – 2000; CB13)
The SDML recommends that municipalities make available health and life insurance coverage for their employees. (GG – 2000; CB14) The SDML urges municipalities and other units of
CB13.
CB14. CB15.
local government to consider joining the SDML Workers’ Compensation Fund, the South Dakota Public Assurance Alliance, the South Dakota Public Funds Investment Trust, the Health Pool of South Dakota, and SDML Municipal Government Software; and to review other services available through the SDML. (GG – 2000; CB15)
The SDML supports legislation amending SDCL 62-1-5 and SDCL 62-1-5.1 by revising the compensation rate for volunteers not to exceed the salary from regular employment, and for unemployed volunteers not to exceed the minimum compensation rate under law. (GG – 2000; 4)
The SDML opposes any investment of the assets of the South Dakota Retirement System in “social investing” or “venture capital.” (GG – 2000; 5)
The SDML opposes any legislative action allowing a participating entity or group of members from being removed from the South Dakota Retirement System. (GG – 2000; 6)
Community and Economic Development CB16. The SDML urges all municipalities to adopt a fair housing policy. (GG – 2000; CB16)
CB17.
CB18.
CB19.
CB20.
CB21.
The SDML opposes bills similar to the “Bradley Bill” because of the potential environmental, social and economic impacts on the people and governments of South Dakota. (GG – 2000; 20)
The SDML encourages the Governor and the Legislature and the Ellsworth Authority to assist in the efforts to retain Ellsworth Air Force Base as a viable military facility. (GG – 2003; 15)
The SDML urges federal and state support for alternative transportation programs that take into account new technologies, mobility, community quality of life, and demographic trends as well as maintenance of traditional modes of transportation. (GG – 2015; 2016) (Moved from General Policy)
The SDML encourages the Legislature and the Governor to review all laws as they pertain to economic development, and to work with municipalities to develop opportunities and remove impediments to development of our communities. (T&R – 2002; 1)
The SDML supports ensuring K-12 education is at SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
CB22.
CB23.
CB24. CB25.
the highest academically competitive levels as well as the teaching of basic life skills and responsibilities. (PHSW – 2003)
The SDML supports the use of public and private colleges and universities in producing labor studies and other studies on local needs and resources, and in the development of a statewide master plan for economic development. (PHSW – 2003)
The SDML encourages general education cost forgiveness for South Dakota university and technical school graduates who stay in-state for a specified length of time. (PHSW – 2003; 2010)
The SDML supports the creation of a long-range technology master plan for South Dakota. (PHSW – 2003)
The SDML urges investment in research and development and intellectual property using research triangles and incubator programs to promote these endeavors. (PHSW – 2003)
NOVEMBER 2017
CB26.
CB27.
CB28.
The SDML recognizes that any mismanagement of the Black Hills National Forest is a health, safety and economic development issue for residents of South Dakota. The SDML supports policies that prioritize quality of life and economic development in the Black Hills National Forest. (PHSW – 2003; 2016)
The SDML urges the SD Department of Environment and Natural Resources to recognize that environmental regulations cost municipalities an immense amount of money, which could otherwise be spent on economic development and quality of life improvements. The SDML urges DENR to keep environmental regulation as reasonable and affordable as possible for municipalities in South Dakota. (PHSW – 2003)
The SDML recognizes the importance of maintaining the National Science Lab, and strongly supports its continued scientific efforts at the former Homestake mine. (PHSW – 2005; 14) (Moved from General Policy)
31
CB29.
CB30. CB31.
SDML 2018 Statement of Policy
The SDML encourages the development of a statewide economic development policy in South Dakota -recognizing that quality of life in communities is a major factor. (PHSW – 2002) (Moved from General Policy)
The SDML believes that municipal and county governments should formulate and control all local planning and zoning programs. (PW – 2000; CB7)
The SDML supports enhanced state and federal funding for water supply systems. (PW – 2014)
Government Ethics and Operations CB32. The SDML endorses the Core Beliefs espoused by the National League of Cities.1 (GG – 2000; CB18) CB33.
CB34.
The SDML encourages municipalities to initiate policies to oppose racial profiling in any municipal activity. (GG – 2000; CB19)
The SDML encourages municipal elections to remain non-partisan. (GG – 2003)
CB35.
The SDML supports efforts to review and update state statutes related to municipal government provided the South Dakota Municipal League has appropriate representation in that process. (GG – 2000)
Local Control and Home Rule CB36. The SDML encourages federal, state, and local government leaders to continue to work with American Indian tribes to resolve taxation, regulatory, environmental and infrastructure issues, and law enforcement concerns. Such efforts should address concerns resulting from the federal government placing land into trust on behalf of American Indian tribes without such tribes having entered into a binding agreement with state and local entities on the collection of taxes, law enforcement, infrastructure and environmental concerns, and regulations. (GG – 2000; CB20)
CB37.
The SDML encourages consolidation of the Boards of Equalization with the cooperation of all entities of local government in order to relieve taxpayers of
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SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
CB38.
CB39. CB40.
CB41.
unnecessary burdens and encourages legislation to require counties to consolidate Boards of Equalization when requested by a municipality. (GG – 2000; CB21)
The SDML opposes any legislation expanding the power and authority of special districts, subdistricts, cooperatives, and sanitary districts to render services without allowing municipalities the same options. (GG – 2000; CB22)
The SDML proactively opposes the mandatory OSHA requirements being applied to municipalities. (GG – 2000; 2)
The SDML opposes any legislation which would inhibit municipalities from providing services requested by citizens in whatever form the citizens approve. (GG – 2006)
The SDML opposes any measure that restricts local control over taxation and spending, and urges the defeat of any such measure. Further, the SDML encourages municipalities to work individually and with other local governments to inform citizens of the negative impact of tax and spending limitation measures. (T&R – 2000; CB11)
CB42.
CB43.
CB44.
CB45.
CB46.
CB47.
The SDML opposes any attempt to impose a tax or regulation on self-insured local government pools or individual self-insured local government entities. (T&R – 2000; CB12)
The SDML opposes any state environmental laws and regulations that are more stringent than existing federal environmental laws, standards and regulations. (PHSW – 2000; CB4)
The SDML encourages standards be developed to provide equal 911 service to all citizens and visitors, and encourages cooperative efforts to improve 911 services and efficiency. The SDML opposes mandated consolidation of 911 service centers. (Adopted at Joint Board Meeting between SDML and SDACC, December, 1999; 8; Amended by SDML Board, December, 2006; PHSW – 2016) (Moved from General Policy)
The SDML recommends that streets and highways constructed with state/federal funds be based upon consultation and coordination with the local government. (PW – 2000; CB4)
The SDML urges the Transportation Commission, with input from municipal government, to develop and adhere to an adequate transportation plan and supports the development of an access management model. Further, municipalities must be offered participation in any change affecting their area. (PW – 2000; CB5)
The SDML opposes any state mandated prohibition against the cities’ right to construct with their own crews. (PW – 2003)
Municipal Finance State/Federal Funding CB48. The SDML strongly supports the federal government honoring all of its funding obligations, including but not limited to federal highway funding and airport funding. The SDML also strongly supports the continued assistance of the SD Department of Transportation in assuming the local matching portion of federal highway monies. (T&R – 2000; 2010; 2011; CB1) CB49.
NOVEMBER 2017
The SDML supports periodic evaluation and increases in state motor vehicle license fees for the funding of streets and highways and supports exploring other revenue to fund the highway transportation needs of the state. (T&R – 2000; CB2) 33
CB50. CB51.
CB52. CB53.
34
SDML 2018 Statement of Policy
The SDML will support legislation to repeal the reduction in license fees for commercial vehicles, based on age of the vehicle. (T&R – 2000; CB3)
The SDML would oppose any redistribution of the motor fuel taxation that would violate the accord reached by the State and local governments in 1985. (T&R – 2000; CB4)
The SDML supports funding of the South Dakota Local Technical Assistance Program. (T&R – 2000; CB5)
The SDML recognizes that the US Army Corps of Engineers is responsible for the operation and maintenance of dams on the Missouri River, which due to design deficiencies, have caused stream bank erosion, channel sedimentation, and river bed degradation. Therefore, the cost to operate and maintain the Missouri River system as envisioned in the Flood Control Act of 1944 (Pick-Sloan) should be borne by the Federal Government. (T&R – 2000; CB7)
CB54.
CB55.
CB56.
CB57.
The SDML supports legislation for state general funds for training programs at the local level required by the state for firefighters and EMS workers and especially including funds to reimburse volunteers for expenses incurred in training. (T&R – 2000; CB8)
The SDML requests that the state financially underwrite the full costs of all law enforcement training that is required by the state. Funds levied for training should be used only for training. Adequate funding of the law enforcement academy is essential to the provision of law enforcement officer training. (T&R – 2000; CB9; 2015)
The SDML supports the provisions of SDCL 6-151 and 6-15-2, relating to unfunded mandates, and believes that any new federal or state program, fee, legislation, rule, or regulation imposed upon municipalities must be federally or state funded. (T&R – 2000; CB10)
The SDML supports repeal of state taxation on
SOUTH DAKOTA MUNICIPALITIES
SDML 2018 Statement of Policy
CB58.
CB59.
CB60.
CB61.
CB62.
fuels used by local governments. (T&R – 2003; 31)
The SDML believes that whenever possible and proper, additional local government costs should not be funded through increased real estate taxes, but through appropriate user fees or user tax systems or any other non-ad valorem revenue sources. (T&R – 2000; 33)
The SDML supports continued state and federal financing at sustained levels to local governments for projects rehabilitating and preserving water quality in South Dakota streams, rivers, lakes and aquifers. (T&R – 2000; 29) (Moved from General Policy)
The SDML supports developing an open, stronger, more cooperative working relationship with the SD Department of Revenue. (T&R – 2010; 2012) (Moved from General Policy)
The SDML supports federal funding, including the “state-side” share of the Land and Water Conservation Fund, on the condition that the state continues its practice of sharing those funds with municipalities. (T&R – 2000; 2016; 30) (Amended and moved from General Policy)
CB67. CB68.
condition. (PW – 2010) (Partially moved from General Policy)
The SDML supports the continued training and certification of landfill operators. (PW – 2000; 2004; 2010; 17) (Moved from General Policy)
The SDML opposes any changes to the Power Marketing Administrations and specifically the Western Area Power Administration which deviate from the principles of beneficiary pays and costbased rates. (PW – 2012)
Public Health and Safety CB69. The SDML believes that the main emphasis of environmental protection should be information and assistance to municipalities and education of the general public. The League urges the State and Federal Government to fully fund programs and provide technical assistance for planning and implementing programs and regulations established by state and federal laws. The League urges continued research and pilot studies in the fields of
The SDML encourages local governments to install 911 and maintain systems using the Funding Surcharge allowed by SDCL 34-45 (Emergency Reporting Telephone) and encourages legislation to increase this surcharge to fully fund the system. (PHSW – 2000; 2007; 2010; CB3)
Municipal Utilities CB63. The SDML opposes the imposition of any federal or state taxes or fees that would have an effect upon municipally owned enterprises or utilities. (T&R – 2000; 2016; 37) (Moved from General Policy)
CB64.
CB65.
CB66.
The SDML supports the rights of municipalities to establish electric utility systems to provide service within their corporate limits and adjacent urban growth areas. (PW – 2006)
The SDML opposes any legislation limiting or eliminating a municipal electric utility’s right to serve customers facilitated by annexation and/or condemnation. (PW – 2006)
The SDML encourages the state and federal government to maintain dams in a safe and usable
NOVEMBER 2017
35
SDML 2018 Statement of Policy
CB70.
CB71.
CB72.
pollution control, flood control, water and conservation, river siltation, forest management and waste management. (PHSW – 2000; CB1)
The SDML recognizes the costs associated with maintaining and training regional emergency response teams in South Dakota and supports continued funding from the State of South Dakota. (PHSW – 2006; 2007; 2010) (Amended and moved from General Policy)
The SDML supports legislation that requires that users of private telephone switches or services be provided capabilities of the same level of 911 services as is available to other residents of the jurisdiction. (PHSW – 2000; 1) (Moved from General Policy)
The SDML supports legislation that continues to maintain compliance with the Juvenile Justice and Delinquency Act of 1974 and supports legislation for funding compliance. (PHSW – 2000; 2007; 3) (Moved from General Policy)
CB73.
CB74.
CB75.
The SDML supports the right of local jurisdictions to establish firefighting standards. The SDML does not oppose fire standards such as those issued by the National Fire Protection Association (NFPA) as long as such standards allow municipalities real and substantial flexibility for the way municipalities provide fire and emergency medical services. (PHSW – 2002; 7; 2016) (Moved from General Policy)
The SDML encourages the local units of government to use the funds available from the State of SD to combat West Nile and other mosquito-borne diseases and encourages the State of SD to increase these funds. (PHSW – 2007; 2016) (Amended and moved from General Policy)
The SDML urges cities to continue weekly testing of pools and public bodies of water as previously required by the Department of Environment and Natural Resources. (PHSW – 2011; 2016) (Moved from General Policy)
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SOUTH DAKOTA MUNICIPALITIES
CB76.
CB77.
CB78.
CB79.
SDML 2018 Statement of Policy
The SDML urges municipalities to develop ordinances that establish water and energy priorities within the municipality to conserve these resources. Further, the SDML urges municipalities to develop and implement public education programs designated to encourage water and energy conservation methods. (PW – 2000; CB1)
The SDML endorses the wise use of energy and urges local officials to be able to provide adequate input into any energy management or energy standards plan or regulation that affects local government. (PW – 2000; CB2)
The SDML feels strongly that a concerted effort should be made by the state, counties, and cities of this state to eliminate traffic hazards and provide uniform traffic control devices and signing for streets and highways. (PW – 2000; CB3)
The SDML supports the Department of Environment and Natural Resources establishing water quality standards that protect public health
and the environment, but opposes EPA mandates that establish national one-size-fits-all standards that do not fit South Dakota because they are overly protective, have negligible environmental benefit, and have a dramatic economic impact to publicly owned wastewater treatment works. (PW – 2011; 2016) (Moved from General Policy) _________________________________________
1 Core Beliefs of the National League of Cities We Believe in... • Representative, participatory local government • Local government as the cornerstone of government in the United States • The value of public service • The value of diversity throughout our organization and our communities • Municipal authority over municipal issues • A commitment to the highest ethical standards among all public officials • Civility and mutual respect • Anticipating the needs of communities and developing strategies to meet those needs and improve the quality of life • Partnerships, coalitions, and collaborations to strengthen cities and our advocacy efforts
This Statement of Policy is also posted on the League’s website, www.sdmunicipalleague.org.
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We’re Nuts About Safety
By Lynn Bren, SDPAA Director of Member Services
Trips and falls, law enforcement chases, employment related decisions, playgrounds, and pools...all of things have something in common; they create risks that may be unique challenges for our Members. The South Dakota Public Assurance Alliance offers several opportunities for loss control options to help our Members navigate through these and many other risk management challenges daily.
The South Dakota Public Assurance Alliance partners with SDML Workers’ Compensation Fund to sponsor safety awards which are presented to our Members each year. 2017 Jim Fjerestad Memorial Safety Leadership Award
Prior to July 7, 2015 the award was titled the South Dakota Safety and Loss Control Award. In 2017 Jim Fjerestad was the recipient of the award. Jim was an employee with the City of Brandon, whose passion for safety and loss control spread beyond the city. Jim recognized that smaller communities would benefit from the information and advice that he was providing the employees in Brandon, and invited employees from those surrounding communities to the city’s safety and loss control meetings. The initiative taken by Jim was selfless and inspiring. Jim passed away July 7, 2015. The award was renamed the “Jim Fjerestad Memorial Safety Leadership Award” to honor the dedication shown by Mr. Fjerestad.
Thos interested in nominating someone who exhibits a strong passion for safety and loss control can do so via nominating forms which are found on the Safety Benefits, Inc. website. The time for nominations generally closes in the late summer, as the awards are given to the recipients during the annual conventions which, this year started in September 2017. There are two award winners selected each year.
One of this year’s recipients, Merl Hanson, Beadle County Highway Superintendent, was noted as “going the extra mile to assure the safety of all employees.” “Merl makes safety training of new employees a priority and is always available to listen to any and all safety concerns of employees. He welcomes ideas and encourages employees to come up with ideas to help keep their work place safe.” Merle’s talents don’t stop at being a leader in safety and loss control, he’s also known to have a potato salad recipe that is to be envied by the best. 38
(L to R) Brad Wilson, Insurance Benefits, Inc.; Jeff Lanning, Safety Benefits, Inc.; Merl Hanson, 2017 Fjerestad Award Recipient and Jerry Krambeck, South Dakota Public Assurance Alliance Member Services Representative
The second recipient of the 2017 Fjerestad Memorial Safety Leadership Award is Ben Guis, Building Inspector and Code Enforcement Officer from the City of Dell Rapids. Ben is responsible for developing an “official safety program that extends from training of both public works and office employees, to identifying safety issues, to ensuring our workers are safe.” Due to Ben’s passion for safety, the City went from receiving no loss control awards to achieving platinum status within three years and to receiving substantial cost savings due to credits and reimbursements offered through the SDPAA and SDML WC Fund safety programs.
(L to R) Brad Wilson, Insurance Benefits, Inc.; Ben Guis 2017 Fjerestad Award Recipient; Lynn Bren, South Dakota Public Assurance Alliance Director of Member Services and Doug Kirkus, Safety Benefits, Inc. SOUTH DAKOTA MUNICIPALITIES
2017 Safety and Loss Control Recognition Awards
By Lynn Bren, Director of Member Services, South Dakota Public Assurance Alliance
In addition to individual recognition, all Pool Members have the opportunity to achieve recognition via Safety and Loss Control Recognition Awards. There are four levels: bronze, silver, gold and platinum. Bronze level recognition requires Members to put into place ten safety or loss control practices such as having safety and personnel manuals and providing and attending training exercises.
Silver level recognition is achieved by completing the ten Bronze level requirements, and then nine additional requirements. The additional requirements include items such as appropriate contracts in place with vendors, and adopting the twelve critical law enforcement policies recommended b the South Dakota Public Assurance Alliance.
Members can reach Gold level by attaining the Bronze and Silver level requirements, and then six additional loss control and safety measures. The additional requirements include appointing a formal Safety Committee or appointing a Safety Coordinator, and documenting complaints from citizens and the Member’s response to the same.
Platinum level recognition is given to those Members who have achieved gold level recognition and combined threeyear loss ratio of less than 60% for the pools to which they belong. The 2017 Safety and Loss Control recognition awards at each level are as follows:
Platinum Aberdeen Huron Beadle County Hyde County Brookings Lead Brookings County Lead-Deadwood Sanitary Dist. Clay County McCook County Codington Miner Conservation District Custer Minnehaha County Custer County Mitchell Dakota Dunes Improvement Dist. Sanborn County Deadwood Vermillion Dell Rapids Volga Edmunds County Watertown NOVEMBER 2017
Fort Pierre
Watertown Municipal Utilities
Gold Lake County Aberdeen Lawrence County. Aurora Co. Highway Lead Beadle Co. Highway Lead -Deadwood Sanitary Dist. Britton Madison Brookings Marshall County Brookings County McCook Co. Highway Brown County Meade Co. Highway Clark Co. Highway Miner Conservation Dist. Clay County Mitchell Codington Co. Highway Pennington Co. Bldgs & Grnds Codington Co. Maintenance Pennington Co. Highway Custer Pierre Custer County Sanborn Co. Highway Dakota Dune Improvement Dist. Sioux Falls Davison County Spearfish Deadwood Spearfish Emergency Ambulance Dist. Dell Rapids Valley Springs DeSmet Vermillion Edmunds Co. Volga Fort Pierre Watertown Garretson Watertown Municipal Utilities Hyde Co. Highway Yankton Silver Fall River County
Lincoln County Courthouse
Bronze Baltic Moody Co. Highway Box Elder Philip Brule County Roberts Conservation Dist. Elk Point Sturgis Grant-Robertson Ambulance Dist. Wall Gregory County Walworth Co. Courthouse Hand Co. Highway Walworth Co. Highway Jerauld Co. Highway Webster Lennox Winner Lincoln Conservation Dist.
As Doug Kirkus pointed out during the Safety Awards presentation at the SDML Annual Conference, “being proactive pays.” The SDPAA offers Loss Control Surveys to all of their Members. Additionally, Members have access to sample policies and manuals, as well as online and inperson training opportunities for law enforcement and administrative employees. If you would like more information about the Loss and Safety information or training opportunities available please go to our website at www.sdpaaonline.org or call our office at 800-658-3633, Option #2. 39
Revolutionary Manufacturing Company Begins Production in Canton
With improvements in America’s aging infrastructure system in today’s headlines, the fabrication start-up of a company manufacturing a revolutionary product in Canton is welcome news.
Omega Liner, operating from the extensively remodeled former Amesbury-Fastek building on the east side of the Lincoln County seat, manufactures Cured In Place Pipe (CIPP). The product is used to line culverts, storm drains, sewer lines and other fluid-carrying infrastructure to extend the life of those lines.
The Omega CIPP is unique in the U.S. in that the liner is made from glass reinforced plastic and cured with ultraviolet light instead of the current standard felt liner cured with steam. The Omega product, made in a variety of sizes to fit specific jobs, is environmentally safer than the old liners and has a longer life span with higher pressure tolerances—up to 70 years at two million pounds per square inch—according to Omega managing director Ken Moulds.
“The new UV-cured glass reinforced plastic liner is half the thickness and four to five times stronger,” Moulds said. “There is only one other company in the U.S. doing what we are doing from start to finish, and only one other plant in the world like this one—and it is in China.”
The proprietary technology to create the resin-impregnated sleeve that becomes a strong, durable pipe liner was developed in Germany, from which the raw material to make the Omega Liner product is currently shipped. But Moulds said American companies are currently testing material that will supply the new Canton plant within the
Omega managing director Ken Moulds explains the unique process which creates the Omega glass reinforced plastic pipe liner. next month or two . The company plans to begin production with one shift of about a dozen people in the technologically advanced plant, with a goal of adding another shift in each of the next two years, reaching an employment total of about 40. CIPP made in Canton will be shipped to construction sites throughout the country, with one-day service to an approximately 500-mile radius. Moulds said that Canton was chosen as the location for the Omega plant because of the availability of the building and the assistance of state and local economic development officials in getting the company up and running fast. “South Dakota is a great state to do business in,” he said, “and throughout the permitting process everyone quickly resolved all the issues and streamlined the process. It was phenomenal.”
Moulds added that the central location and distribution advantages of Omega’s Canton production plant also made the decision easy. Now that the remodeling is completed and the manufacturing equipment is in place, Omega is ready to swing into production.
“It’s exciting for all of us to bring this technology to the U.S.,” he said. “We’re ready to get Omega Liners to job sites across the country.”
German-designed high tech production equipment at Omega Liner. 40
Reprinted with permission from County Perspectives, the publication of the Lincoln and Minnehaha County Economic Development Associations. SOUTH DAKOTA MUNICIPALITIES
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Lyft Takes Steps to Come to City of Sioux Falls
The ride-hailing company Lyft is taking the necessary steps to operate in Sioux Falls! The company recently was issued a state sales tax license and is working with the City’s licensing office on a transportation network company license.
Lyft is a transportation networking company (TNC) that operates in more than 300 cities nationwide, completing more than 28 million rides per month. Riders must download the Lyft mobile app to their smartphone to connect with Lyft drivers.
“I am absolutely thrilled that Lyft has taken the first necessary steps to operate in our city,” says City Council Vice Chair Christine Erickson. “Having a nationally recognized ride-sharing company such as Lyft will not only benefit our citizens, but also enhance our economic development efforts.”
A team of City and State officials, as well as resident Greg LaFollette, have been working for months to attract Lyft to the city. Lyft is expected to launch operations in Sioux Falls as soon as they can recruit enough drivers. It’s possible that could be as early as spring 2018.
“This benefits Sioux Falls in so many ways. Whether it be a ride home after a concert, a trip to the doctor’s office, or a business meeting that you need to get to after flying into Sioux Falls, travel just got easier, cheaper, and safer with this quality-of-life and economic development win,” says Mayor Mike Huether.
In 2015, the Sioux Falls City Council passed an ordinance that changed licensing requirements to allow transportation network companies to operate in Sioux Falls. In 2016, the South Dakota State Legislature approved a measure that changed insurance laws to allow companies like Lyft to operate in the state. For more information about Lyft, go to www.lyft.com.
Is the DOL’s Overtime Rule Under Obama Dead? By: Aaron Clark
In our last newsletter, we reported that the Department of Labor (DOL) abandoned its position that would have resulted in doubling the overtime salary threshold under the Fair Labor Standards Act (FLSA) from $23,660 to $47,476. This came after the new overtime rule was blocked by a federal district court in Texas.
You may recall that in November 2016, a federal judge in Texas granted an injunction blocking the overtime rule from taking effect but had not officially declared it to be invalid. Although the case was pending appeal with the Fifth Circuit Court of Appeals, the district court still retained jurisdiction to determine whether the Obama overtime rule exceeded the authority granted to the DOL. The Texas court has now officially invalidated the overtime rule on the basis that the new salary threshold is so high that there would no longer be a need to analyze an employee’s job duties to qualify for an exemption. The DOL has dropped the appeal and the litigation between the DOL and various states and business groups is officially over. Thus, the DOL’s overtime rule under Obama is dead and the status quo continues with a salary level at $455 per week/$23,660 per year.
The question that the Texas court danced around is whether the DOL even possessed the authority to determine the salary level for overtime exemptions. Although the district court judge invalidated the overtime rule because the salary level set by the DOL was too high, he was careful not to conclude that the DOL lacked authority to utilize a salary level test. The judge’s decision and the end of the litigation seem to pave the way for the Trump DOL to craft new rules to address the ongoing issues and concerns relating to overtime exemptions. As we reported earlier, the DOL issued a Request for Information (RFI) to the public seeking comments, data and information on the appropriate salary level for exempt employees. The deadline to submit comments expired on September 25, 2017 and there have been more than 160,000 comments submitted!
It is now up to the Trump DOL to develop a new rule after analyzing all of the feedback received in response to the RFI. The timing of such a proposal is still uncertain. Based on the scope of the questions contained in the RFI, the next set of rules published by the DOL will likely address the “duties test” for various exemptions as well as a new salary level. Statements from the Secretary of Labor, Alexander Acosta, indicate that the Trump DOL will likely support a salary level in the low-tomid $30,000 range. NOVEMBER 2017
43
By Chris Hill, Director of Municipal Electric Services
Vermillion
See Red? Vermillion is home of Monty Munkvold’s favorite teams. He loves the University of South Dakota Coyotes and he loves Vermillion. However, Monty may be getting sick of red colored vehicles. Monty Munkvold began as the Electrical Superintendent for the City of Vermillion just before the 2016 SDML Annual Conference, which means he has been the Electrical Superintendent about the same amount of time that I have been with SDMEA.
five years and Monty and the crew are looking forward to the remote disconnect. Being a college town, annually they have around 300 disconnects and re-connects in the month of May alone!
Monty also informed me that they are working on a new substation just to the north of Vermillion. He said that the city will be looped and the substation should be completed in March 2018.
Site of the new Substation
Monty has been with the City of Vermillion for 31 years. He began as an apprentice and has been working in the Electrical Department ever since. In Monty’s tenure the City of Vermillion has converted to nearly 100% underground lines. All of the primary is currently underground. They are also about half done converting all street lights to LED. Vermillion Municipal Utilities is also working on installing a new Automated Metering Infrastructure (AMI) and will be going with Eaton as their vendor. The project is expected to be completed in about 44
Vermillion has a total of 10 employees in the electrical department with one electrical contractor on staff. Karen Harris is the Operations Manager of the department. I had a great time visiting with Monty and look forward to returning to Vermillion next spring to see the completed substation! Monty’s enthusiasm for his city made it easy to see why his HOMETOWN is great!
On a side note, Monty was asked to attend the Missouri River Energy Services Smart Grid meeting in September to discuss the process of working with Eaton on their AMI installation. Core and Main (formally HD Supply) SOUTH DAKOTA MUNICIPALITIES
presented at the South Dakota Municipal Electric Annual Meeting and discussed the benefits of AMI.
L to R: Karen Harris, Todd halverson, Matt Nelson, Austin Anderson, Chad Christopherson, Brandon Steeneck, Phil Weibellhaus, Andrew Eiden, Monty Munkvold and Travis Tarr.
The SDML Annual Conference was another great way to discuss the future of the electrical industry and meet with our peers in the field. I strongly encourage anyone who can attend to do so. It is a beneficial time for everyone from Electrical Superintendents, to Mayors and Council Members. The SDMEA Annual Meeting is always the first Wednesday of the conference, so if you are unable to attend the whole conference, the SDMEA would appreciate your participation for a few hours!
Equipment for the new substation
Questions? Comments? Contact me at 605-7705299 or Chris@sdmunicipalleague.org. NOVEMBER 2017
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Is Your Website Accessible to People with Disabilities?1
By Claire Silverman, Legal Counsel, League of Wisconsin Municipalities
Local governments are increasingly finding that municipal web sites are a cost-effective and efficient way to make information available to the public 24-7 without the direct assistance of government personnel. Not surprisingly, as municipalities have expanded the content of their web sites, the public has come to appreciate and rely on municipal web sites as a time-saving and convenient way to, among other things, access meeting calendars, agendas and minutes; obtain information about community events and resources; apply for or renew licenses; print forms; sign up for programs and services; and pay amounts owed to the municipality (e.g., taxes, utility bills, library fines, parking tickets, permit fees, etc.). As municipalities continue to develop, expand and improve municipal web sites, it’s important that they ensure that those web sites are accessible to those with disabilities. Why is Website Accessibility Important? According to a 2015 study done by the Centers for Disease
Control and Prevention, one out of every five adults in the United States has a disability.2 Making sure this sizeable population has equal access to services and programs provided by the government is the right thing to do and is legally required. Ensuring web sites are accessible is mandated under Title II of the Americans With Disabilities Act (ADA) and, for government entities that receive federal funding, the Rehabilitation Act of 1973, which require that states and local governments provide qualified individuals with disabilities equal access to their programs, services and activities unless doing so would fundamentally alter the nature of their programs.3 In addition to Title II’s requirements, municipal employers must be cognizant of Title I of the ADA, which prohibits discrimination in employment. Among other things, Title I prohibits employers, including State and local governments, from discriminating against qualified individuals with disabilities in job application procedures. Thus, municipalities using websites to disseminate information about available positions and/or allow persons to apply online, must ensure that information and procedures used are accessible to persons with disabilities.
Local government entities can meet these requirements by ensuring government websites have accessible features or by providing an alternative accessible way for citizens to access the information and services provided on the web site (e.g., a staffed telephone line). However, given the nature of the internet which allows 24-7 access, a wide range of options and programs and unrivaled speed, it is unlikely that alternative methods will provide disabled persons an equal degree of access.
What Standards Govern Website Accessibility? Currently, there are no specific published technical requirements under the ADA that define how the ADA applies to the Internet or set website accessibility standards. In July 2010, the U.S. Department of Justice (DOJ or Department) issued an Advanced Notice of Proposed Rulemaking (ANPRM) relating to Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities4 and solicited and received comments. Four years later, DOJ submitted that Notice to the federal Office of Management and Budget but withdrew it in April 2016 and contemporaneously issued a Supplemental Advance Notice of Proposed Rulemaking on the same topic. DOJ noted that rulemaking addressing Web accessibility requirements was a “high priority” for 46
SOUTH DAKOTA MUNICIPALITIES
the Department and stated its belief that adopting technical standards clarifying how to make a Website accessible is crucial to achieving the ADA’s mandate. DOJ was considering WCAG 2.0 Level AA5 as the accessibility standard and considering alternative requirements for small entities. Although it was widely anticipated that a Final Rule would be issued in 2018 which would be effective 2 years after publication, that seems unlikely in the wake of President Trump’s Executive Order titled “Reducing Regulation and Controlling Regulatory Costs,” which requires that two regulations be erased for every new one enacted, and that any costs associated with new regulations be offset by the costs saved from the eliminated ones.
Although it is now unlikely that DOJ will issue a Final Rule in 2018, experts anticipating the rule were suggesting that web sites conform to WCAG 2.0 Level AA, the guideline being considered by DOJ.
Some Common Barriers to Website Accessibility and Suggested Solutions DOJ’s Best Practices ADA Toolkit for State and Local Governments6 explains that poorly designed websites can create unnecessary barriers for people with disabilities in the same way that poorly designed buildings prevent some people with disabilities from entering. Website designers who assume that everyone sees and accesses a webpage in the same way can create access problems. Accessible website design recognizes differences and does not require people to see, hear, or use a standard mouse in order to access information and services provided.
read a computer display often use assistive technologies to access information displayed on a web page. Two commonly used technologies are screen readers and refreshable Braille displays. A screen reader is a computer program that speaks the text that appears on the computer display, beginning in the top-left corner. A refreshable Braille display is an electronic device that translates text into Braille characters that can be read by touch. These assistive technologies can only read text. They cannot translate images into speech or Braille, even if words appear in the images. These technologies are unable to interpret photographs, charts, color-coded information or other graphic elements on a webpage.
The solution to this problem is to add a text equivalent to every image or graphic. Adding a line of simple HTML7 code to provide text for each image and graphic will enable a user with vision disability to understand what it is. HTML “tags” are commonly used. An “alt” tag is used for brief amounts of text while a “longdesc” tag is used for adding larger text descriptions. The words in the tag should provide a text equivalent of the image. Problem: Documents are not posted in an accessible format.
Many people with disabilities use assistive technology that enables them to use computers. Some assistive technology involves separate computer programs or devices such as screen readers, text enlargement software, and computer programs that enable people to control the computer with their voice. Other assistive technology is built into computer operating systems. Examples include the ability to adjust color schemes, contrast settings and font sizes, which allow people with low vision to see computer displays, as well as operating systems that enable people with limited manual dexterity to move the mouse pointer by using keystrokes instead of a standard mouse.
According to the ADA Tool Kit, here are some of the most common problems that impair accessibility as well as a solution to the problem:
Problem: Images without text equivalents. Solution: Add a Text Equivalent to Every Image Blind people and those with disabilities affecting ability to NOVEMBER 2017
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Solution: Post documents in a text-based format. Sometimes documents posted on web sites as PDFs are not accessible to blind people who use screen readers and people with low vision who use text enlargement programs or different color and font settings to read computer displays. The solution is if posting PDFs, always provide documents in an alternative text-based format such as HTML or RTF (Rich Text Format) in addition to PDF. Text-based formats are the most compatible with assistive technologies.
Problem: Colors and font sizes are specified. Solution: Don’t dictate colors and font settings. Websites should be designed so they can be viewed with the color and font sizes set in users’ web browsers and operating systems. Users with low vision must be able to specify the text and background colors as well as the font sizes needed to see webpage content.
Problem: Videos and other multimedia lack accessible features. Solution: Include audio descriptions and captions. Video and other types of multimedia can present two distinct problems for people with different disabilities. People who are deaf or hard of hearing may be unable to hear the audio track of a video, and persons who are blind or have low vision may be able to hear the audio but not see the video. Therefore, it is necessary to include audio descriptions and captions so that the content is fully accessible.
Other considerations when developing websites:8 ● Include a “skip navigation” link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content; ● Minimize blinking, flashing, or other distracting feature or, if they must be included, ensure that users can
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pause or stop moving, blinking or auto-updating objects or pages; ● Design online forms to include descriptive HTML tags that provide persons with disabilities the information they need to complete and submit the forms; ● Include visual notification and transcripts if sounds automatically play; ● Provide a second, static copy of pages that autorefresh or require a timed response; ● Use titles, context, and other heading structures to help users navigate complex pages or elements (such as webpages that use frames).
Suggested Action Steps for Achieving Accessibility9 The following is a list of action steps that municipalities can take to ensure that their website – and the programs and services offered on it – are accessible to people with disabilities.
● Establish a policy that your webpages will be accessible and create a process for implementation. ● Check the HTML of all new webpages. Make sure that accessible elements are used, including “alt” tags, long descriptions, and captions, as needed. ● Ensure that webpages are designed in a way that allows them to be displayed using a visitor’s own settings for color and fonts. ● If images (e.g., photos, graphics, scanned images, or image maps) are used, make sure to include text equivalents for them, using “alt” tags and/or long descriptions for each. Ensure that the text equivalents convey the meaningful information presented visually by the image. ● If you use online forms and tables, make those elements accessible. ● Ensure that videos appearing on your website include appropriately synchronized audio description and captions.
SOUTH DAKOTA MUNICIPALITIES
● When posting new documents on the website, always provide them in HTML or another text-based format (even if you are also providing them in another format, such as PDF). If documents are provided in both formats, provide both formats at the same time so people with disabilities have the same degree of access as others. ● Develop a plan for making your existing web content accessible, including specific steps and timeframes. Describe your plan on an accessible webpage that can be easily located from your home page. Encourage input on accessibility improvements, including which pages should be given high priority for change. Let citizens know about the standards or guidelines that are being used to provide accessibility. Prioritize making the more popular webpages on your website accessible. ● Ensure that in-house staff and contractors responsible for webpages and webpage content development are properly trained on your web accessibility policy and procedures. ● Provide a way for visitors to request accessible information or services and provide feedback about accessibility problems by posting a telephone number and email address on your home page. Establish procedures to assure a quick response to people with disabilities who use this contact information to access web-based information or services. ● Periodically enlist people with a variety of disabilities to test your webpages for accessibility and ease of use; use this information to increase your website accessibility. ● Consider using one of the no-cost or low-cost resources available on the Internet to test the accessibility of your website. (Please note, however, that these products may not identify all accessibility problems on your website.) ● Ensure that alternative means are available for people with disabilities who are unable to use computers to
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access information, programs, and services that are normally provided on your website. 1 This Legal Comment relies in large part on information provided in Chapter 5 of the ADA Best Practices Tool Kit for State and Local Governments (May 2007), available at https://www.ada.gov/pcatoolkit/toolkitmain.htm. 2 https://www.cdc.gov/media/releases/2015/p0730-usdisability.html. 3 28 C.F.R. secs. 35.149, 35.164. This is Title II of the ADA. 4 See Department of Justice Advanced Notice of Proposed Rulemaking (ANPRM) relating to Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities (July 26, 2010), submitted to Office of Management and Budget for review pursuant to Executive Order on July 9, 2014, and withdrawn on April 29, 2016 when DOJ contemporaneously issued a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) titled Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities. 5 WCAG stands for Web Content Accessibility Guidelines which are developed by the World Wide Web Consortium’s Web Accessibility Initiative. 6 This Tool Kit can be accessed at https://www.ada.gov/pcatoolkit/toolkitmain.htm. 7 HTML stands for “hyper-text mark-up language and is a common mark-up language used to present webpages. 8 These considerations are taken from Chapter 5 of the ADA Best Practices Tool Kit for State and Local Governments (May 2007), available at https://www.ada.gov/pcatoolkit/toolkitmain.htm. 9 These action steps are taken directly from Chapter 5 of the ADA Best Practices Tool Kit for State and Local Governments (May 2007), available at https://www.ada.gov/pcatoolkit/toolkitmain.htm.
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SOUTH DAKOTA MUNICIPALITIES
2020 Census Local Update of Census Addresses Operation (LUCA)
What is LUCA? LUCA is the only opportunity offered to tribal, state, and local governments to review and comment on the U.S. Census Bureau’s residential address list for their jurisdiction prior to the 2020 Census. The Census Bureau relies on a complete and accurate address list to reach every living quarters and associated population for inclusion in the Census. An accurate and complete census helps governments plan for future infrastructure, program and service needs. Why participate in LUCA? • To help ensure an accurate decennial census count in your community.
• To help the federal government distribute more than $400 billion in funds annually for infrastructure, programs, and services. • To help your community plan for future needs.
Who can participate in LUCA? Active, functioning, legal governments can participate in LUCA. These include: • Federally recognized tribes with a reservation and/or off-reservation trust lands. • States. • Counties. • Cities (incorporated places). • Townships (minor civil divisions).
If you are unable to participate in LUCA, you may designate an alternate reviewer for your government, such as your county, state data center, or regional planning agency.
Other LUCA milestones and information can be found in the 2020 Census detailed LUCA Information Guide.
Schedule • January 2017: Advance notification of LUCA mailed to the highest elected official (HEO) or Tribal Chairperson (TC) of all eligible governments and other LUCA contacts. • March 2017: LUCA promotional workshops begin.
• July 2017: Invitation letter and registration forms mailed to the HEO or TC of all eligible governments.
• October 2017: Training workshops begin. Selftraining aids and Webinars will be available online at the LUCA Web site. • February2018: Participation materials mailed to registered participants. Participants have 120 calendar days from the receipt of materials to complete their review.
• August 2019: Feedback materials offered to participants with the results of Address Canvassing.
• April 1, 2020: Census Day.
For more information about LUCA, call 1-844-344-0169, e-mail us at GEO.2020.LUCA@census.gov, or visit our Web site at www.census.gov/geo/partnerships/luca.html
LUCA Participation The deadline to register for LUCA is December 15, 2017. All LUCA participants receive: • A complete census address list for their jurisdiction to review and update. • A list that contains the Census Bureau’s count of residential addresses for each census block within their government for reference. • Census Bureau maps.
Promotional workshops are underway, and starting in October, training workshops will offer “hands-on” experience using the LUCA materials. Self-training aids and webinars will also be available through the LUCA website. Beginning in February 2018, registered participants will receive materials to review the Census Bureau’s address list for their jurisdiction, and they will have 120 days to return their updates to the Census Bureau. NOVEMBER 2017
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Risk-Sharing
matching grant to assist our membership in purchasing a Stryker Power-PRO™ ambulance cot or a Stryker StairPRO® stair chair. The Stryker Power-LOAD™ system is also available and set up to pay 33% of the list price.
SDML Workers’ Compensation Fund Expands Stryker Grant Program for 2018
For 8 years the SDML Workers’ Compensation Fund has offered two grant programs to its members. Because these grant programs promote safety for our members, the SDML Workers’ Compensation Fund Board of Trustees approved both grant programs for the 2018 year on a first come first serve basis until the grant funds are exhausted. In 2017, the Stryker EMS grant was expanded to include the Stryker Power-LOAD™ system to allow more members the opportunity to apply for the grant. The Stryker EMS grant program includes a 60/40
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The intent of this grant program is to provide a safer workplace for the EMT’s, firefighters, police officers, and all local government employees that assist their ambulance services to provide emergency transfer of patients. Over the past 8 years the SDML WC Fund has awarded 70 grants to our members that total over $168,000. Congratulations to the 11 grant recipients in 2017 listed below: • White Ambulance Service/City of White • Lemmon-LEMTA/Perkins County • Burke Ambulance Service/City of Burke • Hurley Ambulance/Hurley Volunteer Fire Dept. • Aberdeen Fire & Rescue/City of Aberdeen • Elkton Community Ambulance Svc/City of Elkton • Estelline Ambulance Service/City of Estelline • Deuel County Ambulance Service • Moody County Ambulance Service • Faith Ambulance Service/City of Faith • Missouri Valley Ambulance District
The second grant is in partnership with Stan Houston Equipment to assist members with the purchase of an ICS® Saw Package. The ICS® saw is very beneficial in reducing
SOUTH DAKOTA MUNICIPALITIES
the risk of injury during activities that require the use of a chop saw, particularly to cut and repair broken water pipes in a confined space. Thirty-four grants that total over $39,000 have been awarded to our members. Congratulation to the 34 grant recipients listed below:
• • • • • • • • • • • • • • • • •
Beresford Box Elder Buffalo Burke Colman Custer Deadwood Dell Rapids Edgemont Elk Point Faulkton Flandreau Gregory Groton Huron Lead Marion
• • • • • • • • • • • • • • • • •
Mission Mitchell New Underwood Onida Parker Parkston Philip Pierre Redfield Rosholt Sturgis Wagner Watertown Webster Woonsocket Winner Yankton
Eligibility for these grants is very simple. The applicant must be a member of the SDML WC Fund as of the date of the grant application and in the year the grant is awarded. Also, the member must meet several selection criteria, including compliance with loss control safety recommendations for every department of the member. The complete list of selection criteria is outlined in the application.
The SDML Workers’ Compensation Fund has always stressed the importance of using safety equipment and following safety procedures. There are many components to a successful safety program, beginning with leadership direction and support, which then flows to the supervisors and employees. We look forward to more participation in these programs and the reduction of injuries to your employees.
These grant programs continue to be very popular. The 2017 grant funds were awarded in record time, so if you are considering applying for a grant, we encourage you to send your application before the grant funds are exhausted. The 2018 grant period will open and applications will be accepted beginning January 1, 2018.
If you have any questions or would like an application, please contact Brad Wilson, Ladene Bachtell or Gary Drewes at Insurance Benefits, Inc. Email: info@sdmlwcfund.com or Phone: 800-233-9073. The 2018 application will also available on our website at www.sdmlwcfund.com on December 1, 2017. Brad Wilson, Administrator, CIC, AIC, SDWCS SDML Workers’ Compensation Fund Phone: 800-233-9073, Fax: 605-275-6193 info@sdmlwcfund.com www.sdmlwcfund.com NOVEMBER 2017
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Washington Report: By Rep. Kristi Noem
Trust in government is at an all-time low – and who could blame folks? Fraud, mismanagement, and abuse are rampant within government agencies. Taxpayer dollars are too often misspent by bureaucrats. And many people aren’t given basic courtesies when they interact with some federal employees. We need accountability in government – and I mean real, genuine accountability.
A few weeks ago, after speaking to the Watertown Rotary, a local radio commentator summarized my remarks like this: “If you don’t like the IRS, it probably doesn’t compare to Rep. Kristi Noem’s disgust with the agency.” It’s true – and the agency’s lack of accountability has a lot to do with that disgust. This should be a “service first” agency, but customer service at the IRS is appalling. During 2015, only 38 percent of callers could reach an IRS representative. Meanwhile, they targeted conservative groups and wasted millions of dollars on conferences and “Star Trek” parody videos.
Through the House, we’ve passed legislation to prevent the IRS from targeting taxpayers for political gain. We’ve passed a Taxpayer Bill of Rights. And we’ve passed legislation I wrote to stop the IRS from rehiring employees who have already been fired for misconduct. Unfortunately, Senate Democrats and President Obama blocked much of this agenda from moving forward.
Thankfully, we turned a new leaf with President Trump’s election. Alongside the previously mentioned reforms, one
Real, Genuine Accountability
of the best ways to hold the IRS accountable is by drastically reducing its role. By simplifying the tax code, we’re hopeful most Americans’ tax returns could fit on a postcard once tax reform goes through. That leaves little room for the IRS to take advantage of hardworking South Dakotans.
But I have a problem with federal agencies beyond the IRS too. Today, a wanted felon can evade prosecution for months – even years – and yet somehow still receive a check from the Social Security Administration every 30 days or so. Let’s be clear: taxpayers shouldn’t be asked to make payments to people who are running from the law. Period.
I’ve introduced legislation to stop these payments, which passed the House earlier this fall. This is not simply a fairness issue either. Staci Ackerman, the Executive Director for the South Dakota Sheriffs’ Association points out: “This bill will also limit [wanted felons and parole violators’] ability to avoid justice using taxpayer dollars to evade capture.” On top of it all, the legislation is estimated to save more than $2 billion.
I’ve also introduced legislation to bring greater integrity to the Temporary Assistance for Needy Families (TANF) program, which is the country’s primary assistance program for low-income individuals and families. Today’s program often perpetuates poverty, rather than opportunity. With my legislation, we realign TANF with its core mission: offering upward mobility and the opportunity for greater financial independence to hardworking Americans. Additionally, I’m fighting to make sure the Indian Health Service (IHS) is held responsible for the care it delivers. Whether it’s a drug testing program for employees or strengthening fiscal accountability measures, greater accountability will better keep the IHS focused on serving tribal communities.
I’ve also voted to expand whistleblower protections within the VA and streamline the process required to fire any VA employee, reforms President Trump signed into law. All of this only scratches the surface of what’s being done, which highlights just how broken the federal government is. As we continue to work toward fixing agencies across the board, I encourage you to reach out to my office if you need assistance with the IRS, VA, Social Security, or any other federal bureaucracy. We can help you navigate the process and, when necessary, hold them directly accountable on your behalf.
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SOUTH DAKOTA MUNICIPALITIES
Hometown Happenings
April 18 - December 17 Barley to Barrel: Science and History of Brewing in South Dakota Brookings October 21 - January 7, 2018 2017 Pheasant Hunting Season
November 17 - January 7, 2018 Winter Wonderland Sioux Falls November 21 - December 26 Christmas at the Capitol Pierre
November 24 - December 16 1880 Train Holiday Express Spiked! Hill City November 24 - December 23 1880 Train Holiday Express Hill City December 1-2 Festival of Trees Lead
Strawbale Winery Twilight Flights 2017 Renner December 1 HOT 93.1 Ugly Sweater Skate Party Rapid City December 2 Breakfast with Santa Sioux Falls
Christmas Stroll & Holidazzle Parade Spearfish Custer Christmas Parade Custer
Frontier Christmas Lake City Holiday High Tea Spearfish
Black Hills Cowboy Christmas Lead
December 14-16 Strawbale Winery Twilight Flights 2017 Renner December 15 - March 31 South Dakota snowmobile trails season Lead
December 15 HOT 93.1 Lights on the Ice Teen Night Rapid City
Jazz Sessions: A Green Dolphin Jazzy Christmas Concert Spearfish
December 15-17 Sioux Empire Wacipi Sioux Falls December 16 Breakfast with Santa Watertown December 23 Skates and a Movie Rapid City
December 31 HOT 93.1 Downtown Countdown Rapid City For details on each event visit www.travelsouthdakota.com.
December 2-3 Aberdeen Living Christmas Aberdeen
December 7-9 Strawbale Winery Twilight Flights 2017 Renner December 9 Madison Chamber Day with Santa Madison 56
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CLASSIFIEDS
CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is November 14 for the December 2017 issue. Email ads to sara@sdmunicipalleague.org or fax to 605224-8655. Visit www.sdmunicipalleague.org for more classifieds.
ASSISTANT FINANCE OFFICER: Watertown, SD Minimum qualifications are a Bachelor’s degree in accounting, finance or a closely related field from an accredited college or university and one to three (1-3) years of supervisory experience and experience working with the public or an equivalent combination of education or experience; a solid understanding of computer applications including spreadsheets and word processing, and some experience with accounting practices and financial report preoperation is required; a candidate for this position is required to have a valid driver’s license; CPA certification desirable and must establish residency within 35 miles of the Watertown Regional Airport terminal within six months of hire date. Application forms
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and complete position description are available at City Hall Finance Office or online www.watertowsd.us/jobs. Application materials must be received in the Human Resources Coordinator’s office at City Hall no later than 5:00 p.m., Friday, November 3, 2017, to be considered for this position. EOE.
CHIEF OF POLICE: Brookings, SD - The City of Brookings is seeking an experienced, committed law enforcement professional with a high level of ethics, integrity and proven leadership skills to serve as its new Chief of Police. Located in an ideal setting, Brookings is the county seat and home to South Dakota State University. The city operates under a home rule charter CouncilManager form of Government with an elected Mayor and six (6) city council members. Position supervises 48 FT employees and total annual budget of $4.5 M. Bachelor’s degree in Criminal Justice or related field required. Master’s degree and Advanced Law Enforcement Training are preferred. Candidate should possess at least 10 years of progressive responsible experience in law enforcement including management/command level experience of at least five (5) years preferred. Previous experience in Police Administration in municipal setting desired. Salary range is $84,223 to $113,705 DOQ. Excellent benefit package. Open until filled. City of Brookings, PO Box 270,
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Brookings, SD 57006. dlangland@cityofbrookings.org EOE.
MAINTENANCE SUPERVISOR: Plankinton, SD Work areas include, but are not limited to water, sewer, streets, snow removal, rubble/landfill site(s), pool, cemetery, parks, ball fields. A valid SD driver’s license is required, with a Class B CDL obtainable within 60 days. Mechanical ability, knowledge and experience with all types of equipment are desired. Applications and job description are available at the City Finance Office. Completed applications need to be submitted or postmarked by November 10, 2017. Class I Water Distribution, Class I Water Collection Wastewater Certifications, Certified Spraying (G,4,7,9) need to be obtained within 60 days of hire. Salary is negotiable depending on experience. For more information contact the City of Plankinton at (605) 942-7767 or email finance@plankinton.com. WATER/WASTEWATER PLANT & ENGINEERING SUPERVISOR: Brookings, SD - This position is responsible for overseeing the utilities engineering department and the water and wastewater treatment facilities operations. This includes performing engineering analysis, design, and construction
management for utility projects. The ideal candidate will possess an engineering degree or a combination of education and experience in the engineering and/or water and wastewater treatment fields. Brookings Municipal Utilities offers a great work environment, competitive salary and benefits package. Salary range for this position is dependent on qualifications and experience. See website for complete description. If interested, please submit an online application and professional resume by visiting www.brookingsutilities.com. Questions may be directed to: Human Resources, Brookings Municipal Utilities, Phone: 605-692-632, Email : HR@swiftelbmu.com. EOE. FOR SALE: Brookings, SD - 1997 Tandem Axle Dump Truck. Interested buyers may find detailed information at https://www.public surplus.com/sms/auction.
FOR SALE: Eureka, SD - Snow-Ex sander, Model VMaxx 8500, poly-vinyl hopper with hydraulic hoses. On steel frame for truck mounting. Sold as is. Contact the City of Eureka at 605-284-2441. Visit www.sdmunicipalleague.org for more classifieds.
Statement of Ownership
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Municipal Calendar S
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November 2017 T W T 1 2 7 8 9 14 15 16 21 23 23 28 29 30
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December 2017 T W T F 1 5 6 7 8 12 13 14 15 19 20 21 22 26 27 28 29
November
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No later than November 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600)
No later than November 1 – The special assessment roll for all assessments payable under the Plan One option must be delivered to the county auditor. (SDCL 9-43-105; See Hdbk., sec. 12.160)
No later than November 1 – Delinquent special assessment installments which are payable under the Plan Two option must be certified to the county auditor. (SDCL 9-43-106; See Hdbk., sec. 12.160)
November 1 – All property subject to taxation shall be listed and assessed annually, but the value of such property is to be determined according to its value on the first day of November preceding the assessment. (SDCL 10-6-2; See Hdbk., sec. 12.105)
First Tuesday after the first Monday in November – The general election is held each even numbered year. (SDCL 12-2-2)
November 11 – Veterans’ Day – State holiday (SDCL 1-51)
No later than second Tuesday in November – Governing boards wishing to consolidate boards of equalization must
approve a resolution outlining consolidated board membership. (SDCL 10-11-66; See Hdbk., sec. 12.120) Fourth Thursday of November – Thanksgiving Day – State holiday (SDCL 1-5-1)
Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172)
December
December 25 – Christmas Day – State holiday (SDCL 15-1)
December 31 – Liquor licenses are valid from twelve o’clock midnight on the thirty-first day of December until twelve o’clock midnight on the thirty-first day of the following December. (SDCL 35-4-41; See Hdbk., sec. 11.465) By January 14 – If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 913-1; See Hdbk., sec. 7.050)
First meeting of the year – A complete list of all the salaries for all officers and employees of the municipal corporation shall be published with the minutes of the first meeting following the beginning of the fiscal year or within 30 days thereafter. Added salaries of new employees and increased salaries of the old employees should be shown in the month in which they occur. A total of payroll by department shall be published monthly in the minutes. (SDCL 6-1-10; See Hdbk., sec. 5.095)
Newspaper designation – The official newspaper must be designated annually or for a period of time specified by the governing body, but not to be less than twelve months. (SDCL 9-12-6)
Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172) 62
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