Issuu

6RXWK 'DNRWD

081,&,3$/,7,(6 7KH 0DJD]LQH RI WKH 6RXWK 'DNRWD 0XQLFLSDO /HDJXH 'HFHPEHU 9ROXPH 1XPEHU

,Q WKLV LVVXH

Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

PRESIDENT Pauline Sumption Finance Officer, Rapid City

1st VICE PRESIDENT Debbie Houseman Finance Officer, Lake Andes 2nd VICE PRESIDENT Steve Allender Mayor, Rapid City

TRUSTEES Fay Bueno Finance Officer, Sturgis

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

Dist. 2 - Paullyn Carey Finance Director, Huron Dist. 3 - Dawn Murphy Finance Officer, Tea

Dist. 4 - Becky Brunsing Finance Officer, Wagner Dist. 5 - Renae Phinney President, Ree Heights

Karl Alberts Finance Officer, Aberdeen

Dist. 6 - Leland Treichel Mayor, Roscoe

Christine Erickson Councilmember, Sioux Falls

Dist. 8 - Harry Weller Mayor, Kadoka

Carolynn Anderson Finance Officer, Wall

Amy Leon City Manager, Yankton

PAST PRESIDENT Mike Wendland City Administrator/Economic Development Director, Baltic

Dist. 7 - Arnold Schott Mayor, McLaughlin

Dist. 9 - Laurie Woodward Finance Officer, Custer

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: David Pfeifle 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

Features

Contents

2019 Annual Report Workshops . . . . . . . . . . . . . . . . . .6 Comprehensive Challenge Grant . . . . . . . . . . . . . . . . .7

SDML Affiliate Membership Options . . . . . . . . . . . . . .8

Municipal Election Resources on SDML Website . . .12 2019 Municipal Election Calendar . . . . . . . . . . . . . . .14

Train That Stress Right Out of Your Life! . . . . . . . . . .16 Rib Dinner Registration . . . . . . . . . . . . . . . . . . . . . . . .17 Turbiville Left Long ,Lasting Legacy in Deadwood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

State of South Dakota Reaches Settlement in Remote Seller Litigation . . . . . . . . . . . . . . . . . . . . .21 New Direction for Homeless Services in South Dakota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

SDMEA Hometown Power: 2018 Wrap up . . . . . . . .26 Supreme Court Agrees to Decide Enormous Cross Case . . . . . . . . . . . . . . . . . . . . . . . . .29

State of South Dakota FY2017 Citizen's Financial Report . . . . . . . . . . . . . . . . . . . . .30 The Morning After (Election Day) . . . . . . . . . . . . . .34

AG Opinion: Competitive bidding requirements for water tower painting and maintenance . . . . . . . . .36

Strengthening American Trade in Agriculture . . . . . . .42

Columns

Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .44 Washington Report: Senator Rounds . . . . . . . . . . . . .46

In Every Issue

SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . .5 Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .48 Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .53

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.

DECEMBER 2018

VOLUME 85, NUMBER 6

Director's Notes Someone once said, “There are three kinds of lies: lies, damned lies, and statistics.” The latter applies to a muchcited study of integrity in the various states. South Dakota received an ‘F’ in this study, coming in 49th in the U.S.

Illinois, which has had 6 Governor’s jailed (one impeached and removed from office), came in 10th and received a grade of “C.”

Why? Because when you look at the number of ethics laws on the books, South Dakota doesn’t have as many.

and 5 of the 10 largest employers in the state are governmental in nature. How many of your friends and family work for a school district, a city, a county, or some branch of state government? Pretty good guys, aren’t they?

And that has been my experience through many years of dealing with, and working for, public servants. They are good people. They go to work in the morning, do their best at the job they are assigned, and go home to their families, their local sports teams, their volunteer efforts, and their church activities.

Should we ever stop being vigilant and alert to potential fraud and abuse? No. Should we be transparent and religiously follow our principles of open government and citizen involvement? Of course. But the approach to these issues cannot start with a false premise or it discredits all efforts.

What a study like this cannot measure is our culture. We are a clean state, with very little corruption, because our The defeat of W should not mean we stop looking for ways to culture is one of honesty and improve our state and the way our fair dealing. It probably helps governments operate. But I hope that we all know each other. We it can be the end of name-calling, Should we ever stop being vigilant follow the laws we do have, and false assumptions, and the idea we have our own internal codes that we start the conversation and alert to potential fraud and of ethics that mean by and large, with a negative view of abuse? No. Should we be we do not lie, cheat, and steal. government and public service. transparent and religiously follow Not even our politicians. our principles of open government Our long history deserves better Heaven knows I like a parade as – recognition that overall, we and citizen involvement? Of much as the next guy, but is operate on the up-and-up, but as course. But the approach to these there ever going to be a time humans make mistakes. We issues cannot start with a false when we stop letting the need to be able to spot the national dialogue infect our premise or it discredits all efforts. mistakes without throwing out perfectly reasonable state, and all of the good our government stop hopping on every officials and employees get bandwagon that passes by? done every single day.

The recently (and thankfully) defeated Amendment W is one example of this. The roots of this were in IM22, which passed on the ballot 4 years ago, was repealed and partially replaced 3 years ago, and which Amendment W attempted to make permanent, and more offensive, this year. But the real roots of this go much deeper. Several years ago, the dialogue in South Dakota turned to a real anti-government tone, one which enforces the notion that all tax dollars are essentially stolen from the citizens and used to line the pockets of venal elected officials and lazy, self-serving government employees. This thought has often been peddled by the people running for office, especially the state legislature.

We’ll soon be enjoying our Christmas and New Year’s activities, and marveling once again at how fast time flies. We wish you all the blessings of the Season as you continue with your own great public service to your cities and towns. Until next month, remember we are always available at 1800-658-3633 or yvonne@sdmunicipalleague.org. We wish you all the blessings of the season. Yvonne Taylor Executive Director

That is quite a thought process in a state where more than 11% of our employment is for a government of some kind, 4

SOUTH DAKOTA MUNICIPALITIES

President's Report

It’s so hard to believe that we are now on a fast-track to the holiday season! It is during this time that I really start reflecting on what I am thankful for, the blessings that I have in my life and goals that I want to accomplish in the next year. With the passing of Mayor Chuck Turbiville, it all hits home a little harder than normal, though. I didn’t know Chuck well but what I DID know was that he was a good man and a friend of the SDML – a voice of reason at the legislature – and his loss will be felt throughout the state. I give my sincerest sympathies to his family and the entire Deadwood community.

My parents…Over Thanksgiving weekend, we celebrated my mom and dad’s 50th wedding anniversary – it’s not until almost Christmas time but we still celebrated and honored them. I am not only thankful for them but also blessed BY them in a multitude of ways. I’m a pretty lucky gal…

And my kids…oh my goodness. While they sometimes drive me crazy, I am a blessed mama to those four. Not sure what I’d do without them – and THANKFUL that I got to spend Thanksgiving weekend with them, especially the college kiddos because I haven’t seen them since August.

My friends and other loved ones…they are my sanity in a world sometimes full of chaos (most times lately). I don’t know what I would do without them other than go completely mad.

My coworkers and community…I look around and see all of the wonderful things that folks are stepping out and stepping up to do and I am truly amazed. Fork Real Café in Rapid City is just one of those amazing things. Ordinary people doing the extraordinary by opening up a “pay-what-you-can” café. It’s been beautiful to watch. If you want more information on this, check out their webpage http://www.forkrealcafe.org/. And if you’re ever

in town and want to try something new, their food is simply DELICIOUS! Blessed…thankful…Yes, I definitely am.

Merry Christmas to all of you! I hope you are taking time out of your busy lives to focus on your blessings, remembering what you are thankful for and reflecting on all of your gifts, not only those you receive but also what you give. YOU are blessings to your communities – whether the citizens realize it right now or not – YOU are blessings, and I am thankful for you! Pauline

Keep on top of what goes on under the Dome Subscribe to the SDML’s Legislative Update.

The SDML’s Legislative Update informs you on the hottest issues affecting municipalities as the South Dakota Legislature considers them. Each week League staff compiles an analysis of current and upcoming committee and floor action in the Senate and House.

As local leaders, you need to be a part of the action in Pierre. The Legislative Update helps get you there.

As you know, decisions in Pierre are made at a fast and furious pace, and the Update gives you a grasp of issues affecting how you govern on the local level.

Updates are issued throughout the session on a weekly or as needed basis, via fax, mail or email. Email is free, including an unlimited number of addresses to each city.

To receive the Legislative Update via email contact Yvonne at yvonne@sdmunicipalleague.org and be sure to follow us on Facebook and Twitter for up to the minute updates. To get the Update sent to you by mail or fax please send $10 along with a request (include your mailing address, phone number or fax number) to: SDML, 208 Island Drive, Fort Pierre, SD 57532.

DECEMBER 2018

2019 Annual Report Workshops The South Dakota Municipal League and the South Dakota Department of Legislative Audit are co-sponsoring one-day workshops on preparing this year’s annual report. Remember, annual reports are required to be filed by ALL municipalities.

The workshops are brought to you free of charge and will be conducted by the staff of the Department of Legislative Audit. Finance officers, clerks, auditors and treasurers should plan to attend.

The workshops will provide guidance on all types of annual report forms. If you have questions on which workshop you should attend please call Rod Fortin with Legislative Audit at 605-367-5810. Please bring your current or previous year's annual report to use as reference material along with any questions you may have. Large Cities (Cash Basis): those with $600,000 or more in revenue. Fort Pierre: Wednesday, January 9, 2019, 11:00am-3:00pm, SD Municipal League Building, 208 Island Drive. *Working lunch by ordering pizza in.

Large Cities (GAAP basis): those with $600,000 or more in revenue. Fort Pierre: Thursday, January 10, 2019, 11:00am-3:00pm, SD Municipal League Building, 208 Island Drive. *Working lunch by ordering pizza in Small Cities: those with less than $600,000 in revenue • Mitchell: Wednesday, January 16, 2019, Noon-3:00pm, Blarney's Sports Bar & Grill, 2100 Highland Way *Lunch on your own. Feel free to come early for lunch at Blarney's if your schedule permits. Meeting begins at noon. Reservation is under MUNICIPAL LEAGUE. •

Aberdeen: Wednesday, January 23, 2019, Noon-3:00pm, County Court House, Community Room, Basement Annex, 25 Market Street *Lunch on your own. Reservation is under MUNICIPAL LEAGUE. DEADLINE for Registration is one WEEK PRIOR to each meeting.

Notes: If the weather looks bad, call 605-367-5810 or 605-224-8654 to determine if the seminar has been postponed. Please do not take any driving risks. Dress is business casual. Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the League office in advance of the meeting to make any necessary arrangements.

Annual Report Workshops Registration

Municipality_____________________________________________________________________________ Name

Title

_________________________________

___________________________ ______________________________

_________________________________

_________________________________ Check One:

____Fort Pierre January 9

___________________________ ______________________________

____Fort Pierre January 10

____Mitchell January 16

____Aberdeen January 23

Register online at: https://www.eventbrite.com/e/2019-annual-report-workshops-tickets-51226671353 OR Please return to: South Dakota Municipal League, 208 Island Drive, Fort Pierre, SD 57532, Fax: 605-224-8655 email: lisa@sdmunicipalleague.org, website: www.sdmunicipalleague.org

Urban & Community Forestry Comprehensive Challenge Grant

Through the Urban & Community Forestry Program, the SD Department of Agriculture Resource Conservation and Forestry Division has provided financial assistance to our communities each year since 1991. A portion of the division’s annual allocation of Urban and Community Forestry Assistance funds from the US Forest Service is awarded to communities in the form of Challenge grants. These grants are used to fund community forestry projects that solve a specific community forestry problem or demonstrate the importance of trees in our communities. The community or service organization must match challenge grants.

The Division has developed the challenge grant program to require increased commitment and effort from a community. The criteria for the challenge grants are outlined below in highest to lowest priority:

1. Professional Services — ($5,000) 2. Tree Inventory/Assessment — ($5,000) 3. Existing Tree Care & Maintenance — ($1,000) (An applicant may receive a maximum of $1,000 per year for existing tree care and maintenance.) 4. Education/Training — ($5,000)

5. New Tree Planting — ($1,000) (An applicant may receive a maximum of $1,000 per year for new tree plantings.) 6. Other Activities — ($5,000)

Grants have a maximum limit of $5,000. The required match may be met through volunteer labor, donated and/or purchased supplies, or actual cash expenditures.

Grant applications will be accepted at any time during the year. For the application forms and more information visit sdda.sd.gov/conservation-forestry/grants-loans/communityforestry-challenge-grants/ or contact the SDDA Resource Conservation and Forestry Division. Contact Information: Division of Resource Conservation & Forestry South Dakota Department of Agriculture Phone: 605-773-3623, Toll-Free: 800-228-5254 Email: SDRCF@state.sd.us

EN G I N EER I N G ■ SU RVE YI N G ■ PL AN NI NG ■ DE SIG N SNYDER-ASSOCIATES.COM

DECEMBER 2018

SDML Affiliate Membership Options

Ten affiliate organizations enjoy the advantage of being members of the South Dakota Municipal League. These organizations receive SDML staff support and hold their meetings at the League’s Annual Conference and many of the affiliate groups meet at other times during the year. Visit www.sdmunicipalleague.org/sdmlevents for a listing of all the events. Dues notices for the Affiliates were recently sent to each city office and can be found under the Affiliate Organizations tab at www.sdmunicipalleague.org or by calling the League office at 800-658-3633. Affiliate membership options include:

SD Airport Management Association • The purpose of this association shall be to foster the planning, development, use and operation of public airports in the State of South Dakota; • To assist its membership in resolving problems though mutual experiences in airport operations; and • In cooperation with the South Dakota Municipal League, to take an active part in legislation that may affect public airports in the State of South Dakota. • ANNUAL DUES of the association are $25 per city; Associate membership is $50/person. SD Municipal Attorneys’ Association • The purpose of this association is to establish a forum by which municipalities may promote matters of mutual interest and provide a closer working relationship in municipal government and administration by the following means: Holding meetings for the discussion of legal and

other questions affecting municipal governments; The furnishing of information to municipal law officers and departments in order to enable them to better to perform their functions; and - Studying legislation, court decisions and administrative rulings relating to the public interest of municipalities. ANNUAL DUES of the association are $35 for each city represented that is over 5,000 population and $20 for each city that is under 5,000 population. -

•

SD Building Officials’ Association • The purpose of the association shall be the consideration of principles and practices underlying the laws and ordinances relative to the construction, maintenance and occupancy of buildings, use of land, and methods of uniform administration; and • To develop requirements and regulations pertaining to training of building officials and administration officers. • ANNUAL DUES of the association are as follows: - Governmental Membership (GM) is $50.00; each additional Governmental Individual (GI) membership is $5.00. • Governmental Members shall be a designated individual, usually the building official, of a government agency (state, county or municipal), which is responsible for the enforcement or administration of laws and ordinances relating to building construction. • Governmental Individual Members shall be additional employees of governmental agencies which are responsible for the enforcement, or administration of laws and ordinances relating to building construction.

Tomor o rrow

In nves vesting in infrastructure is an inves vestment in

> Streets > Se ewer > Drainage > Water > Airports > GIS > Electrical Power

Sioux Falls, SD 605-339-4157

Trusted. Prroffessional.. Solutions. 8

Yankt a on, SD 605-665-2002

dgr.com

SOUTH DAKOTA MUNICIPALITIES

Professional Membership (PM) is $50.00; each additional Professional Individual (PI) membership is $10.00. • Professional Member shall be a designated individual of a firm, incorporated or unincorporated, engaged in the practice of architecture, engineering, inspection, research, testing or related activities. • Professional Individual Member shall be additional employees of professional firms that practice architecture, engineering, inspection, research, testing or related activities. Annual Associate Membership (AM) is $25.00. • Associate Member shall be a representative of firms or corporations of commercial and industrial concerns engaged in the sale, manufacture or processing of materials and assemblies.

SD City Management Association The purpose of this association shall be to increase the proficiency of Managers and Administrators of local governments; To strengthen the quality of local government through

professional management; To encourage and support the precepts of the Council/Manager plan; To maintain the high ethical standards of the profession of City Management; and To provide opportunities to enhance the professional development of its members. ANNUAL DUES of the association are as follows: - Full membership is $150 per person. • Full Members: Any person who is a City Manager or Administrator, or an assistant to City Manager or Administrator of a South Dakota City shall be eligible for full membership in the Association. - Associate membership is $75 per person. • Associate Members: Persons holding responsible administrative positions in South Dakota cities and other persons who are interested in the objectives of the Association shall be eligible for associate membership. - Student membership is $15 per person. • Student Members: Any person currently enrolled full or part-time in a graduate or undergraduate program with an interest in local government.

When you have a p project on the horizon...

THINK CLARK ENGINEERING

With 80 years of experience, you can have peace of mind knowing we will be there guiding you every step e of the way from the feasibility study, through the consttruction phase, to wrapping up with a warranty inspection. Here today. Here tomorrow. Learn more at Clark-eng.com DECEMBER 2018

YEARS

SD Association of Code Enforcement The purpose of this association is to operate, without profit to the Association, or its members, as a state association to advance, educate and improve efforts of state, county, city and other political subdivision employees who are actively involved with and responsible for the enforcement of housing, municipal, county, state or federal codes without regard to race, creed, color, national origin, or sex; • To encourage professionalism with regard to the standardization of enforcement of environmental and housing codes; and • To supply and advance the science and practice of code enforcement through certification and to provide training workshops, seminars and conferences facilitating and advancing the administration of the various codes with which the Association is concerned. • ANNUAL DUES of the association are $40 per city. SD Municipal Electric Association The South Dakota Municipal Electric Association, formed in 1950, serves member municipalities that provide electricity to approximately 100,000 South Dakotans.

The Annual Meeting is held each October during the Municipal League Annual Conference.

The Electric Superintendent-Foreman Conference is held each March in Watertown.

SD Governmental Finance Officers’ Association • The purpose of this association is to establish a forum by which cities and towns may promote matters of mutual interest and provide a closer working relationship that there may be improvement in municipal government and administration; • To promote the improvement of methods of governmental finance in South Dakota including the development of mutually understandable procedures of accounting, budgeting, and financial reporting; and the encouragement of the use of common terminology, classification, and principles in regard to those subjects; and • To take an active part in legislation that may affect municipalities of the state through the South Dakota Municipal League. • ANNUAL DUES of the association are $40 for the first person and $30 for each additional person of the same city.

www.bannerass a ociates.com

SOUTH DAKOTA MUNICIPALITIES

SD Governmental Human Resource Association • The purpose of this association is to advance the profession of human resource management in governmental entities by promoting matters of mutual interest and providing a closer working relationship so that there may be improvement in government and administration; and • To promote the improvement of all aspects dealing with Human Resources in South Dakota through information sharing and consolidated training with a special emphasis on assisting smaller communities and to take an active part in legislation that may affect the governmental entities of the state through the South Dakota Municipal League. • ANNUAL DUES of the association are $25 per person. SD Police Chiefs’ Association • The purpose of this association shall be of an educational, scientific, benevolent, fraternal and charitable nature and to develop a closer official and personal relationship between the various law enforcement officials of the State of South Dakota. • To maintain a steadfast resolution to guard the rights, liberties, and welfare of all citizens; • To foster any project which will help bring law enforcement officials recognition as professionals, to increase the efficiency of the member, of aiding in the improvement of the laws of the State of South Dakota and demanding the enforcement of the same; and • To encourage the members to attain a high degree of skill and efficiency in law enforcement work, thereby advancing the standards of all enforcement officers. • ANNUAL DUES of the association, for Chiefs and Assistant Chiefs, are determined by a formula that takes into account population in addition to a base of $95. Please call the League office for the actual dues amount for your city. Command Staff and Associate membership is $25 per person.

SD Municipal Street Maintenance Association • The purpose of this association is to provide education and instruction for municipal street maintenance workers and to assist in meeting their goals through encouragement and friendly exchange of knowledge and experience among its members. • ANNUAL DUES of the association are $35 per city.

For more information visit the Affiliate Organizations tab at www.sdmunicipalleague.org.

DECEMBER 2018

Municipal Election Resources on SDML Website

The following Municipal Election Resources can be found on the SDML website at www.sdmunicipalleague.org and by clicking on the Library tab, then Elections.

petitions, availability of absentee ballots and other election related timelines.

5. How to Circulate a Nominating Petition- This document, created by the Secretary of State’s Office, provides specific guidelines on timeframes, circulator requirements, signer requirements and filing requirements.

1. Election Resources - This is a link to the Secretary of State's website that contains resources such as the current Election Code, Election Worker Training Powerpoint, Election Day Precinct Manual and more.

6. Candidate Nominating Petition Requirements Checklist- This document, created by the Secretary of State’s Office, provides a checklist for the Finance Officer to reference, when validating a nomination petition, to ensure all sections are completed correctly.

2. Municipal Election Resources - This is a quick link to the Secretary of State’s website that contains many resources including the Election Calendar, Initiative and Referendum information, Petitions and more.

3. 4.

Election School Powerpoint Presentation- This link is to the most recent powerpoint presentation from each year’s Election School.

7. What Happens If No One Files a Petition? – This document provides information regarding recent changes in statute regarding the process for appointment of elected officials in the event of a vacancy.

2018 Municipal Election Calendar- The calendar will help keep you on track regarding all deadlines for publication of election notices as well as timelines for circulation and receipt of

8. Municipal Elections Handbook- Updated annually, this document provides information, in laymen’s terms, about the State Statutes and Administrative Rules related to conducting an election. It has a frequently asked questions section that is particularly helpful in addressing common issues that arise in municipal elections as well as a collection of all necessary Election Notices and Forms. 9. Municipal Initiative and Referendum- This document, created by the Secretary of State’s Office, provides a step-by-step guideline for those wanting to file an Initiative or Referendum Petition with their governing body.

!"#$%&'(&)*$+,'-'.$/!0"+1$*$"+$+,' 2+$*34'5)/*34'6&/7$8&4'-'9+3*)%%)*$"+' !

"#$%&'!!()*+,-)*.*++/! 0$11.23&&'!!4.-//.5/6./+7)! 89:;1'!!<:1&<=>?3$@9;%%&<$?:AB$9! ! !! !!!

!!!!!

!!!!!!

4+6//!C&%;?#!DE&!F!G!F?&!4/-!G!HI3%<E;11&J!KL!!**776! MMMA>?3$@9;%%&<$?:AB$9!

SOUTH DAKOTA MUNICIPALITIES

10. Municipal Recall Election Guidelines- This document, created by the Secretary of State’s Office, provides information regarding publication of notices, petition circulation and filing timeframes, and ballot information for a Recall Election. 11. Election Worker Training Powerpoint- This is a quick link to the PowerPoint created by the Secretary of State’s Office to use for training Precinct Workers on Election Day responsibilities.

12. Election Day Precinct Manual - This is a quick link to the Secretary of State’s document that goes through all information needed on Election Day. 13. Election Code Book- This is a quick link to the Secretary of State’s Election Code Book that spells out all South Dakota Codified Law and Administrative Rules of South Dakota that govern Elections in the state. This document is updated anytime there is a change. 14. Poll Watcher Guidelines- This document, created by the Secretary of State’s Office, provides information for those wanting to be poll watchers on Election Day. 15. Polling Place Voter Key- This document, created by the Secretary of State’s Office, provides a flow chart for Election Workers and others to use as they determine voter eligibility.

16. Voter Registration Forms- This is a quick link to the Secretary of State’s Office website that

provides information to the user on how and where to register to vote in South Dakota as well as a Registration Form to download. The site also provides information to public Agencies who assist people with voter registration.

17. Guidelines for Absentee Voting Process- This document, created by the Secretary of State’s Office, provides information on the process that a municipality must follow to implement the Absentee voting process.

18. Absentee Ballot Log (Sample)- This document provides a template to use for an Absentee Ballot Log. 19. Elections Supplies List (Sample) - This document provides a good list to start from for creating your own Election Day supplies list.

20. Election Day Checklist for Municipal Election Board (Sample) – This document provides a good list to start from for creating your own Election Day Checklist for setting up the actual voting site, organizing election workers, and processing ballots. 21. Oath of Office- This is a sample oath to use for elected or appointed municipal officials.

22. Recount Manual- This is a quick link to the document, created by the Secretary of State’s Office, to provide information regarding procedures to follow in the event that a recount is either requested via petition or required by law.

CIVIL ENGINEERING & LAND L SURVEYING SERVICES

infrastructure noun in·fra·struc·ture the underlying foundation, framework and structures tha at are needed for a country, region, or organization to function n properly.

IT’S WHAT T WE DO.

1111 N. LAKE AVENUE SIOUX FALLS, SD

20 S. MAPLE E WATERTOWN, SD D

605-271-5527 605-8 78-2120 0 InfrastructureDG.com m

STRUCTURAL ENGINEERING / MUNICIP PAL AL ENGINEERING / TRANSPOR T TATION ENGINEERING & PLANNING / W WA ATER RESOURCES SITE DEVELOPMENT / CONSTRUCTION OBSERVA ATION A T TION / PARKS & RECREATION ATION / LAND SUR SURVEYING VEYING

DECEMBER 2018

2019 MUNICIPAL ELECTION CALENDAR The dates to the right are the only date options for annual municipal elections. There are no other date options. The school may request to combine with you on any of these dates.

APRIL 9 Second Tuesday in April (a school may combine with you on this date)

JUNE 4 First Tuesday after the first Monday in June (may combine with School)

JUNE 18 Must combine with the school on the third Tuesday in June

Deadline for the governing board to establish the election date if they choose a different date than the 2nd Tuesday in April. (9-13-1 & 9-13-1.1 & 9-13-1.2 & 13.7-10)

No later than January 14

Publish notice of vacancies and time and place for filing petitions each week for two consecutive weeks. (9-13-6, 9-13-40 & 05:02:04:06 & 13-7-5) NOTE: confirm that all notices have been received and published by the paper (ask for a confirmation email)

Between the dates of January 15th and 30th

Between the dates of Feb. 15th and March 1st

Between the dates of March 15th and 30th

Earliest date to begin petition circulation and earliest date to file nominating petition. (9-13-9, 9-13-40, 9-13-37, 13-7-6; ARSD 05:02:08:13 and 05:02:08:11)

January 25th

March 1st

April 9th

Feb. 22nd 5:00 pm

March 26th 5:00 pm

May 10th 5:00 pm

Feb. 22nd 5:00 pm

March 26th 5:00 pm

May 10th 5:00 pm

Within 15 days of filing nominating petition Order so you receive before absentee voting begins Draw after petition filing deadline

Anytime

Between the dates of March 4th and 8th Between the dates of March 11th and 15th March 25th by 5:00 pm

Between the dates of April 29th and May 3rd Between the dates of May 6th and 10th May 20th by 5:00 pm

Deadline for filing nominating petition. If this is a Friday, please plan accordingly to be available to accept petitions. Registered mail is acceptable if postmarked by the deadline date and time. (9-13-7, 9-13-40, 9-13-37, 13-7-6) Deadline for submission of written request to withdraw candidate's name from nomination. If you will not have an election, you DO NOT have to publish anything further or notify our office. (9-13-7.1, 13-7-7 & 05:02:07:05) Remember to issue certificates of election. See page 2 for more info. Deadline for Candidates, in first class municipalities only, to file the Candidate Financial Interest Statement with the person in charge of the election (12-25-30). A sample form can be found at sdsos.gov. Have you ordered your election kit? McLeodâ€™s Printing in Mitchell (605-996-5151) is the only company in SD that sells election kits. Check to see if you need to order absentee ballot combined envelopes (05:02:10:01.03). Once you know you have an election, drawing for candidate order on the ballot needs to be conducted. Each candidate may be present. (9-13-21) Donâ€™t forget to have your governing board appoint your Election Board. (9-13-16.1 & 05:02:05:11.01) You may use high school seniors (must be 18 years old) (13-27-6.1) Compensation for election board (9-13-16.1) First publication of voter registration notice. Must be published for two consecutive weeks. (12-4-5.2 & 05:02:04:04) Second publication of voter registration notice. The last publication to be not less than ten nor more than fifteen days before the deadline for registration (12-4-5.2 & 05:02:04:04) Deadline for voter registration. (12-4-5) South Dakota Secretary of State

Between the dates of May 13th and 17th Between the dates of May 20th and 24th June 3rd by 5:00 pm

last updated August 27, 2018

SOUTH DAKOTA MUNICIPALITIES

Absentee ballots must be made available no later than 15 days prior to the election (9-13-21). Sample ballots must be printed on yellow paper and we encourage you to put the word SAMPLE on the sample ballot. The paper ballot form can be found at 05:02:06:12. The optical scan ballot can be found at 05:02:06:10.

March 25th

May 20th

June 3rd

Publish notice of election that needs to be published each week for two consecutive weeks. First publication must be at least 10 days before the election. (9-13-13 & 05:02:04:08)

Weeks of March 25th and April 1st

Weeks of May 20th and May 27th

Weeks of June 3rd and June 10th

Week of April 1st

Week of May 27th

Week of June 10th

Conduct test anytime between March 30 – April 8 April 8th by 5:00 pm

Conduct test anytime between May 25th – June 3rd June 3rd by 5:00 pm

Conduct test anytime between June 8th – 17th June 17th by 5:00 pm

APRIL 9

JUNE 4

JUNE 18

until 3:00 pm

APRIL 9

JUNE 4

JUNE 18

April 16th

June 11th

June 25th

Within 2 days after canvass

Publish facsimile ballot in the calendar week before the election. The calendar week falls from the Monday to the Saturday of the week prior to the Tuesday of Election Day. (9-13-13 & 12-16-16.2 talks about the size for publication) If using optical scan ballots: Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment. Notice of the test, must be published at least 48 hours prior to the test. (12-17B-5 & 05:02:09:01.01) Deadline for a voter to absentee vote in-person. A voter, who is confined due to sickness or disability, may request an absentee ballot via authorized messenger until 3:00 pm the day of the election. The ballot must be returned to you in time for your or your staff to get it to the proper polling location by 7:00 pm. ELECTION DAY. Polls open 7:00 am to 7:00 pm (9-13-1, 13-7-10). The person in charge of the election MUST BE AVAILABLE from 7:00 am until the ballots have been counted and all election materials and supplies have been returned. Deadline for official canvass. (9-13-24) Issue certificates of election. (9-13-5 & 9-13-28; 05:02:15:08 & 05:02:15:09)

In a first class municipality, an official must file an Elected Official Financial Interest Within 15 Within 15 Within 15 Statement (3-1A-4). NOTE: as of July 1, 2017, these must be filed annually per days of days of days of 3-1A-4. The financial interest statement is filed with the person in charge of the taking oath taking oath taking oath election and a sample form can be found at sdsos.gov. of office of office of office Oaths of Office: There is nothing in Administrative rule that outlines the form/wording of an oath of office. Please work with your (city or school, depending on which calendar) attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Reference SDCL 9-14-5 for qualifying for office. Note: If the municipal election is combined with a school election on a date other than the 2nd Tuesday in April, all dates follow SDCL 13-7 (except when combined with the county for a primary election). When combining, make sure to have a written agreement with the other jurisdiction determining who is responsible and who is paying for each election process. Ballot color for combined elections: If combining, one ballot must be white, and the other jurisdiction will use a contrasting color (do not use yellow as that is the color for sample ballots). ARSD 05:02:06:18 Notify County Auditor: Contact your county auditor when you know you will have an election and ask if he/she can be available from 7:00 am to 7:00 pm on that date to answer questions regarding voter registration. (SDCL 7-7-2) Missed Election Notices: We do encourage any jurisdiction that misses a publication to try to get it published and post the notice around their jurisdiction. The notice would still be considered late and the election could still be challenged. Make sure to contact your city attorney if you miss a notice. If you intend to check the registration status of the candidate and/or petition signers (you are not required by law to do this), you must do it for all petitions and all signers, go to: http://cityandschoollookup.sdsos.gov/Login.aspx . If you forgot your username and password, or never had one, contact the Secretary of State’s Election Team and we will provide one to you. Contact a member of the Secretary of State’s Election Team with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov . Click on Elections and Voting then the City/School Resources button. First Class Municipalities: Aberdeen, Belle Fourche, Box Elder, Brandon, Brookings, Harrisburg, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown and Yankton. Home Rule Municipalities: Aberdeen, Beresford, Brookings, Elk Point, Faith, Ft. Pierre, Pierre, Sioux Falls, Springfield and Watertown. South Dakota Secretary of State

DECEMBER 2018

last updated August 27, 2018

Train That Stress Right Out of Your Life!

By Lynn Bren, AIC SCLA SDPAA Director of Member Services

The 2018 Joint Safety Conference has come to a close, and as a representative of one of the hosting entities, I must say that I am absolutely delighted at the turn out; not only the turnout in number of attendees but also the absolutely amazing speakers that were invited to present. From personal excellence to the ultimate personal sacrifice; drugs to telematics there were topics to interest most everyone. Being a part of the planning committee for the Joint Safety Conference was not only a privilege, but an honor. However, being one of those responsible for the success or failure of the conference is also quite stressful. Budgets, agendas, fresh topics and speakers to fit the needs of all the people we were hoping to reach… all of these carried with them a new and distinct level of stress.

The Joint Conference is over for this year, but the stress of the conference will be replaced with a new stress; a new task that needs to be accomplished, a quote for new coverage, a question on a contract. People have deadline stresses all the time, the question is, how does their ability to cope with stress impact your entity? And, as a follow up, how can you help teach them how to manage and deal with their stress.

The American Psychological Association has published an article which discusses that stress can have negative effects on all the different systems of the physical body. And we certainly don’t need a medical professional to tell us that stress takes an emotional toll as well. We have all experienced stressful situations. The key is how we manage stress, whether it is to avoid it or process it. As employers, we can help our employees by providing them the tools and education to address workplace stressors, and this information can be carried on to the home life as well. Employees who are given training on stress management, and the tools to help with that stress management will be better equipped to handle the upcoming impending doom

that is ‘yearend’, the influx of in-laws because of the holiday season, the water main break or the employee who walked out.

Our opening keynote speaker for the joint conference was Mr. Randy Anderson of E3 Professional Trainers. While Mr. Anderson’s presentation at our conference focused on pursuing personal excellence and perfecting the skill of communication, Mr. Anderson’s website, www.e3professionaltrainers.com provides tools that can help manage stress. Mr. Anderson’s website provides tools that will help you budget your time, or help you become a better leader. Use of some of these tools can help employees plan out their day, and organize tasks in a manner where they won’t seem so overwhelming and unattainable. By using a time budgeting worksheet, tasks can be laid out and prioritized; new tasks can be added so that nothing is missed or forgotten.

The SDPAA is also proud to offer its Members access to online training through First Net Learning. First Net Learning has online video training which addresses stress management, and the impact stress can have on a person’s ability to properly do their job. By teaching our employees how to first recognize, and then manage stress, both at home and the workplace, we can help those employees succeed, which then furthers the success of your entity. As an employer, if you can teach your employees how to manage stress, and give them the tools and support to do so, they will apply these skills to all areas of their life. Once they are able to effectively manage stress, they will be able to be more productive both at home and at work. With balance can come happiness and efficiency, which in turn will make for a more pleasant work environment.

The SDPAA is eager to offer a variety of training opportunities and options to our Members. Already a Member and need help locating the appropriate training materials? Looking to be a Member so that you too can enjoy access to the variety of training materials and opportunities? Call the SDPAA at 800-658-3633 Option 2, or visit us online at www.sdpaaonline.org.

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 16

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 SOUTH DAKOTA MUNICIPALITIES

RIB DINNER WITH YOUR LEGISLATORS Mayors, councilmembers, finance officers and all municipal employees, please join us Tuesday, February 5, 2019 for an informal rib dinner with your state legislators. The dinner will be held at Drifters Bar & Grille in Fort Pierre beginning at 6:00 p.m. CST. Prior to dinner, a legislative briefing will be held to update you on discussion topics and on the committee meetings for Wednesday, February 6, 2019.

MUNICIPAL GOVERNMENT DAY AT THE LEGISLATURE Wednesday, February 6, 2019 will be Municipal Government Day at the Legislature. This is the day all municipal officials are invited to Pierre to watch the Legislature in action. Tuesday, February 5, 2019

Wednesday, February 6, 2019

5 to 6:00 p.m.

Registration Drifters Bar & Grille, Fort Pierre

5:30 p.m.

Legislative Briefing Drifters Bar & Grille, Fort Pierre

7:45 a.m. to Noon Legislative Committee Meetings Various Committee Rooms in the State Capitol Building (Registration packets available at the Rib Dinner will have the details.)

6:00 p.m.

Rib Dinner Drifters Bar & Grille, Fort Pierre

Please return the registration form with payment by Tuesday, January 22, 2019. We need to know how many will be attending so that we may plan for the meal accordingly. No refunds will be given after January 22, 2019. A block of rooms has been reserved at the Holiday Inn Express in Fort Pierre (605-223-9045) for Tuesday, February 5, 2018 (room block release date is January 15, 2019). Room rate is $119.99 single/double plus tax. Be sure to mention the SDML block when making your reservations. Individuals needing assistance, pursuant to the Americans with Disabilities Act should contact the League office in advance of the meeting to make any necessary arrangements.

REGISTRATION FORM February 5-6, 2019 Âž Please TYPE OR PRINT your information as you would like it to appear on the name tag. Municipality Represented: _______________________________________________ Name

Title

Rib Dinner $30

TOTAL AMOUNT ENCLOSED: $ Register Online: https://www.eventbrite.com/e/2019-legislative-rib-dinner-tickets-51756060771 OR South Dakota Municipal League Return Registration and Payment by January 22nd to: 208 Island Drive *No Refunds after January 22, 2019 Fort Pierre, SD 57532 *Payment Must Accompany Registration

Amount Paid

Turbiville Left a Long, Lasting Legacy in Deadwood

By T.D. Griffith, Journal Correspondent

In major metropolitan areas, a hundred deaths in a day can go virtually unnoticed. In a small town such as Deadwood, where neighbors wave hello, plant flowers together each spring and gather every Wednesday night for burger night at the VFW, a single death can leave a hole in the collective heart.

Such was the case with last Saturday’s untimely passing of Mayor Chuck Turbiville, a man who quietly spent a lifetime in service to his country, to his state and to his adopted town of Deadwood. He was 75.

In a tiny community of roughly 1,000 residents, which hosts some 2 million visitors each year, the grapevine supplied me with news of Chuck's death just hours after police performed a welfare check and found him alone and dead at his house a block off Main Street. On Monday, every resident of the Northern Hills received a postcard from Turbiville, asking for their vote in his re-

election bid for the state House of Representatives. Mailed before his death, it was nonetheless a timely reminder of our late mayor's long-standing contributions to his constituents - a decorated Vietnam combat vet who served a decade in the state Legislature, another 10 years with the South Dakota Housing Authority, 16 years with the Governor's Office of Economic Development, 15 years as Director of Deadwood-Lead Economic Development, eight years with Tourism and 14 years on the board of the Deadwood Chamber of Commerce.

As head of the local economic development agency, Turbiville helped dozens of businesses become a reality. Some succeeded, others failed. But Turbiville knew that without some effort and entrepreneurial mentorship, and at times a bit of financial assistance, the spirit of free enterprise would wither and die on the vine. Major Improvements In his time as mayor, a stint that began in 2013, Deadwood witnessed the transformation of U.S. Highway 85, the southern gateway to town on which half of Deadwood's

QUALITY WATER T WASTEWATER TREATMENT

SUSTAINABLE ROADS

WATER RESOURCEES

INTERACTIVE GIS

IT MA ATT TERS. TERS To us, your project isn isn’tt a job - it’s it s an opportunity to make a positive impact, protect otect future generations, and ensure the vitality of w where we live and work. It matters.

Providing engineering g and related services to help clients achieve success. Advanced Engineering a and Environmental Services, Inc. South Dakota Offices: Rapid City, Sioux Falls, Spearfish

www.ae2s.com

SOUTH DAKOTA MUNICIPALITIES

visitors arrive. That included widening, curbs and gutters, sidewalks, period lighting and the new Pluma Stage Stop Park along the Mickelson Trail, new trolley stops, burying of overhead lines and reinvented welcoming signs to the tourist town.

But there were other major projects completed under Turbiville's leadership, including major upgrades to the Days of '76 Event Complex, a new $7 million visitor information center, a revamped park dedicated to Martha Bullock, wife of the town's first marshal, and a new Powerhouse Park and trail tracing Deadwood's past.

Papa Chuck Few knew of Turbiville's compassion for children and his heartfelt support, even when it didn't mean a press opportunity and his name in the local newspaper.

"He was seemingly on every board in the Northern Hills that had an impact on children," said Dave Ruth, who was appointed Wednesday to fill out Chuck's term as mayor. "He had a hand in helping them all from CASA to the Boys & Girls Club, just to name a couple."

In fact, Turbiville would dedicate all proceeds from serving as an officiant at weddings to his Mayor's Fund, which in turn was used to assist local youth who otherwise would not be able to attend camps, buy shoes, school

supplies or even lunch.

The compassion led to the mayor's nickname - Papa Chuck - and a bevy of smile from those less fortunate.

Governor's support A few hours after Ruth was appointed mayor on Wednesday, Deadwood-Lead Economic Development received a letter from Gov. Dennis Daugaard, committing an additional $1.7 million to the town's Main Street Initiative. The state's total $2 million in matching funds will help the Deadwood Historic Preservation Commission and local business groups realize the dream of a Deadwood Commons similar to Rapid City's Main Street Square, a project that has been on the drawing board for more than two years and which Turbiville promoted. In honor of the long-time legislator's contributions, Gov. Daugaard has requested that flags throughout South Dakota be flown at half-staff from 8 a.m. to sunset on Monday, October 29, to honor his life on the day of his funeral. Man and mentor Newly appointed Mayor Ruth still seemed a bit stunned Thursday when asked about his rise to the top of

6DUD 5DQNLQ VDUD DECEMBER 2018

Deadwood's municipal government. But, Ruth said both he and the late mayor recognized that one day Ruth would run for the office.

"I always had aspirations of eventually running for mayor, but not to achieve the mayorship in this fashion," said the 47-year-old table games manager for a Deadwood casino. "It's humbling, a big trust to have thrust onto your shoulders. Chuck was my mentor and realized he couldn't be mayor forever and that someday, I would run for that position." Ruth said his mentor taught him much about governance, chiefly to listen and consider both sides of an issue before making a decision.

"I've got some big shoes to fill," Ruth said. "I know Deadwood has lost a true leader and a good friend. Foremost, Deadwood has lost a public servant, someone who put community first, above and beyond himself." District 31 Rep. Tim Johns, who served with Turbiville in the state Legislature, said Thursday that South Dakota also had lost an effective legislator.

"Chuck prided himself in service," said Johns, who served

A Strong Public Finance Partner in South Dakota D.A. Davidson & Co. is committed to strengthening the infrastructure and enriching the lives of people in our communities throughout South Dakota and across the nation.

Gerald J. Spethman, Jr. Senior Vice President, Public Finance Banker

(402) 392-7933 (866) 466-9368 JSpethman@dadco.com

30 years as a magistrate and circuit court judge and now practices law in Lead. "He didn't offer a lot of bills, but Chuck was very decisive and astute when it came to whether legislation should ever see the light of day."

When a proposed bill wasn't up to snuff, Johns said he would say the measure should go to the 41st day of the session. Legislative sessions are 40 days long. "He was always serious and was committed to making sure that South Dakotans had good legislation, not just any legislation,â€? Johns said. â€œI think he considered himself as the 41st man â€“ when a bill should go to the 41st day. It was a polite way of saying this bill doesnâ€™t carry any weight.â€?

Johns said he respected Turbiville for his commitment to his city and state, and his overwhelming dedication to children, his family and grandchildren, whether it was publicly acknowledged or not.

â€œHe was never looking for fame or fortune and he loved serving his community and his state,â€? he said. â€œHe was such a giving guy and thatâ€™s what he should be remembered for. That was his life.â€?

Saying goodbye At 10 a.m. Monday, mourners will bid farewell to Deadwoodâ€™s mayor during funeral services at the Deadwood Mountain Grand Event Center. The 2,500-seat venue for the final goodbye was reportedly chose because no church in the area could accommodate the anticipated crowd. That alone say so much about Chuckâ€™s contributions to the community he so loved. Reprinted with permission from the Rapid City Journal.

2XU SXEOLF ÂżQDQFH EDQNHUV DYHUDJH over 20 years of experience LQ FRQYHQWLRQDO Âż[HG UDWH GHEW ÂżQDQFLQJ YDULDEOH UDWH ERQGV FUHGLW HQKDQFHG VWUXFWXUHV DQG QRQ UDWHG ERQGV Primary areas of focus include: Âˇ Cities Âˇ Counties Âˇ School Districts Âˇ Rural Water Utility Finance Âˇ Healthcare Finance Âˇ Lease-Purchase Financing Ä 1RQSURÂżW (QWLWLHV Ä $OWHUQDWLYH (QHUJ\

450 Regency Parkway | Suite 400 | 2PDKD 1( | dadavidson.com

SOUTH DAKOTA MUNICIPALITIES

State of South Dakota Reaches Settlement in Remote Seller Litigation

Governor Dennis Daugaard and Attorney General Marty Jackley announced today that the State of South Dakota has entered into a settlement agreement and stipulation of dismissal in State of South Dakota v. Wayfair, Overstock and Newegg.

The litigation, which was the result of South Dakota’s remote seller law, had been remanded to the South Dakota State Circuit Court after South Dakota received a favorable decision from the Supreme Court of the United States. This final settlement agreement brings a conclusion to all remaining issues not addressed by the United States Supreme Court.

The settlement removes the injunction that prevented South Dakota from requiring the defendants to comply with the remote seller law. Under the terms of the settlement, Wayfair, Overstock and Newegg comply with the law beginning Jan. 1, 2019.

“I look forward to the state’s full enforcement of its remote seller law. The work done during the September 2018 special legislative session allowed us to set a collection date of Nov. 1, 2018 for all remote sellers except for the parties to this lawsuit, who will begin collecting on Jan. 1 2019,” said Governor Daugaard.

within a state before a seller can be obligated to collect and remit that state’s sales taxes on purchases delivered into the state. On June 21, 2018, the United States Supreme Court overruled the physical presence requirement.

In September 2018, Governor Dennis Daugaard convened a special session of the Legislature to consider bills addressing the implementation of the sales tax collection. Governor Daugaard signed into law a measure which removed the imposition of an injunction against collection of sales tax on remote sales, except in regard to the Wayfair litigants. This bill, which goes in effect on November 1, 2018, will allow the State of South Dakota to enforce sales tax collections from those who meet the $100,000 in sales or 200 transaction thresholds. A second bill created a new sales tax license for online marketplaces.

The Wayfair settlement agreement and dismissals from both cases await final approval by the State Circuit Court. For more information on South Dakota’s remote seller law, visit http://sd.gov/remotese

“Today’s settlement agreement is the final step in bringing sales tax fairness to our main street businesses across South Dakota by creating a level playing field with out-ofstate retailers,” said Attorney General Jackley.

The State of South Dakota also reached a settlement in American Catalog Mailers Association and Netchoice vs. Andy Gerlach, in his capacity as the Secretary of the Department of Revenue, a related lawsuit regarding the remote seller law. This litigation had been on hold until the South Dakota v. Wayfair case had been decided. The parties have agreed to dismiss this case.

In 2016, the South Dakota State Legislature passed Senate Bill 106, which required out-of-state retailers to collect and remit sales tax similar to in-state retailers. The law applies to out-of-state retailers if they have more than $100,000 in sales or complete more than 200 transactions per year within South Dakota. Given the controlling precedent of Quill, on October 2, 2017, the Attorney General’s Office filed a petition for certiorari asking the U.S. Supreme Court to review the South Dakota Supreme Court decision in State of South Dakota v. Wayfair, Overstock and Newegg. In Quill, the U.S. Supreme Court had required that a retailer have a “physical presence” DECEMBER 2018

USDA Announces Funding to Increase Access to Education, Workforce Training and Health Care Opportunities in Rural South Dakota Communities

Agriculture Secretary Sonny Perdue today announced that USDA is awarding grants for 128 projects to increase access to job training, educational and health care services in rural areas, including two projects in South Dakota.

•

“Empowering rural Americans with access to services for quality of life and economic development is critical to rural prosperity,” Secretary Perdue said. “Distance learning and telemedicine technology bridges the gap that often exists between rural communities and essential education, workforce training and health care resources.”

USDA is awarding $39.6 million through the Distance Learning and Telemedicine (DLT) Grant Program. More than 4.5 million residents in 40 states and three territories will benefit from the funding. USDA’s investments in rural South Dakota include:

•

Oglala Lakota College, based in Kyle, is being awarded $491,493 to help Oglala Lakota College purchase equipment to set up Smart Rooms in nine of its instructional centers. This project serves both the Oglala Sioux Tribe and Cheyenne River Tribes and will focus on courses in Math and Science, Nursing and Foundational Studies. This cloud-based learning system will expand access to class sessions allowing more than 1,400 students per semester, with lack of childcare, lack of transportation and/or illness to connect to mentors, tutors and continued learning. This is a STEM project.

Avera Health, based in Sioux Falls, is receiving $436,054 to help purchase telemedicine equipment expanding Avera Health's telehealth network. Avera Health will connect forty-two

Nelson Auto Center¶V Government Fleet Sales Department has over 50 years off eexperiennce working with agencies just like yours fulffilling il g your vehicle needs. We offffer: x Cooperative Purchasing P Connection competitive contract pricing! x Complete upffit itting services! x Police Car Traade-ins Welcome! x Municipal Leaase Plans!

Call us today for a quote! 22

Fleet Saales 2228 College Way, Fergus Falls, F MN 800-477-3013 www.nelsonfergusfalls er falls.com m & Affi Affiliates

SOUTH DAKOTA MUNICIPALITIES

(42) end-user sites located across North Dakota, South Dakota, Minnesota, Iowa and Nebraska to its hub in Sioux Falls, SD. This project will focus on improving the quality and quantity of life by providing access to up-to-date quality specialty healthcare. The project will reduce the disparities in healthcare that exist in rural areas as compared to more urban areas by providing specialized healthcare through the telemedicine healthcare network, which includes treatment and prevention of opioid misuse. This project will further expand Avera's telehealth network, reaching up to 411,026 rural residents in five states including Iowa, Minnesota, Nebraska, North Dakota and South Dakota.

In April 2017, President Donald J. Trump established the Interagency Task Force on Agriculture and Rural Prosperity to identify legislative, regulatory and policy changes that could promote agriculture and prosperity in rural communities. In January 2018, Secretary Perdue presented the Task Forceâ€™s findings to President Trump. These findings included 31 recommendations to align the

DECEMBER 2018

federal government with state, local and tribal governments to take advantage of opportunities that exist in rural America. Increasing investments in rural infrastructure is a key recommendation of the task force. To view the report in its entirety, please view the Report to the President of the United States from the Task Force on Agriculture and Rural Prosperity (PDF, 5.4 MB). In addition, to view the categories of the recommendations, please view the Rural Prosperity infographic (PDF, 190 KB).

USDA Rural Development provides loans and grants to help expand economic opportunities and create jobs in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety and health care; and high-speed internet access in rural areas. For more information, visit www.rd.usda.gov. USDA is an equal opportunity provider, employer and lender.

New Direction for Homeless Services in South Dakota

The South Dakota Housing for the Homeless Consortium

Services to assist homeless persons in South Dakota are undergoing some changes with the goal of improving both the efficiency and the effectiveness of the service system. The Coordinated Entry System (CES), which officially started August 2018, is designed to make it easier for those experiencing homelessness to request assistance and find housing for themselves and their families, and thus help to minimize the time that they are homeless.

The South Dakota Housing for the Homeless Consortium (SDHHC) is the oversight body for CES. Consortium members include agencies that provide housing services, as well as those who provide support services such as case management, education, job training and similar assistance. While housing and associated services have been available for quite some time, the system has lacked a central entity to help coordinate services statewide.

CES has both physical access points listed below and a

virtual access toll-free phone number that is available statewide. When a person requesting assistance visits one of the physical access points or calls the toll-free number, trained staff will first determine whether the person is actually homeless. If the person is not considered homeless, they will be referred to other available assistance. If the person is homeless, staff will proceed with an application and assessment process. The assessment process will be used to understand the personâ€™s needs and prioritize them with the appropriate housing and services. Due to rural remoteness of South Dakota and lack of available housing options in some communities, the person may be placed on a locally-based waiting list. The personâ€™s case will then be prioritized, reviewed by a team of service providers, and referred to appropriate agencies when housing and services become available.

The goal of CES is to provide consistency for individuals and help document unmet needs so resources can be better allocated across the state. The agencies initially participating in CES are the agencies which receive

SOUTH DAKOTA MUNICIPALITIES

funding from the U.S. Department of Housing and Urban Development. It is the goal of CES to expand the partnerships and have all homeless service providers participate.

For more information on the Coordinated Entry System or South Dakota Housing for the Homeless Consortium please visit www.housingforthehomeless.org or contact Davis Schofield at davis@sdhda.org. South Dakota Housing for Homeless Consortium Coordinated Entry System Access Points and Hours of Operation

Statewide Telephone Access Helpline Center 9 AM – 6 PM, M-F 1-800-664-1349

Region 1. Harding, Perkins, Corson, Butte, Meade, Ziebach, Dewey, Pennington, Haakon, Custer, Fall River, Shannon, Bennett, Jackson Counties. Cornerstone Rescue Mission 30 Main Street Rapid City, SD 57701 8 AM – 4 PM, M-F 605-341-2741

Region 2. Campbell, McPherson, Brown, Marshall, Roberts, Walworth, Edmunds, Day, Potter, Faulk, Spink, Sully, Hyde, Hand, Beadle, Sully, Hughes Counties. The Journey Home 420 S. Washington Street Aberdeen, SD 57401 9 AM – 2 PM, M-F 605-725-7031

ROCS Yankton, SD 57078 3113 Spruce St. (Kanner Building) 8 AM – 4:30 PM, M-TH 605-665-4559

ROCS Lake Andes, SD 57356 ROCS Lake Andes Outreach 17 Park Ave. 8 AM – 4:30 PM, M-F 605-487-7634 ROCS Wagner, SD 57380 106 West SW 8 AM – 4:30 PM, M-F 605-384-3883

Region 4. Lincoln, Turner, McCook, Minnehaha, Miner, Lake, Moody, Kingsbury, Clark, Codington, Hamlin, Deuel, Grant, Brookings Counties. Inter-Lakes Community Action Partnership (ICAP) 505 N. Western Ave. Sioux Falls, SD 57104 8 AM - 4:30 PM, M-F 605-334-2808

Region 3. Jones, Lyman, Buffalo, Jerauld, Sanborn, Mellette, Todd, Tripp, Gregory, Charles Mix, Douglas, Hutchinson, Bon Homme, Yankton, Clay, Union, Brule, Aurora, Davison, Hanson Counties. Rural Office of Community Services (ROCS), Inc. 4 locations ROCS Mitchell, SD 57301 817 N. Sanborn Blvd # 102 8 AM – 4:30 PM, M-TH 605-996-9626

DECEMBER 2018

By Chris Hill, Director of Municipal Electric Services

2018 Wrap Up

As 2018 draws to an end, I look back on the times that Iâ€™ve spent in the different communities throughout the state. All the communities that I write about have one thing in common, public power.

While visiting these communities I realized that they all focus on the benefits of public power and what it means to each of the communities that own their own electrical systems. Public power utilities began over 100 years ago when communities created electric utilities to provide light and power to their citizens. Many of the utilities were sold to larger corporations, but 34 of the locally owned utilities have chosen to preserve community ownership and local control of their power supply. Each one of these 34 notfor-profit public power municipalities has hard working individuals who keep your power reliable and affordable. .

The Finance Officers, the assistants in the City office, and all Electrical Superintendents, Foremen, Journeymen, and apprentices are the ones who keep the system up and running and make sure that they are making the changes needed to keep the system running smoothly. According to PublicPower.org, each dollar of a public power utility employee's paycheck circulates through the community an estimated five times! Every place that I have visited I am greeted by a friendly smile and that is what makes our hometowns and our state so great.

Arlington's new sub station was completed in 2017.

Upgrades to public power utilities such as the new sub station in Arlington are investments to the community members and have the best interest of the community in mind when upgrading their systems. Upgrades mean more reliability which impacts economic development in your community and create more revenue!

Big Stone City Utility Manager Bob Athey, Finance Officer Donna Van Hout and Electrical Superintendent Bryan Austin.

I could go on and on about how great each of our communities are, but really what makes them great is the people. 26

SOUTH DAKOTA MUNICIPALITIES

SDML Directory Changes

Aberdeen Brandon

Centerville

Hartford:

Tyndall Park and walking path.

Lake Norden

North Sioux City Oldham

Plankinton

Wall

Wilmot

Development on east side of Volga.

Let's not forget the most important aspect of a Pubilc Power Community, the members. Being a citizen of a Public Power community means that you are the owner! You have a say in everything that takes place with your utilities. That also means that it is your responsibility to stay informed and be knowledgable about your utilities. Get involved. Get on your council or board and help make the best decisions moving forward for your community and your citizens. Be a positive voice in your municipality and continue to make your HOMETOWN great!

Delete: CM Laure Swanson Add: CM Mike Olson Add:

M Paul Lundberg

Delete: PC Kaven Swearingen

Delete: CM Ryan Horn Add: CM Jessica Johnson Add:

PC Tony Aas

Add:

CM Kodi Benson

Delete: T John Pester

Delete: CM Tom Madrigal

Delete: AIR Dave Hahn

Delete: CM Brian Schnaser Add: M Brian Schnaser CM Ryan Frerichs

Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2018-2019 Directory of Municipal Officials.

Howard Municipal employees Chad Podhrasdky, Kody Dawson, and Troy Loudenberg..

Questions? Comments? Email chris@sdmunicipalleague.org or call 605-7706299. DECEMBER 2018

DENR Accepting Applications for EPA Clean Diesel Grant Program

The South Dakota Department of Environment and Natural Resources (DENR) is accepting applications for the EPA Clean Diesel Grant Program. The program provides rebates for purchasing new buses to replace old, high-emitting diesel buses. The goal is to reduce school childrenâ€™s exposure to fine particulate and smog-forming pollution and to facilitate improvement and protection of ambient air quality throughout South Dakota. Eligible applicants include public schools, non-public schools, state special schools, approved educational programs, shuttle or transit system providers, and school bus contractors.

The initial application deadline for the EPA Clean Diesel Grant Program is Dec. 14, 2018. Interested parties are encouraged to contact DENR at 605-773-3151 or obtain

application guidance at https://denr.sd.gov/des/aq/aadera.aspx.

Total rebate per replacement bus will be up to 25% of the purchase price of a 2018 engine model year or newer engine certified to EPA emission standards, 35% of the purchase price for engines meeting the California Air Resources Board Low-NOx standards, or 45% of the purchase price of an all-electric bus. DENR will award funds to as many eligible applicants as possible. Initially, there will be approximately $280,000 from the federal Diesel Emissions Reduction Act available for the program in South Dakota. If the 2019 state Legislature approves spending authority for the Volkswagen Mitigation Trust, an additional $837,000 will be available for bus replacement.

SOUTH DAKOTA MUNICIPALITIES

Supreme Court Agrees to Decide Enormous Cross Case

By Lisa Soronen, Executive Director, State & Local Legal Center

In Maryland-National Capital Park and Planning Commission v. American Humanist Association the Supreme Court will decide whether a local government has violated the First Amendment by displaying and maintaining a 93-year-old, 40-foot tall Latin cross memorializing soldiers who died in World War I. The Fourth Circuit applied the so-called three-prong Lemon test, as modified by the Supreme Court’s most recent monument decision Van Orden v. Perry (2005), to conclude that the government display and maintenance of this cross violates the Establishment Clause. The lower court first concluded that the cross has a secular purpose thus passing the first prong of the Lemon test. Specifically, the Commission obtained the cross to maintain safety near a busy highway intersection and preserves the memorial to honor World War I soldiers. But the Fourth Circuit concluded that a reasonable observer would understand this cross to advance religion.

The Latin cross is the “preeminent symbol of Christianity.” While the cross has secular elements (like the words valor, endurance, courage, and devotion inscribed on its base and a plaque at the base listing the memorialized soldiers), the “immense size and prominence of the Cross” “evokes a message of aggrandizement and universalization of religion, and not the message of individual memorialization and remembrance that is presented by a field of gravestones.” The Fourth Circuit also concluded that the cross fails Lemon’s third prong because it creates an excessive entanglement between government and religion. First, the Commission has spent $117,000 to maintain and repair it. In 2008 it set aside an additional $100,000 for renovations. “Second, displaying the Cross, particularly given its size, history, and context, amounts to excessive entanglement because the Commission is displaying the hallmark symbol of Christianity in a manner that dominates its surroundings and not only overwhelms all other monuments at the park, but also excludes all other religious tenets.”

DECEMBER 2018

SOUTH DAKOTA MUNICIPALITIES

DECEMBER 2018

SOUTH DAKOTA MUNICIPALITIES

DECEMBER 2018

The Morning After (Election Day)

By Steve Allender, Mayor of Rapid City, SD

Someone will win, someone will lose, and initiated measures will either pass or fail. Now that the election is over: the world is neither a better or worse place. The sun will rise in the morning. Nothing has changed in the overall scheme. The happiness or relief sought from this election cycle has not, and will not come.

There has been a great deal of political wrangling over fixing the broken system, ousting corrupt politicians or bringing about dominance of one political party over the other. Prepare to be disappointed as this is not the first, or last election cycle where these things are on the ballot.

As time goes on, it’s clearer to me the system is not broken as much as we, the people are. Social media has become the dumping ground for political rants, threats and conspiracy theories. Friends attack each other, relatives issue ultimatums over family member allegiance to a politician or a cause. Made up statistics, unverified “news“

accounts related to history or political activity have rendered social media perhaps THE primary tool of misinformation rather than a source of entertainment. Unfortunately, politicians must use the same platform.

Terms such as misogynist, hate, corruption, liberal, conservative, fascist, patriot, traitor and others have definitions that are now fluid, changing with each generation and sometimes with each new noteworthy event. If you don’t accept something or someone, you hate them. If you disrespect a woman you’re a misogynist. If you stick up for women’s rights you are feminist. If you support the president, you’re a fascist. If you are against the president, you’re a traitor. These things have nothing to do with politics or the political system but have more to do with people and are sometimes byproducts of mediahungry consumers waiting to be fed by antagonists. Our ability to influence others seems to be decreasing while our need to be heard by others is increasing. This noise is drowning out civility in our communities.

Evolved.

Perfectly designed to thrive in its environment. Adaptable enough to evolve with the times. Building smart for a solid future. It’s second nature at KLJ. KLJENG.COM

SOUTH DAKOTA MUNICIPALITIES

I‘m not saying we are headed for civil war but we can certainly expect more civil and social dysfunction over our obsession with self-relevance on social media. Here are some points which could be important for surviving the effects of social media storms resulting from the midterm elections and leading up to the next election cycle: 1. It’s OK if you don’t express your opinion publicly. 2. It’s OK if you don’t react or respond publicly to someone else’s opinion. 3. Neither democrats nor republicans are ruining the country. 4. Different opinions are not wrong, they are just different. 5. It’s OK (and encouraged) for you to become involved in government policy making. 6. Arguing with others on social media does not constitute being involved. 7. A Google search is not the same as research. 8. Attacking your friends and family, especially publicly, will only create loneliness and isolation. 9. Check social media post sources before you read them, believe them and especially before you share them. 10. When in doubt, post about cats or children.

DECEMBER 2018

SOUTH DAKOTA MUNICIPALITIES

DECEMBER 2018

SOUTH DAKOTA MUNICIPALITIES

DECEMBER 2018

SOUTH DAKOTA MUNICIPALITIES

FOR OORR A D REA RRE EACCHH FFO EA DIAMOND. DI IIAAAM MOOONND M NDD.. At Diamond Mowers, we belie b ve that no task should be beyond your reach. REAR CRADLE

BOOM MOWER

3-P T HIT CH

BOOM MOWER

SIDE

FLAIL MOWER

SIDE

RO TAR Y MOWER

For more information, contact Paul Schreur hreurs at 605 929.3083 605.929 3083 or PSchreurs@DiamondMower s@DiamondMow wers.com s com

DECEMBER 2018

Strengthening North American Trade in Agriculture

The United States, Mexico and Canada have reached an agreement to benefit American farmers, ranchers, and agribusinesses. While agriculture has generally performed well under NAFTA, important improvements in the agreement will enable food and agriculture to trade more fairly, and to expand exports of American agricultural products.

Key Achievement: Expanded Market Access for American Food and Agricultural Products America’s dairy farmers will have new export opportunities to sell dairy products into Canada. Canada will provide new access for United States products including fluid milk, cream, butter, skim milk powder, cheese, and other dairy products. It will also eliminate its tariffs on whey and margarine. For poultry, Canada will provide new access for United States chicken and eggs and increase its access for turkey. Under a modernized agreement, all other tariffs on agricultural products traded between the United States and Mexico will remain at zero.

Key Achievement: Canada’s Milk Classes 6 and 7 to Be Eliminated The top priority for America’s dairy industry in this negotiation has been for Canada to eliminate its program

that allows low priced dairy ingredients to undersell United States dairy sales in Canada and in third country markets. As a result of the negotiation, Canada will eliminate what is known as its milk classes 6 and 7. In addition, Canada will apply export charges to its exports of skim milk powder, milk protein concentrates and infant formula at volumes over agreed threshold, which will allow United States producers to expand sales overseas.

Key Achievement: Setting Unprecedented Standards for Agricultural Biotechnology For the first time, the agreement specifically addresses agricultural biotechnology to support 21st century innovations in agriculture. The text covers all biotechnologies, including new technologies such as gene editing, whereas the Trans-Pacific Partnership text covered only traditional rDNA technology. Specifically, the United States, Mexico, and Canada have agreed to provisions to enhance information exchange and cooperation on agricultural biotechnology trade-related matters.

Key Achievements: Significant Commitments to Reduce Trade Distorting Policies, Improve Transparency, and Ensure Non-Discriminatory Treatment for Agricultural Product Standards

SOUTH DAKOTA MUNICIPALITIES

Building on NAFTA, the United States, Mexico, and Canada agreed to work together in other fora on agriculture matters, improve transparency and consultations on matters affecting trade among the countries.

The United States, Mexico, and Canada agreed to several provisions to reduce the use of trade distorting policies, including: •

• •

To not use export subsidies or World Trade Organization (WTO) special agricultural safeguards for products exported to each other’s market. Improved commitments to increase transparency and consultation regarding the use of export restrictions for food security purposes. If supporting producers, to consider using domestic support measures that have minimal or no trade distorting or production effects and ensure transparency of domestic support and supply management programs.

Canada and the United States also agreed to strong rules to ensure tariff-rate quotas are administered fairly and transparently to ensure the ability of traders to fully use them.

Key Achievement: Fair Treatment for Quality Requirements for Wheat and other Agricultural Products Canada has agreed to grade imports of United States wheat in a manner no less favorable than it accords Canadian wheat, and to not require a country of origin statement on its quality grade or inspection certificate. Canada and the United States also agreed to discuss issues related to seed regulatory systems.

To facilitate the marketing of food and agricultural products, Mexico and the United States agreed that grading standards and services will be non-discriminatory for all agricultural goods and will establish a dialogue to discuss grading and quality trade related matters.

Key Achievement: New Disciplines on Geographic Indications For the first time in NAFTA, the United States and Mexico have agreed to geographical indication standards that: enhance transparency for opposition and cancellation proceedings for geographical indications (GIs); establish a mechanism to consult on GIs pursuant to international agreements; and allow for additional factors that may be taken into account in determining whether a term is a common name instead of a GI.

Key Achievement: Market Access for Certain Cheese Names In addition, for the first time in a United States trade agreement, Mexico and the United States agreed to not restrict market access in Mexico for U.S. cheeses labeled with certain names. Key Achievement: Prohibiting Barriers for Alcohol Beverages The United States, Mexico, and Canada agreed to nondiscrimination and transparency commitments regarding sale and distribution, and labeling and certification provisions to avoid technical barriers to trade in wine and distilled spirits. They agreed to continue recognition of Bourbon Whiskey, Tennessee Whiskey, Tequila, Mezcal, and Canadian Whisky as distinctive products.

Key Achievement: New Protections for Proprietary Food Formulas The United States, Mexico, and Canada agreed on the Annex on Proprietary Food Formulas, which requires each Party to protect the confidentiality of proprietary formulas for food products in the same manner for domestic and imported products. It also limits such information requirements to what is necessary to achieve legitimate objectives. Press Release from USTR Public & Media Affairs

Key Achievement: Enhanced Rules for Science-Based Sanitary and Phytosanitary Measures In the Sanitary and Phytosanitary (SPS) Measures chapter, the United States, Mexico, and Canada have agreed to strengthen disciplines for science-based SPS measures, while ensuring Parties maintain their sovereign right to protect human, animal, and plant life or health. Provisions include increasing transparency on the development and implementation of SPS measures; advancing sciencebased decision making; improving processes for certification, regionalization and equivalency determinations; conducting systems-based audits; improving transparency for import checks; and working together to enhance compatibility of measures. The new agreement would establish a new mechanism for technical consultations to resolve issues between the Parties. DECEMBER 2018

Risk-Sharing

Winter Safety Tips

Snow Shoveling Safety: Snow is fun for dogs and kids who don’t have to shovel the stuff. Shoveling is hard work, especially when the snow is wet and heavy. And if you don’t tackle this task in the same way you’d handle a hazardous job at work, you could injure your back, pull muscles, get frostbite and even suffer a heart attack. Here are 6 snow shoveling safety tips.

1. Warm Up Your Muscles Before You Shovel As with any physically demanding exercise, consult with your doctor to ensure you’re fit before you consider shoveling. Cold, tight muscles are more prone to injury than warmed up, flexible muscles. Do your back a favor by warming up your muscles before heading out to shovel by doing some light movements such as bending side to side or walking in place.

2. Lighten the Load with the Right Snow Shovel A snow shovel should be lightweight, a little over 3 lbs., and the blade shouldn’t be too large. Otherwise your load will be too heavy, putting too much stress on your heart and back. A shovel with a curved handle or an adjustable handle length will minimize painful bending, requiring you to bend your knees only slightly and arch your back very slightly while keeping the shovel blade on the ground. When you grip the shovel, make sure your hands are at least 12 inches apart. By creating distance between your hands, you increase your leverage and reduce strain on your body.

3. Pace – Don’t Race Shoveling snow in heavy-duty clothing can be as strenuous as weightlifting. Dress in layers and remove them as you get warm to help maintain a comfortable body temperature. You may want to get the job over with as fast as you can, but it’s better to keep moving and work at a steady pace. Shoveling small amounts of snow frequently is less strenuous than shoveling a large pile at once. In deep snow, remove a few inches off the top at a time, rather than attempting to shovel the full depth at once. Shoveling is going to make you sweat, and, if you stop, you could get a chill. The trick is to shovel efficiently without becoming fatigued. 44

4 Push – Don’t Lift Push the snow rather than lifting it. If you must throw it, take only as much snow as you can easily lift. And remember, the wetter the snow, the heavier it is. One full shovel load can weigh as much as 25 lbs. Consider using a snow scoop to push the snow. The scoop helps you to move snow with less effort by riding up over the snow to allow you to move it without ever having to lift it.

5 Proper Lifting If you have to lift, protect your back from injury by lifting correctly. Stand with your feet about hip width for balance and keep the shovel close to your body. Bend from the knees (not the back) and tighten your stomach muscles as you lift the snow. Avoid twisting movements. Don’t throw snow over your shoulder or to the side. If you need to move the snow to one side, turn your feet to the direction the snow will be going. Again, remember that wet snow can be very heavy. 6. Rest and Recover Take frequent breaks and drink plenty of water to avoid dehydration. Take a break for a minute or two every 2030 minutes, especially when the snow is wet, or if you feel overworked at any point. Use this opportunity to stretch your arms, shoulders, and back to keep them warm and flexible. By following these tips, you are far less likely to be injured while shoveling snow. Better yet, use a snow blower if you can. Snow Blower Safety: Be familiar with all controls and their proper operation. Know how to stop the machine and disengage it quickly. Thrown objects can cause serious personal injury and can damage property. Plan your snow throwing pattern to avoid discharge of material towards roads, bystanders and close buildings. Exercise caution to avoid slipping and falling, especially when operating in reverse.

If your snowblower clogs: • Turn it OFF! • ALWAYS use a stick, broom handle or the chute clean-out tool to clear the impacted snow. • NEVER put your hand down the chute or around the blades. • Keep all shields in place. DO NOT REMOVE the safety devices on the machine. • Keep your hands and feet away from all moving machine parts.

Be aware of the carbon monoxide risk of running a snow blower in an enclosed space. Refuel your snow blower when it is off, never when it is running.

SOUTH DAKOTA MUNICIPALITIES

Preventing Slips and Falls Another hazard this time of year is slips and falls. Contrary to many people’s perceptions, slips and falls can be serious. Because the body is usually in an awkward position, it is difficult to protect yourself if you slip or fall. Some injuries are minor, but others involve broken bones, serious back injuries, head trauma and even death. In fact, slips and falls are the second leading cause of accidental death. Here are some useful reminders as we deal with winter conditions.

Sidewalks and Buildings: Assign staff to help with ice control around your facilities. Sometimes maintenance staff is shared, and they can’t be everywhere at once. Have ice melt available at each building and encourage employees to make sure it is applied when needed. Pay particular attention to shaded areas where limited sunlight does not melt snow or ice. Also watch for downspouts and drains that allow water to run across walkways and then later freezes. Use mats inside building entrances to minimize wet floors. Watch them and if they become saturated, change them out. If floors get wet, be sure to place “Wet Floor” warning signs in public areas and try to get them mopped up as quickly as possible.

Check city ordinances and if property owners are required to clean sidewalks within a certain time frame make sure it is enforced. If someone falls and gets hurt because a sidewalk was not cleared within the prescribed time frame, it could create a potential liability exposure for your city.

Employee Safety: Employees need to be especially careful when getting out of vehicles. Remember to hold on to the vehicle and exit slowly. Employees who operate larger pieces of equipment should be reminded to use 3points of contact whenever entering or exiting equipment. Employees should always face the equipment and never jump off equipment. Operators should also be reminded that equipment steps and ladders can become ice covered and slippery during snow removal operations making an exit from a truck or equipment potentially hazardous.

When getting out of a warm vehicle and stepping on ice or snow don’t forget that you could lose your footing. Office workers should consider bringing an extra pair of shoes to wear once inside. Often shoes that are comfortable in an office do not work well in slippery conditions.

Slips and falls are more likely when you are in a hurry, tired or distracted. Slow down as a fall could result in a serious injury that will cost you even more time. Don’t carry more weight or load size than you can safely handle. Keep loads small enough so not to obstruct your vision and be careful of unstable loads that might shift and cause you to fall. DECEMBER 2018

When walking on slippery surfaces walk on the balls of your feet and take short steps. This keeps the force impacting the ground vertically. Keep your upper body over your hips to help maintain your center of gravity. Remember a long stride equals heel strike and that can result in a low friction area that could result in a fall. If you fall, remember to roll and don’t reach out. This can help avoid shoulder, elbow and wrist injuries. Slips, trips and falls can happen to anyone. Employees should take their time, think about what they are doing and follow good safety practices. By adhering to these rules, they can avoid potentially dangerous problems for themselves and your entity.

Winter Driving Winter safety tips would not be complete without discussing winter driving. Here are 5 simple driving tips that will increase your driving safety this winter. 1) Stay alert - Driving demands your full attention, especially in winter driving conditions. Good visibility is essential to safe winter driving. Keep your windshield and windows clear of snow and ice. 2) Stay off your cellphone - Do not talk on your cell phone or text while driving.

3) Slow down - The posted speed limit may be too fast under certain winter conditions. Allow enough time to get to your destination.

4) Increase your following distance - In adverse conditions increase your following distance from 3 seconds to at least 4 seconds. It is recommended that you add 1 second for each adverse condition. If it is snowing (reduced visibility) and the road is icy then add 2 seconds for a total of at least 5 seconds. 5) Last but not least, Buckle Up! - Each year a number of drivers and passengers are unnecessarily injured or killed because they failed to follow this simple safety rule.

Living in South Dakota in the winter can be challenging. By reminding ourselves and our employees of these safety tips, we can safely survive yet another South Dakota winter. Doug Kirkus Loss Control Consultant SDML Workers’ Compensation Fund South Dakota Public Assurance Alliance dkirkus@safety-benefits.com

Washington Report: By Senator Mike Rounds

When you sent me to the Senate, I promised to do all I could to get Washington working again. For too long, the red tape and excessive bureaucracy of the federal government hindered the ability of South Dakotans to succeed. Overregulation made it difficult for farmers, ranchers, small business owners and local financial institutions to do their jobs. Families were paying so much money in taxes that they weren’t able to reinvest back into the economy. We still have work to do, particularly when it comes to improving our ag economy, but the Republicanled Senate has been able to deliver significant results to the American people.

We reformed the tax code for the first time in 31 years. Since the Tax Cuts and Jobs Act was signed into law by President Trump, more than 1.8 million jobs have been created, unemployment is at the lowest level since 1969, incomes are rising and our economy is soaring. The economy grew at 4.2 percent in the second quarter of 2018, the fastest pace in nearly four years.

We’ve also rolled back a record number of excessive, Obama-era regulations. Over the past 19 months, Republicans have saved Americans at least $50 billion and 16 million hours of regulatory paperwork. This means Americans have more time and money to spend however they want. As a member of the Senate Banking Committee, we passed major legislation to roll back the Dodd-Frank Act. It included a number of provisions that I offered to limit the burdensome regulations on community banks and credit unions in South Dakota, so they can do what they do best: serve their customers and support businesses in their communities. This has helped our economy flourish.

The Senate has confirmed a record number of judges who will interpret the law as written, not based on their personal political leanings. So far, we have confirmed 29 circuit court judges, 53 district court judges and two Supreme Court justices. The Senate Judiciary Committee is hard at work to send even more judges to the full Senate floor before the end of the year. These men and women have the opportunity to shape the direction of our country for a generation or more. We also passed and the president signed into law the John S. McCain National Defense Authorization Act (NDAA), which included investments to strengthen our military longterm. It gave our troops the largest pay increase in nearly 10 years. Protecting our nation through a strong military is a fundamental role of the federal government. My priority as a member of the Senate Armed Services Committee is to make sure our military remains the best in the world. To do this, our military must be properly funded, trained and equipped with state-of-the-art technology. Additionally, I continue working to make sure Ellsworth Air Force Base plays a vital 46

Delivering Results

role in our national defense now and in the future. It was recently announced that Ellsworth will be one of three bases that will be home to the new B-21 Raider bomber.

South Dakota is home to more than 72,000 veterans, many of whom have had problems dealing with the VA. My office works directly with South Dakota veterans to help cut through red tape so they can get the care and benefits they were promised. We confirmed a new secretary at the VA who has publicly committed to cleaning up the agency’s scandals and mismanagement. I sit on the Senate Veterans’ Affairs Committee and will continue monitoring the VA to make sure it supports our veterans and follows through on our country’s promises to them.

Senate Republicans have made good on our promise to get Washington working again, but we aren’t done yet. With farm income down 50 percent in the past five years, we continue working to improve the ag economy. This includes assuring year-round sales of E-15 during next summer’s driving season and finalizing trade deals so we can export our commodities like soybeans, corn, wheat, beef, pork and more. We also need to finalize the farm bill so farmers and ranchers have some stability as they work to feed and fuel the world. These are a number of the issues that I look forward to taking up in the coming months.

Serving municipalities for more than a centur y. T R A N S P O R TAT I O N + W AT E R + G O V E R N M E N TA L S E R V I C E S + L AND DEVELOPMENT + E N V I R O N M E N TA L + CONSTRUCTION

Z 4 31 N . P h i l l i p s Ave | S u i t e 4 0 0

S i o u x F a l l s , S D 5 7 10 4 Z Phone 605.334.449 9

ZHRGREEN.COM

SOUTH DAKOTA MUNICIPALITIES

STA ABLE BLAD DE TECHNOLOGY Y.

CONTROL BOUNCE. MINIMIZE REWORK. CUT COSTS.

% Experience the most comfortable cab in the industry. Joystick

fatigue for better productivity.

A new standardd Economy (ECO) Mode can be tuurned on to help save fuel by redducing engine speed so the maachine works in a MOREĂ?EFlCIENTĂ?RANGE

*Compared to traditional motorgraders. **Compared to previous models.

BUTLERMACHINERY Y.COM .COM

M Series equippedd with Product Linkâ„˘, WHICHĂ?HELPSĂ?mEETĂ?OWNERSĂ?TRACKĂ? location,, hours, fuel usage, productivvity, idle time, and diagnosttic codes through the online VisionLinkÂŽ interface.

JANUARY Hometown Happenings

October 20 - January 6, 2019 2018 Pheasant Hunting Season

November 16 - January 6, 2019 Winter Wonderland Sioux Falls

December 15 - March 31, 2018 South Dakota Snowmobile Trails Season Lead January 18 - 20 Winterfest: A Three Day Snowbash Lead January 18 - 19 Media One Funski Sioux Falls

January 26 Sioux Empire on Tap Sioux Falls

For details on each event visit www.travelsouthdakota.com. WK Žǆ ϰϯϳ EĞǁĞůů͕ ^ ϱϳϳϲϬ ϲϬϱ-ϰϱϲ-ϮϲϬϬ ǁǁǁ͘ďŽŽŵĐŽŶ͘ĐŽŵ ŵĂŝů͗ ĐŽŶĐƌĞƚĞΛďŽŽŵĐŽŶ͘ĐŽŵ

sĂƌŝŽƵƐ >ĂŶĚƐĐĂƉĞ Θ WƌĞĐĂƐƚ WƌŽĚƵĐƚƐ ǀĂŝůĂďůĞ ůŽǀĞƌŵŝƐƚ sĂƵůƚ dŽŝůĞƚƐ ĞŶĐŚĞƐ ŝƌĚ ĂƚŚƐ ŝƐƚĞƌŶƐ 'ĂƌďĂŐĞ ĂŶƐ &ƵĞů ŽŶƚĂŝŶŵĞŶƚ dĂŶŬƐ ZĞƚĂŝŶŝŶŐ tĂůůƐ ^ĞƉƟĐ dĂŶŬƐ ^ƚŽĐŬ dĂŶŬƐ ^ƚŽƌŵ ^ŚĞůƚĞƌƐ Ăůů ĨŽƌ Ă ŽŵƉůĞƚĞ >ŝƐƚ WƌŽĚƵĐƚƐ Θ WƌŝĐĞƐ

January 25 - February 3 Black Hills Stock Show & Rodeo Rapid City

January 25 - 26 Deadwood Snowmobile Rally Deadwood

ůŽǀĞƌŵŝƐƚ ^ƚĂŶĚĂƌĚ

ůŽǀĞƌŵŝƐƚ WůƵƐ

ůŽǀĞƌŵŝƐƚ ŽƵďůĞ

SOUTH DAKOTA MUNICIPALITIES

As the 2017 H HP Partner of the Year Year, e Riverside T Technologies echnologies Inc Inc. (RTI) is confident c that we can sa ave you money imm mediately on your H HP genuine OEM printer p cartridges. We W are a trusted IT s source and have yea ars of experience m meeting the needs of citie es and municipalities s.

Studies show shhow orrganiz ganizat ions t hat implement managed print ser vices v reduce their print rintting ing costs bbyy an averrage age of 30 percent .*

REDUCE Y YOUR OUR P PRINT COST BY 30% %

Genuiine OEM

Printers

Print S Solut ions As a member of the SDML organization n, you can take advantage of significant savings on HP P toner, print supplies, and printers.

Call or email us today for m more information i f i n!! Dan Pollem ma Ó DPollema a@1RTI.com 605.359.9300

Print S Success Best Pricee on all YYour our Print Suppply Needs

Òäëðåöë Éîëñì ČÃ ÅÚÑĊï Éñåàáá ðë ÏÝêÝãáà Òîåêð Õáîòåßáï Öäá ÖîåâáßðÝ ëââ ÅëîìëîÝðá Äáêáğðï č Ðëò

w w w.1RTI . com

866.804.4388

American Council of Engineering Companies of South Dakota Members Engineering for a better South Dakota since 1956 VISIT US! www.acecsd.org

Providing the services communities need for more than a a centur y. T R A NSP OR TAT ION + WAT ER + GOV ER NMEN TA L SER V I C E S L A ND DE V E LOPMEN T + EN V IRONMEN TA L + C ONS T RUC T ION Z 4 31 N . P h i l l i p s Ave , S u i t e 4 0 0

| S i o u x Fa l l s , So u t h Da ko t a

Z HRGREEN.COM

Sioux Falls | W a terto wn | Mitchell

605-271-5527 InfrastructureDG.com

w w w. i n t e r s t a t e e n g . c o m 316 S. Coteau, Ste. 300, Pierre / (605) 224-4380 123 E . Jackson,, Ste. 1,, Spearfish p / (605) ( ) 642-4772 /

STREET DESIGN LAND SURVEYING UTILITY ANALYSIS & DESIGN LANDSCAPE ARCHITECTURE AGRICULTURAL ENGINEERING WATER/WASTEWATER TREATMENT Sioux Falls, SD 605.338.6668

www.stockwellengineers.com

Yankton, SD 605.665.8092

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 December 10 for the January 2019 issue. Email ads to sara@sdmunicipalleague.org or fax to 605224-8655. Visit www.sdmunicipalleague.org for more classifieds.

CITY ADMINISTRATOR: Lennox, SD – The City of Lennox is looking for a full-time City Administrator. This position performs high level administrative, technical and professional work in directing and supervising the administration of city government. This individual works under the broad policy guidance of the City Council and exercises supervision over all municipal employees either directly or through subordinate supervisors. Bachelor’s degree from an accredited four-year college or university with a degree in public administration, political science, or business management or a closely related field, with a Master’s degree preferred. Must have at least three (3) years of increasingly responsible municipal government experience. Must be able to communicate effectively verbally and in writing, and have the ability to establish and maintain effective working relationships with employees, city officials and the public, and be able to efficiently and effectively administer a municipal government. Compensation depends on experience. Full benefits package offered including paid vacation and sick time, South Dakota Retirement, and health and dental insurance. Applications are available on our website at www.cityoflennoxsd.com or at City of Lennox, 107 S. Main Street, Lennox SD 57039. For a full job description, please call the Finance Officer at 605-647-2286 or email financeofficer@cityoflennoxsd.com. Mail resumes and applications to Finance Officer, City of Lennox, PO Box 228, Lennox, SD 57039. Applications accepted until the position is filled. EOE.

CITY ENGINEER: Belle Fourche, SD - The City of Belle Fourche is looking for a full-time City Engineer. This position is appointed by the Mayor and confirmed by the City Council. Compensation depends on experience. Excellent benefits package. Bachelor's degree from a fouryear college or university and two years related experience or combination equivalent of training/experience as deemed acceptable by Mayor and Council or Engineer-intraining with certification per recommendation. This senior-level position is responsible for all duties undertaken by the Engineering, Planning and Zoning and Building departments and assisting the other city departments in maintaining and improving the City's building and infrastructure. A full description, application form and benefits listing are located at our website at www.bellefourche.org or at Belle Fourche City Hall, 511 6th Avenue, Belle Fourche, SD 57717. Applications accepted until filled. EOE. 52

FINANCE OFFICER: Lennox, SD – The City of Lennox is looking for a full-time Finance Officer. This position administers the financial operations of the City, maintains official records of the City, and performs related work as required. Additional work includes reconciling fund and account balances, preparing ancillary financial reports and other tasks as directed by the City Administrator. College or vocational school training in accounting, business administration, or pubic administration, or equivalent experience is required. A minimum of 7 years of education and/or experience in a city office is preferred. Must be able to communicate effectively verbally and in writing, and have the ability to establish and maintain effective working relationships with employees, city officials and the public. Compensation depends on experience. Full benefits package offered including paid vacation and sick time, South Dakota Retirement, and health and dental insurance. Applications are available on our website at www.cityoflennoxsd.com or at City of Lennox, 107 S. Main Street, Lennox SD 57039. For a full job description, please call the Finance Officer at 605-647-2286 or email financeofficer@cityoflennoxsd.com. Mail resumes and applications to Finance Officer, City of Lennox, PO Box 228, Lennox, SD 57039. Applications accepted until the position is filled. EOE.

POLICE DEPUTY: Murdo, SD - The City of Murdo is seeking a responsible individual to work for the municipal police department as a full time deputy. A certified law enforcement officer by the State of South Dakota is a plus to an applicant’s qualifications. Salary is monthly (DOQ) plus benefits. Interested individuals are encouraged to apply by application on a City of Murdo application form. To receive an application form and a job description, contact the City of Murdo, P.O. Box 432, Murdo, SD 57559-0432; telephone (605) 669-2272. Applications must be returned to above address. Position will remain open until filled. The City of Murdo is an Equal Employment Opportunity employer and they reserve the right to accept or reject any or all applications.

Visit www.sdmunicipalleague.org for more classifieds.

SOUTH DAKOTA MUNICIPALITIES

Municipal Calendar S

2 9 16

3 10 17

December 2018 T W T F 4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

S 1 8 15 22 29

7 14 21 28

M 1 8 15 22 29

December

January 2019 T W T F 2 3 4 5 9 10 11 12 16 17 18 19 23 24 25 26 30 31

S 6 13 20 27

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

DECEMBER 2018 2016

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)

also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172)

January

January 1 – New Year’s Day – State holiday (SDCL 1-5-1)

January 1 – The municipal fiscal year begins. (SDCL 921-1; See Hdbk., sec. 12.065)

January 1 – Special assessment installments which are payable under either the Plan One or Plan Two option are due. (SDCL 9-43-103; See Hdbk., sec. 12.160)

January 1 – The effective date of any new or amended municipal tax ordinance. The municipality must notify the Department of Revenue of the ordinance at least 90 days prior to the effective date. (SDCL 10-52-9; 10-52A-13; See Hdbk., sec. 12.260)

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) By January 15 – The secretary of revenue shall apportion

the money in the local government highway and bridge fund. (SDCL 32-11-35; See Hdbk., sec. 12.255(6))

Between January 15 and 30 – Publication of the notices of vacancies of the municipal election to be held in April is required to be published in the official newspaper once each week for two consecutive weeks between January 15th and 30th. This notice shall identify the vacancies to be filled and the time and place for filing nominating petitions. (SDCL 9-13-6; See Hdbk., sec. 7.650) Follow the Municipal Election Calendar for all election deadlines.

Third Monday of January – Martin Luther King, Jr. Day – State holiday (SDCL 1-5-1)

Utility board – Is required to make an annual report of its operations upon thirty days notice at the end of the fiscal year. (SDCL 9-39-29; See Hdbk., sec. 12.080)

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) Find the Municipal Calendar for the entire year in the SDML Handbook for Municipal Officials, Directory of SD Municipal Officials, or at www.sdmunicipalleague.org.

SOUTH DAKOTA MUNICIPALITIES

Let’s show the world what w we e can n do togetherr.. Day by day. Project by project. Together we’re renewing infrastructur Tog ure and keeping the world in business.

sehinc.com • 800.325.2055

SDML â€¢ 208 Island Drive Ft. Pierre, SD 57532

Periodical