South Dakota Municipalities – Dec. 2021

South Dakota

MUNICIPALITIES The Magazine of the South Dakota Municipal League

December 2021 | Volume 88 | Number 6

‘Tis the Season To prepare for the new year ■ ■ ■ ■

Annual Report Workshops ►p.25 Affiliate Memberships ►p.10 3G Phase Out ►p.28 Municipal Election Prep ►p.16

Dougherty & Company LLC is now Colliers Securities LLC We are excited to share that we have completed our previously announced agreement to join Colliers International. Dougherty’s senior leadership team will continue to drive operations and will remain significant shareholders. Colliers Securities will encompass all business previously conducted under Dougherty & Company, offering the same robust foundation in serving the needs of non-profits, units of state and local government and other tax-exempt entities.

For over 40 years we have served South Dakota’s local and state governments, school districts, counties and cities, underwriting over $6 billion in bonds for South Dakota public entities since 1990.

We look forward to serving South Dakota as part of the Colliers team!

Tom Grimmond Sioux Falls, South Dakota Phone 605.339.9800 | 800.339.1111 tom.grimmond@colliers.com

colliers.com Colliers Securities LLC is a Member SIPC/FINRA

Toby Morris Pierre, South Dakota Phone 605.224.5557 | 877.224.5557 tobin.morris@colliers.com

south Dakota Municipalities

DEC 2021

Official Monthly Publication | Member of National League of Cities Managing Editor: Yvonne A. Taylor | Editor: Emilie Miller

Features Board of Directors PRESIDENT Steve Allender Mayor, Rapid City

DISTRICT CHAIRS Dist. 1 | Mike Grosek Mayor, Webster

1st VICE PRESIDENT Amy Leon City Manager, Yankton

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

2nd VICE PRESIDENT Harry Weller Mayor, Kadoka TRUSTEES Karl Alberts Finance Officer, Aberdeen Christine Erickson Councilmember, Sioux Falls Fay Bueno Finance Officer, Sturgis Carolynn Anderson Finance Officer, Wall Leland Treichel Mayor, Roscoe PAST PRESIDENT Debbra Houseman Finance Officer, Lake Andes

Momentum is Growing, and So is Canton.......... 6 Deadwood Fund Grant....................................... 8 SDML Affiliate Membership Options................. 10 Municipal Election Calendar............................. 16 Municipal Election Resources Online............... 18 US Dept. of Commerce Awards Grants............ 24 Building and Maintaining SD Bridges............... 26 Urban and Community Forestry Grants........... 28 Municipal Day at the Legislature/Rib Dinner.... 29

Dist. 4 | Rebecca Brunsing City Administrator, Wagner

Columns

Dist. 5 | Renae Phinney Board President, Ree Heights

Dist. 7 | Gary Weismantel Mayor, Herreid

Director’s Notes..................................................4 President’s Report..............................................5 Risk-Sharing News...........................................20 SDPAA News....................................................30 SDMEA Hometown Power............................... 35 Washington Report | Rep. Johnson.................. 38

Dist. 8 | Brittany Smith City Administrator, Philip

Professional Development

Dist. 9 | Laurie Woodward Finance Officer, Custer

Annual Report Workshops................................ 25

Dist. 6 | Rick Boschee Mayor, Bowdle

Dist. 10 | Michelle DeNeui Finance Officer, Spearfish

league staff 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 Emilie Miller Director of Marketing and Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance David Pfeifle Executive Director Lynn Bren Deputy Director Kristina Peterson Underwriter Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant sdmunicipalleague.org | 1.800.658.3633 | Fax: 605.224.8655

In every issue Hometown Happenings...................................... 9 City Highlight | Custer....................................... 14 SDML Events Calendar.................................... 23 Directory Updates.............................................34 Classifieds........................................................39 Municipal Calendar...........................................45 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 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. Please recycle this magazine.

Cover photo: iStock.com/andriano_cz

sdmunicipalleague.org | 1.800.658.3633

3

COLUMN

DIRECTOR’S NOTES

Yvonne Taylor Americans seem to be spending a lot of time and effort lately to choosing sides and vilifying each other. Everything has been politicized.

During our recent annual conference, I was once again grateful to be in a room full of great Americans (and South Dakotans), and once again teared up at the presentation and retirement of the Colors, and the recitation of the Pledge.

I am not in a job where the Pledge of Allegiance is recited daily, but every time I hear it, it seems to be the answer to our public discourse. If we would all simply take these words to heart and realize that they express what we all agree on about the country we love, it would go a long way to getting us all back on the same team. Don’t just say it – say it and mean it.

I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

As we look to the next year, I hope all Americans spend some time thinking about these words and using them as our basis when we discuss the issues that matter to all of us.

Merry Christmas and happy New Year!

iStock.com/alexkich

Yvonne Taylor Executive Director yvonne@sdmunicipalleague.org

4

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

COLUMN

President’s report

steve allender Well, autumn is here and in our great state that means falling leaves and sometimes snow. I was meeting with someone at City Hall when I noticed it was snowing outside. During this meeting I joked that we would soon have our first complaint about snow removal, or the lack thereof.

The meeting ended about 30 minutes later and the call came in as predicted. Someone called and left a voicemail alerting us to the fact that it was snowing and we should probably start putting chemicals down and removing the snow from the streets.

Around this time of year I often conduct unofficial surveys of the vehicles traveling on the road.

When I sit at an intersection waiting for traffic to clear, I noticed how many of the cars are fourwheel drive. The results? About seven out of ten.

It seems odd that with the increasing number of four-wheel drive vehicles on our roads, there are also more complaints about snow removal. But then again, that’s the business we are in.

I realize there are areas of South Dakota where we experience “real” winter, but let’s face it: we are not Minnesota.

The same citizens that lust for freedom and oppose interference from government also want us to remove a half inch of snow from the road so that their four-wheel drive doesn’t have to be inconvenienced by it.

Government service is hard.

I think it’s important we keep all of this in perspective. Our community members are our customers. They are not, however, extremely informed when it comes to government services. They take essential services for granted, and complain about some fairly insignificant issues.

Not many folks understand what it takes to produce clean tap water and treat wastewater, but their ignorance is not their fault. Government does a relatively poor job of informing citizens of what we do for them. It’s only natural that people take things for granted.

It’s up to us to help them understand what they don’t currently know about government services - reaching them through social media, traditional media, public meetings, or other possible information outlets.

Or, we could just wait until it snows.

Steve Allender Mayor of Rapid City 2021-2022 SDML President sdmunicipalleague.org | 1.800.658.3633

5

momentum is growing,

and So is Canton

Republished from Around the Metro with permission from Sioux Metro Growth Alliance

The community of Canton has long been characterized as a friendly, mostly rural town, with tractor sightings as common as a cordial wave from the driver’s seat of one vehicle to a car headed in the opposite direction. Yet as more and more open fields give way to industrial parks and housing developments, the landscape of Canton is shifting, and the economic drivers that mark the town are changing, too.

Let’s take a look at a few specific initiatives that the city of Canton is prioritizing.

Housing Development

One of Canton’s key objectives for growth is expanding the housing options within Canton. According to Scott Larson, President of the Canton Economic Development Corp (CEDC), the CEDC is actively communicating with potential developers to construct singlefamily and multi-family homes in Canton. The completed mock-up

designs also incorporate affordable housing options and dedicated green space, including baseball and softball fields.

“We see a dire need for housing in Canton, so we’ve identified a 70-acre parcel on the east side of town to expand our community’s housing infrastructure,” said Nancy Bitterman, Community Bank President for Canton’s First Bank & Trust, who also serves on the CEDC. “Canton has a wealth of amenities, including the farmer’s market, the Performing Arts Center, and even the Celebrate Canton festivities that engage everyone in the community to participate, so it’s easy to see that investing in housing will continue to bring the community together.”

Plans for additional amenities near this housing development include hiking and biking trails, spanning from the east edge of town to the golf course, says Canton Mayor Sandi Lundstrom. The city is pursuing a state grant to establish

newton Hills State Park

these recreational amenities to add to the community’s appeal to area outdoor enthusiasts, who already come to town to enjoy camping and recreation at Newton Hills State Park.

Outdoor Amenities

In addition, the Canton community received exciting news in midSeptember: the town’s dream of bringing back a functional community pool grew $682,079.10 closer to becoming a reality.

This funding came in the form of a grant from FEMA’s Hazard Mitigation fund. The use of FEMA money for this project is permitted

Canton, SD

6

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

largely because the pool’s bathhouse will also function as a Category 5 Storm Shelter. After the community’s existing pool was deemed nonoperational and was demolished in 2021, Canton was without a pool this summer, and the pool fundraising committee has been working diligently to secure funding through a variety of sources for a new pool.

According to Mayor Lundstrom, the pool committee has now secured $4,179,095.91 in total for the project through a bond issue that was passed, as well as through donations and grants. This amount places the fundraising efforts just $101,904 away from fully funding the base pool project and $596,000 away from funding the full pool build-out. Canton’s pool committee has applied for additional grants to bridge the gap, and if all goes well, Mayor Lundstrom expects

construction on the new Canton swimming pool to start next spring, with the pool projected to open in 2023. The pool will be constructed in a more central location within the park, which also necessitates the relocation of playground equipment to an open space near the picnic shelters.

Such investments in infrastructure require community buy-in, and Canton definitely has that in the city’s favor, says Eric Pauli, Community Relations Manager for Xcel Energy.

“It’s exciting to see the city of Canton embracing investments in crucial infrastructure, like housing and roadways, but it’s also crucial to invest in infrastructure that can directly and positively impact a community’s quality of life,” Pauli said.

Lundstrom also says that work is underway to erect a new restroom,

Lincoln County Courthouse

storage, and concessions facility near the youth baseball and softball diamonds in the park. A group of citizens with building experience are donating their time and expertise to improve these amenities for athletes and sports fans alike.

canton (cont) 2023: Highway 18 Expansion

Another exciting development for the city of Canton involves the roads along Highway 18 that connect the community to Interstate 29.

Plans for the highway include an expansion to four lanes to and from I-29 and is slated to be completed in 2023. For Mayor Lundstrom, the potential benefits to the community of Canton are exciting to consider.

“I hope that the highway expansion to four lanes promotes retail visibility through the area for growth in town,” Mayor Lundstrom said. “Campers on their way to Newton Hills could stop to buy groceries, gas, and more. It is also my hope that the new road will provide a safer way to travel; we have a lot of traffic from Iowa traveling through our city, as we are right on the border of the two states. Additionally, our Industrial Park will benefit from the new four way highway: it will make for a smoother, more efficient and safer drive to and from the interstate. In all, the improvement of the Highway 18 corridor opens up development possibilities along the entire length that can benefit Canton in future housing development and employment opportunities.”

Bitterman also sees the benefits of this planned expansion.

“We’ve had four lanes of roadway through town for a while but having this extension all the way to Interstate 29 will improve accessibility and traffic flow to and from Canton,” she said.

Future Outlook

The excitement in the air for progress in Canton is palpable to residents and businesses alike, and this level of momentum bodes well for the future of the community.

State Historical Society announces Deadwood Fund grant applications PIERRE, S.D. – The South Dakota State Historical Society announces that the applications for the first round of the 2022 Deadwood Fund grant program are due on Feb. 1, 2022.

Grant forms are available online at https://history.sd.gov/ preservation/fundingopportunities.aspx.

The program is designed to encourage large-scale restoration or rehabilitation of historic properties by individuals, organizations, or public agencies, according to Ted Spencer, the South Dakota Historic Preservation Officer, whose historic preservation office administers the program.

Grants will be awarded in amounts ranging from $1,000 to $25,000. The grant amount must be matched on a dollar-fordollar basis from nonfederal and non-state sources. Nonprofit organizations will be allowed to use in-kind services for half of their match.

In 2020, $116,250 was distributed among eight projects, which resulted in a total public-private investment, awards, and match of $557,932.

Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state and distributed by the State Historical Society. There are two opportunities to apply for funding annually. The first deadline is Feb. 1 and the second is Oct. 1.

For information on the South Dakota State Historical Society’s Deadwood Fund grant program, contact the State Historic Preservation Office at the Cultural Heritage Center, 900 Governors Drive, Pierre, SD 57501-2217; telephone 605-7733458; email shpo@state.sd.us. ■

“I think Canton is in a prime position to capitalize on growing our community, both in housing and in business,” said Larson, who in his full-time capacity serves as the president of Sanford Health in Canton. “With anything economic development, developing relationships and having continued conversations with people gets us closer to our goal of creating more rooftops and bringing more businesses and jobs to our community.” ■ 8

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

HOMETOWN HAPPENINGS

iStock.com/treasurephoto

January travelsouthdakota.com

All Month

SNOWMOBILE TRAILS SEASON Statewide

01

Ends Jan 1 Christmas Light Show in Crystal Park Miller

28

from the SDML Staff

Jan 28-JAN 29 PRO SNOCROSS RACES Deadwood

06

Ends JAN 6 GARDEN GLOW Brookings

Thru FEB 6 BLACK HILLS STOCK SHOW & RODEO Rapid City

09

Ends JAN 9 WINTER WONDERLAND Sioux Falls

Ends JAN 31 PHEASANT HUNTING SEASON Statewide

31

Happy Holidays

Keep on top of what goes on under the Dome

Yvonne

Lisa

Carla

Subscribe to the SDML’s Legislative Update Email 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.

Chris

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. The emails are free, including an unlimited number of addresses to each city.

Photo by SD Tourism

To receive the Legislative Update, contact SDML Executive Director Yvonne Taylor at yvonne@ sdmunicipalleague.org. Be sure to follow Facebook and Twitter for up-to-the-minute updates. ■

Sandi

Lori M

iStock.com/lenapix

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

Lori B

Emilie

sdmunicipalleague.org | 1.800.658.3633

9

SDML Affiliate Membership Options Ten affiliate organizations enjoy the benefits 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. Many of the affiliate groups also meet at several other times during the year.

Visit www.sdmunicipalleague.org/sdmlevents for a current list.

Dues notices for the affiliates were recently sent to each city office and can be found under the Affiliates tab at www.sdmunicipalleague.org or by calling the League office at 800-658-3633.

SD Airport Management Association

The purpose of this association is: • Foster the planning, development, use and operation of public airports in the State of South Dakota; • Assist its membership in resolving problems though mutual experiences in airport operations; and • In cooperation with the South Dakota Municipal League, 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.

Community-Driven Solutions It’s important to have a partner who develops innovative solutions that bring local value to your community.

Architecture + Engineering + Environmental + Planning | ISGInc.com | 101 South Reid Street + Suite 202 + Sioux Falls | 605.274.6401

10

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

SD Building Officials’ Association

The purpose of the association is: • 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.

• 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 is to: • Increase the proficiency of Managers and Administrators of local governments; • Strengthen the quality of local government through professional management; • Encourage and support the precepts of the Council/Manager plan; • Maintain the high ethical standards of the profession of City Management; and • 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. sdmunicipalleague.org | 1.800.658.3633

11

Affiliate membership options (cont) 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; • Encourage professionalism with regard to the standardization of enforcement of environmental and housing codes; and • 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.

12

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

Affiliate membership options (cont) 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; • 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 • 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.

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 • 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 is to: • 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.

• Maintain a steadfast resolution to guard the rights, liberties, and welfare of all citizens; • 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 • 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 on affiliate memberships, visit www.sdmunicipalleague.org and look under the Affiliates tab. ■ sdmunicipalleague.org | 1.800.658.3633

13

CITY HIGHLIGHT

Custer

Custer City Today Ann Morrow

At an elevation of 5,315 feet, Custer City is the highest and oldest community in the Black Hills.

The small town of 2,200 people is steeped in rich, “old west” history.

Shortly after General Custer’s Expedition of 1874 and the discovery of gold (by Horatio N. Ross) in French Creek, gold-seekers flocked to Dakota Territory, and by mid 1875, there were hundreds of prospectors in the area.

The town’s site was platted, buildings were constructed, and streets were laid out at one-hundred feet wide to allow oxen-drawn wagon trains to turn around within the city. The community was referred to as Harney Camp and Stonewall prior to a meeting that took place on August 10, 1875, when the name Custer City was decided upon.

Pollock’s men for use as an Army post and Pollock allowed Captain Jack Crawford to take up residence in the cabin.

When Flick returned to Custer, he threw Crawford’s belongings into the street and filed a lawsuit, claiming the cabin was his. He ultimately won the case and took possession of the structure. Today, the Flick Cabin, known as the oldest building in the Black Hills, is located across the street from the 1881 Courthouse Museum at Way Park - in the heart of downtown Custer.

Construction on the original courthouse began August 1880, and

by January of 1881, county officials took possession of the building and moved into their offices. East and

west additions were constructed in 1915, and the building served as the Custer County Courthouse until 1975, when the new courthouse opened.

The Custer County Historical Society requested the old building be turned over and converted into a museum to preserve local history.

The museum opened in 1976, and to this day, houses a treasure-trove of Dakota Territory and Custer County history.

Custer’s rich past, incredible scenery and close vicinity to attractions like Mount Rushmore, the Mickelson Trail, and Custer State Park, continue to make the small town a popular destination for adventure seekers. ■

In 1876, the city’s first officials were elected, a stagecoach line began operation, and the first community in the Black Hills quickly grew to a population of more than 10,000.

That same year saw the second civil lawsuit in Custer. Dr. D.W. Flick had begun constructing a cabin in the area when he had to leave town. It was finished by Captain 14

1881 Courthouse Museum in Custer. Photo by Ann Morrow.

Your city could

be featured in 2022!

Email emilie@sdmunicipalleague.org to sign up

RELIABLE, PRODUCTIVE & EASY TO OPERATE

950 GC WHEEL LOADER The Cat ® 950 GC wheel loader is designed specifically to handle all the jobs on your worksite from material handling and truck loading to general construction and stockpiling. Great machine performance combined with the low owning and operating costs makes the 950 GC the right choice for your business.

LEARN MORE ABOUT THE 950 GC, AND OTHER MEDIUM-SIZED WHEEL LOADERS, AT BUTLERMACHINERY.COM

2022 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.

Both jurisdictions have to agree to combine.

APRIL 12 Second Tuesday in April (a school may combine with you on this date)

JUNE 7 First Tuesday after the first Monday in June (may combine with School)

JUNE 21 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

No later than January 14

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)

Between the dates of January 15th & 30th

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

Between the dates of March 15th & 30th

January 28th

March 1st

April 7th

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)

(FRIDAY) Feb. 25th 5:00 pm

(TUESDAY) March 29th 5:00 pm

(FRIDAY) May 13th 5:00 pm

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.

Feb. 25th 5:00 pm

March 29th 5:00 pm

May 13th 5:00 pm

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.

Within 15 days of filing nominating petition

Within 15 days of filing nominating petition

Within 15 days of filing nominating petition

Have you ordered your election kit? McLeod’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. Absentee materials may not be included in the election kit.

(05:02:10:01.03)

Order so you receive before absentee voting begins

Order so you receive before absentee voting begins

Order so you receive before absentee voting begins

Once you know you have an election, you must draw for candidate order on the ballot.

Each candidate or candidate representative may be present. (9-13-21)

Draw after petition filing deadline

Draw after petition filing deadline

Draw after petition filing deadline

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 the election board. (9-13-16.1) The county auditor may have election worker names.

Anytime

Anytime

Anytime

First publication of voter registration notice. Must be published for two consecutive weeks. (12-4-5.2 & 05:02:04:04)

Between the dates of March 7th & 11th

Between the dates of May 2nd & May 6th

Between the dates of May 16h & May 20th

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)

Between the dates of March 14th & 18th

Between the dates of May 9th & 13th

Between the dates of May 23rd & May 27th

March 28th by 5:00 pm

May 23rd by 5:00 pm

June 6th by 5:00 pm

(NOTE: confirm that all notices have been received and published by the paper: ask for a confirmation email) Earliest date for candidate to sign the declaration of candidacy, to begin petition circulation and earliest date to file nominating petition. (9-13-9, 9-13-40, 9-13-37, 13-7-6; 05:02:08:13 and 05:02:08:11)

Deadline for voter registration. (12-4-5)

16 S O U TofHState D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1 South Dakota Secretary

last updated August 5, 2021

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.

March 28th

May 23rd

June 6th

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) (Note: May 30th is Memorial Day)

Weeks of March 28th & April 4th

Weeks of May 23rd & May 30th

Weeks of June 6th & June 13th

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)

Week of April 4th

Week of May 30th

Week of June 13th

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)

Conduct test anytime between April 2nd- 11th

Conduct test anytime between May 28th–June 6th

Conduct test anytime between June 11th – 20th

April 11th by 5:00 pm

June 6th by 5:00 pm

June 20th by 5:00 pm

APRIL 12

JUNE 7

JUNE 21

APRIL 12

JUNE 7

JUNE 21

April 19th

June 14th

June 28th

Issue certificates of election. (9-13-5 & 9-13-28; 05:02:15:08 & 05:02:15:09) (Appointed candidates do not receive a certificate.)

Within 2 days after canvass

Within 2 days after canvass

Within 2 days after canvass

In a first class municipality, an official must file an Elected Official Financial Interest Statement (3-1A-4). The financial interest statement is filed with the person in charge of the election and a sample form can be found at sdsos.gov.

Within 15 days of taking oath of office

Within 15 days of taking oath of office

Within 15 days of taking oath of office

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 (local time).

until 3:00 pm

until 3:00 pm

until 3:00 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 to person in charge of the election.

Deadline for official canvass. (9-13-24)

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). Additional information on combining elections may be found at: https://sdsos.gov/elections-voting/assets/CityandSchoolcombinedelectionQ&A.pdf 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). 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.

Petitions: To check the registration status of the candidate and petition signers (NEW: Finance Officers are required by law to do this for candidate petitions), per 05:02:08:00, 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. Elections@state.sd.us 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.

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 & Voting then the City/School Resources button.

South Dakota Secretary of State

last updated August 5, 2021

Municipal Election Resources Available online

iStock.com/SeventyFour

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.

An abundance of municipal election resources are available at the click of a mouse. Visit www.sdmunicipalleague.org/library and look under the Elections section for these resources and more.

1. 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, Election Day Precinct Manual, Election Worker Training PowerPoint, and more.

2. Election School PowerPoint Presentations

This link is to the most recent PowerPoint presentations from each year’s Election School.

3. 2022 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 petitions, availability of absentee ballots and other election related timelines.

4. How to Circulate a Nominating Petition

This document, created by the Secretary of State’s Office, provides 18

specific guidelines on timeframes, circulator requirements, signer requirements and filing requirements.

5. 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.

6. What Happens If No One Files a Petition?

This document provides information regarding statute for the process for appointment of elected officials in the event of a vacancy.

7. 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

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

20. Oath of Office

This is a sample oath to use for elected or appointed municipal officials.

21. 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. ■

15. 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.

16. 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.

17. Absentee Ballot Log (Sample)

From our very beginning we’ve focused on

WHAT’S IMPORTANT...

To us, your project isn’t a job - it’s an opportunity to make a positive impact, protect future generations, and ensure the vitality of where we live and work.

This document provides a template to use for an Absentee Ballot Log.

18. Elections Supplies List (Sample)

This document provides a good list to start from for creating your own Election Day supplies list.

19. 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.

Providing water engineering and related services to help clients achieve success.

WATER ENGINEERING | CIVIL ENGINEERING | LAND SERVICES | SURVEY/MAPPING/GIS MUNICIPAL FINANCIAL SERVICES | ASSET MANAGEMENT | INSTRUMENTATION & CONTROLS ELECTRICAL ENGINEERING | STRUCTURAL ENGINEERING | COMMUNICATION SERVICES

Advanced Engineering and Environmental Services, LLC. South Dakota Offices: Rapid City, Sioux Falls, Spearfish

www.ae2s.com

sdmunicipalleague.org | 1.800.658.3633

19

COLUMN

Risk-shari ng news

Tracie Everson, Safety Benefits, Inc.

The Importance of Documentation If you’ve worked in the public sector for any length of time, you know that a great deal of what your entity (whether township, city, county, conservation district, or special district) does must be documented. Public entities are required to post meeting notices and take accurate minutes of most meeting proceedings.

Financial activities must be accurately documented.

Employee recruitment in compliance with the Equal Employment Opportunity Commission (EEOC) involves job postings and documentation of the hiring process.

A workplace injury prompts the completion of a first report of injury that is then submitted to the State of South Dakota.

WANT AFFORDABLE HOUSING FOR YOUR COMMUNITY? START THE DISCUSSION WITH SDHDA AND TAKE THE NEXT STEP • Housing Needs Studies • Multifamily Housing Units • Single Family Homes • Home Rehabilitation

S O U T H

D A K O T A

D E V E L O P M E N T

A U T H O R I T Y

A lot of material has been developed and training sessions are held regularly to ensure those working in certain roles in the public sector understand the many documentation requirements. Far less is available to teach us about informal documentation that should be taking place in our jobs. Informal documentation often involves using prepopulated checklists (so you know what to look for), safety audits, and vehicle inspections.

Though in many cases it is not technically “required” informal documentation is a good business practice.

Most of us have heard the cautionary statement: “If it isn’t documented, you didn’t do it.” Safety Benefits, Inc. (SBI) provides safety and loss control services on behalf of the South Dakota Public Assurance Alliance and the SDML Workers’ Compensation Fund. When we visit members of these risk sharing pools we prefer to say, “Get credit for what you are already doing!”

Many members put in the effort to do things like safety audits and vehicle inspections but aren’t writing them down. The information below is designed to help you understand why it is a good idea to document certain activities.

Why is documentation so important?

Good documentation can support an entity’s decision or action in the event it is challenged by a claim or lawsuit.

In either case, the opposing party will want to prove the entity was negligent. Negligence can be defined as a failure to exercise reasonable care in one’s actions, resulting in injury and damage to another person or property. Documentation can offer support that an entity did exercise reasonable care.

Who should be doing this and what might such documentation look like?

The information below is certainly NOT an exhaustive list, but it will hopefully get you thinking about those things your department or entity should be writing down.

sdhda.org 20

HR / Supervisors • Functional Job Descriptions – It can be difficult to hold an employee accountable for job tasks and responsibilities if they haven’t been clearly explained

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

to the employee. A written job description provides a guide for the expectations of supervisor and employee.

• Performance Management – Not only is it important to document those things on which an employee needs to improve, positive behaviors should be documented to support things like salary increases and promotions.

• Confirm Understanding of Policies – When providing an employee with written personnel policies, have the employee sign a form acknowledging the receipt of and duty to read and understand the policies. Holding an employee accountable is more difficult when there is no proof the employee actually received information about the behavior in question.

Public Works / Streets / Highway • Vehicle/Equipment Inspections and Repairs – Documenting inspections of vehicles and equipment is essential to proving the entity is taking care to keep these things safe for both employees and the public. When an inspection identifies the need for a repair, the repair should also be documented as proof that the issue found during inspection was acted on appropriately.

• Preventive Maintenance Schedules – Ongoing maintenance ensures that vehicles and equipment are

in safe operating condition. Documenting preventive maintenance activities shows the entity is taking both safety and the entity’s investment in equipment seriously.

• Roads –General road conditions (breakups, potholes), culverts, curbs, and signage should be inspected regularly and any hazards identified and addressed.

When a hazard cannot be eliminated, it is still important to document the steps taken to mitigate the hazard.

• Sidewalk Inspections – Inspect sidewalks regularly for trip and fall hazards. Unscheduled inspections might be prompted by complaints from the public. Be sure to not only document the hazards, but also the steps taken to remedy the hazards.

• Audits of Garage/Shop – Regular hazard inspections are important to ensure the workplace is safe for employees. Hazards identified (trip, fire, housekeeping, power tools, equipment, electrical, etc.) should be addressed.

• Safety Meeting Rosters – Regular safety meetings are a proven way to keep safety and loss control on employees’ minds. When a safety meeting is held, write down the date, the meeting topic and the names of employees in attendance. This provides a record of the entity’s efforts to involve employees in promoting a safe work environment.

SAME

people,

NEW

services.

IMEG is the leading U.S.-based design engineering firm delivering that rare combination – the broad expertise of a national leader with the personal relationships and deep collaboration of a local firm.

Find out more, visit imegcorp.com.

formerly

The FUTURE. Built Smarter.

risk-sharing news (cont) Water / Wastewater • Lift Station Inspections/Hour Meter Readings – Regular documented inspections and meter readings at lift stations show the entity is taking care to monitor this important service.

• Alarm/Caller – Actions taken in response to any alarm notification from a lift station should be documented.

Such records will support that the entity acts in a timely manner to prevent potential emergency situations with the lift station.

• Jetting Sewer Lines – This documentation shows the entity is working to ensure sewer lines are in good operating condition (to prevent sewer backups into local homes and businesses). The location of the lines jetted, conditions identified and any follow up action needed/taken should be documented.

• Flushing & Flow Testing Hydrants – Keep copies of public notices announcing hydrant flushing. The results of flow testing should be documented to confirm the entity is ensuring a sufficient water flow in the event a hydrant must be used to fight a fire.

• Maintenance – Equipment and property repairs and replacement (whether unexpected or planned) should be documented. Then if an event occurs and causes injury or property damage, the entity may be in a more defendable position being able to prove that repairs and replacements were conducted regularly.

Park & Recreation • Playgrounds – Regularly inspect playground equipment, ground cover, and the area in general.

Document hazards identified and steps taken to eliminate the hazards.

• Written Playground Plan – If equipment is out of compliance and replacement is planned, document that the entity is planning for removal/replacement of the noncompliant item(s).

• Sports Fields – Regular inspections of bleachers, dugouts, storage buildings, concession stands and fencing are important, especially during times of high use. Steps taken to eliminate or at least mitigate any hazards identified should be documented. It is important to document inspections even when no hazards are found. Documentation can show there were no issues identified when the area was last inspected. A claim can be more defendable if the entity is able to show that inspections are conducted on a regular basis. It demonstrates the entity is taking care to consistently ensure the safety of the area.

• Swimming Pool – Similar to sports fields, regular documented inspections of the pool, pool deck, any water features and locker rooms are important during times of high use.

22

• Signage – Because signage in park and recreation areas can be essential to the safety of users, the inspection of signs and documentation of conditions as well as planned replacement should be done regularly.

General • Citizen Complaints – Documenting complaints and concerns from citizens is important because it shows the entity is taking the concern seriously. Actions taken (or reasons for not acting) to resolve a citizen’s concerns should be documented as well.

• Safety Audits / Inspections – Not every entity has numerous departments with each conducting a specific function. Small entities need to conduct documented safety inspections a well. Such an inspection will look a little different when done at a city with 2 employees versus a county with 75 employees. But the goal is the same: identify hazards and act to eliminate them.

• Incident/Injury Investigations – Submitting a first report of injury following an injury in the workplace is required in South Dakota. An added step that should be taken is a documented injury investigation. Think of it as documenting the who, what, when, and where with the goal of preventing that injury from occurring again in the future.

Questions about the importance of documentation and requests for sample forms to assist with the process of documenting can be directed to Safety Benefits, Inc. at 605.334.9567 or 1.888.313.0839. ■

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

SDML EVENTS

Upcoming SDML EVENTS dec

8

Joint SDML board meeting with county association

Feb

View event details and the full calendar at www.sdmunicipalleague.org/SDMLevents

1

legislative rib dinner

2

Municipal Government Day at the Legislature

3

election workshop #3

15

election workshop #4

Webinar

17

election workshop #5

Annual Report Worshop Small Cities

24

election workshop #6

Pierre

9

election workshop #1

15

election workshop #2

2022

Jan 5

Webinar Webinar

Mar

Annual Report Worshop Large Cities, Cash Basis Webinar

6 13

Annual Report Worshop Large Cities, GAAP Basis

Webinar

Fort Pierre

Pierre

Webinar Webinar Webinar Webinar

sdmunicipalleague.org | 1.800.658.3633

23

South Dakota Receives Economic Development Administration American Rescue Plan Funding to Support Statewide Economic Development Planning WASHINGTON – U.S. Secretary of Commerce Gina M. Raimondo announced in early November that South Dakota will be awarded $1 million in American Rescue Plan grants from the Department’s Economic Development Administration (EDA). A total of $30 million will be awarded to 30 states and territories across the nation to support statewide economic development planning efforts.

The funding will assist communities nationwide in their efforts to build back better by accelerating the economic recovery from the coronavirus pandemic and building local economies that will be resilient

to future economic shocks, boost economic development, enhance U.S. competitiveness, combat the climate crisis, and recover from the pandemic.

Projects vary in scope based on locally driven needs. For example, Nebraska and Delaware are both utilizing parts of the funding for a skills-gap analysis to identify the gaps between the jobs that businesses need to fill and the trained workforce in the state, Idaho and Oregon are utilizing the funding to support broadband planning, Washington is building the first statewide innovation cluster development program to accelerate

Industry Leader In Public Entity Software Serving

South Dakota LOCAL GOVERNMENTS,

and Sewer & Water Districts FOR OVER 30 YEARS

Online Support Onsite Training Data Conversions User Defined Reports Customized State Reports New Enhanced Features Online Updates Cloud Computing Options

24

the scaling of industry in the state.

All 59 states and territories were invited to apply for a $1 million grant through EDA’s Statewide Planning program—one of six programs EDA developed to equitably distribute its $3 billion in American Rescue Plan funding. On October 24, EDA announced $24 million in initial statewide planning grant investments covering 24 states.

Remaining grants will be disbursed in the coming weeks and months.

For more about EDA’s Statewide Planning grant and other American Rescue Plan programs, please visit: https://www.eda.gov/arpa/. ■

Fund Accounting Utility Billing - Payroll Permits - Inspections Management Cemetery Management Code Enforcement / Violations Point of Sale - Meter Device AMR or AMI Interfaces Utility eBills - Fixed Asset - Direct ACH Deposit Online Payments - Pet Licensing - Payroll Email Notice Direct ACH Payments - Secure Vault Data Backup Service Orders - Federal & State Reporting

Call (800} 658-3633

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

PROFESSIONAL DEVELOPMENT

2022 Annual Report Workshops The South Dakota Municipal League and the South Dakota Department of Legislative Audit are cosponsoring on-line Zoom 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 have available 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.

• Wednesday, January 5, 2022 10:00am - 12:00pm CST Large Cities (GAAP Basis): Those with $600,000 or more in revenue.

• Thursday, January 6, 2022 10:00am - 12:00pm CST Small Cities: Those with less than $600,000 in revenue.

• Thursday, January 13, 2022 10:00-11:00am CST DEADLINE for Registration is ONE WEEK PRIOR to each meeting.

-Those who register to attend will be emailed the Zoom login information one week prior to each workshop.

Annual Report Workshops Registration MUNICIPALITY _____________________________________________________________________________ Name

Title

Email

________________________________________ _____________________ ____________________________ ________________________________________ _____________________ ____________________________

CHECK ONE:

_____ January 5

_____ January 6

_____ January 13

Please return to: South Dakota Municipal League, 208 Island Drive, Fort Pierre, SD 57532, Fax: 605-224-8655 email: lisa@sdmunicipalleague.org

sdmunicipalleague.org | 1.800.658.3633

25

Building and Maintaining South Dakota’s Bridges to Connect People and Businesses

Stephen Dupont

It’s big, it’s beautiful and it’s a bit wild. It’s South Dakota, a state with a population of 885,000 that feels like one big, small town.

Connecting one end of the state to the next, there are 5,880 bridges of which 17.7% have been identified as structurally deficient, according to the National Bridge Inventory report published by the American Road and Transportation Builders Association (ARTBA).

To Vanessa Victor, the report comes as no surprise. Victor is an engineer specializing in bridges with Fargobased engineering firm Ulteig, who calls Watertown, SD, her home.

“We have a lot of bridges that were built more than 70 years ago and they’ve aged over time,” said Victor.

“We also have an expansive state with a relatively small population.

So, when you look at traditional funding for new bridges and bridge repair, combined with the amount of traffic that these bridges get, there’s a bit of a gap.”

BIG program. Every year, counties throughout the state compete against each other to obtain funding for their bridge projects based on a $15 million pool of funding,” said Victor.

federal government granted South Dakota $34 million in 2020 and $28 million in 2021. Additional funds may be awarded to the state with the passage of a $1+ trillion infrastructure bill later this year.

“It’s a fairly competitive program,” Victor added. “To participate, South Dakota counties must create a fiveyear plan for the bridges within their jurisdiction and institute a wheel tax. If a county’s residents vote against a wheel tax (based on the number of axels and the weight of the vehicles crossing a particular bridge in any given year), a county will not be eligible to participate in the program.”

“It was a godsend to the state,” said Victor. “The majority of these funds are being allocated for local bridges.

With these funds, counties do not have to institute a wheel tax, which allows for more eligible bridges.

Counties must submit an estimate to build, replace or maintain a bridge and the state will administer federal funds to pay for 18% of the construction costs. The program also includes the removal of bridges that are no longer needed.”

The program also factors in other important variables, such as the age and deterioration of a bridge, and the travel inconvenience if the bridge had not been built in the first place.

As an engineering consultant specializing in bridges, Victor has spent the majority of her career helping municipalities, counties and states throughout the Midwest understand how to design bridges and how to obtain the maximum life out of bridges, considering tight budgets to maintain them.

“The most important element of this program is that it guarantees a flow of funds dedicated to bridge repairs in local counties,” said Victor. “While many, including myself, wish the state legislature would dedicate more funds for bridge repairs in South Dakota, the program is a good start toward addressing the state’s problem bridges. And, it does not rely upon additional funds from the federal government.”

South Dakota Steps Up with Bridge Funding

Federal Influx of Funding

“In 2015, the South Dakota legislature passed a new program for funding local bridges called the 26

Citing a need to help states keep up with replacing and maintaining structurally deficient bridges, the

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

According to Victor, the application deadline for the federal funding has already passed for the year. But, all municipalities and counties should take a close look at their highest priority bridge projects and prepare estimates for future federal funding.

Infrastructure Bill: Doubling Down on More Bridge Funding

With the infrastructure bill currently being debated in Congress, South Dakota and other states will have the potential to inject even more funds into replacing and repairing their bridges.

“While we don’t know the exact amount that may come to South Dakota for bridges,” said Victor, “those additional funds could really help us improve our local bridges, which are in much poorer condition

entice contractors to mobilize to the region.

Crews work on a bridge replacement project in Union County, SD. Ulteig performed a hydrologic/hydraulic analysis of the site, prepared the construction drawings and bidding documents, and performed the construction engineering.

than the bridges on our state highway system.”

However, while the additional funding would be very welcome in South Dakota, it comes with its own set of complexities – namely, bodies and material to get the work done. At the heart of the additional funding is the intention of getting more people back to work, in light of the economic consequences of the pandemic.

“All states will get money for bridges,” said Victor. “That means neighboring states, too, such as Minnesota, North Dakota, Iowa, Nebraska and Wyoming, which will all be vying for bridge contractors to complete their work. If the infrastructure bill funds need to be spent by a certain date, this will put even more pressure on states to find contractors to get their work done.

In South Dakota, we only have six local bridge contractors and the bridge contractors in other nearby states would likely be tapped out as they focus on projects closer to home.”

With all of this competition for bridge contractors, it’s likely the state as well as local counties and municipalities will need to become more creative and flexible to get their attention in a low-bid environment.

“The state may need to bundle several bridges together into one project to attract bids from regional bridge contractors who may also be submitting bids for bridge projects in other states,” said Victor.

“On the other hand, bridge contractors are facing a dilemma, too – finding enough qualified workers to do the work,” Victor added. “The construction trades in the Upper Midwest, as well as in many other parts of the country, are facing a shortage of workers.”

Prepare Funding

for

More

To prepare for an additional influx of infrastructure spending, Victor recommends that South Dakota municipality, county and state officials take the following action now: 1. Get Your Priorities Straight – Because federal funding may come with spending deadlines, it’s important now for municipalities and counties to line up their projects and get them shovel ready. The recent rounds of additional federal funding were not expected. Having a transportation plan with associated cost estimates will help the process immensely. Additionally, it will aid in knowing if there are structures in neighboring counties that could be constructed at the same time to

“If there’s a project or two that must get done,” said Victor, “do the work now in anticipation that funding is coming, and then be ready to submit your applications. The trend for funding is that it will be available for your project, so it’s really about putting your project in the spotlight to be constructed.”

2. Take Advantage of Low-Hanging Fruit – Victor advises her clients to prioritize their projects, but within that, don’t overlook low-hanging fruit opportunities to check some projects off the list.

“For example, I would take advantage of South Dakota’s bridge removal program. If you’ve identified a bridge that’s not needed anymore, use the funding to remove it, which will, in turn save your county and the state ongoing maintenance and inspection costs. It’s like a ‘two-fer.’”

3. Keep it Simple – With the potential for more funding, Victor strongly recommends putting functionality over design aesthetics.

“Knowing the strain this will put on our local bridge contractors, I’d recommend designing and engineering bridges that are economical, efficient and get the job done. As federal funding pours into other states, it may be difficult to obtain bridge contractors, so now is the time to focus on simplicity and functionality.” ■ Ulteig’s Bridge team serves clients in all 50 states and Canada from 13 offices.

The team designs bridges and structures for motorized vehicles, pedestrians and bicycles, trains, and to enhance water flow and systems. In addition, the Ulteig Bridge team conducts bridge inspections and advises federal, state/provincial, county and municipal bodies about bridge maintenance, aging, and replacement. Visit the Ulteig.com website to learn more about their bridges and structures capabilities.

sdmunicipalleague.org | 1.800.658.3633

27

DANR Announces Dec. 17 Deadline for Urban and Community Forestry Grants

Plan ahead for 3G Phase Out PIERRE, S.D. – The South Dakota Public Utilities Commission wants South Dakotans to be aware that all major mobile carriers, including AT&T, Verizon and T-Mobile, plan to phase out their 3G networks in 2022. The decommissioning of 3G networks, which rely on older technology, is part of a larger plan that will allow providers to focus more of their resources on building out newer networks, like 5G, to meet consumer demands instead of maintaining an older one. As a result of this change, older phones that require 3G networks to operate will lose service.

PIERRE, S.D. – Funding for new community forestry projects is available through the South Dakota Department of Agriculture and Natural Resources (DANR) 2021 Urban and Community Forestry Comprehensive Challenge Grant program.

The application deadline is December 17, 2021.

The Challenge Grant program helps recipients solve specific community forestry problems or demonstrate the importance of trees and urban forests in our communities. Grant funds must be used for trees or tree management on public land or in public right of ways. Funds can also be used for professional services, tree inventories and assessments, existing tree care and maintenance, training and education, and new tree plantings.

“If you have an older mobile phone, you may need to upgrade your device before mobile carriers shut down their 3G network to avoid losing service. Once your carrier makes this change, older phones, including 3G mobile phones, will be unable to use data services and make or receive calls and texts, including calls to 911,” explained PUC Chairman Chris Nelson. “Some older 4G mobile phones that don’t support faster technology may also be affected,” Nelson continued.

Communities, tribes, and non-profit organizations are eligible to apply. Projects must follow the guidelines for Community Forestry Challenge Grants. These guidelines, the grant application, and a guided scoring system to assist applicants are available online at:

Specific deadlines for this transition vary by company. Sprint, which is owned by T-Mobile, has announced that it will shut down its 3G network by Jan. 1, 2022. AT&T will follow suit phasing out 3G

by February 2022. Verizon will end 3G service by Dec. 31, 2022. T-Mobile also plans to phase out its 2G and 3G networks, but has not yet announced a deadline.

https://danr.sd.gov/Conservation/Forestry/ UrbanandCommunityForestry/ ComprehensiveChallengeGrants/default.aspx Communities must provide equivalent match for all funds awarded. Match may be cash or in-kind contributions.

For more information on the planned phase out of 3G cellular networks, see the FCC’s guide “Plan Ahead for Phase Out of 3G Cellular Networks and Service” at fcc.gov/telephone. ■

DANR’s Urban and Community Forestry Comprehensive Challenge Grant is an ongoing program. During the previous grant cycle DANR awarded $20,000 for 8 projects across the state.

Serving South Dakota communities and their public libraries.

For more information, please contact John Hartland at 605.362.2830 or John.Hartland@state.sd.us. ■

Check out our resources on library.sd.gov

Do you have city news to share?

Let us know! info@sdmunicipalleague.org 28

S O U T H D A K O TA M U N I C I PA L I T I E S SDSL_1-8ad.indd 1

Pierre | 605-773-3131 |

12/10/2020 4:28:20 PM

SDML

South Dakota Municipal League RIB DINNER WITH YOUR LEGISLATORS

Mayors, councilmembers and all municipal employees, please join us Tuesday, February 1, 2022 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 2, 2022.

2022 MUNICIPAL GOVERNMENT DAY AT THE LEGISLATURE Wednesday, February 2, 2022 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.

AGENDA Tuesday, February 1, 2022 (all times listed are Central Standard Time) 5:00 p.m. to 6:00 p.m.

Registration Drifters Bar & Grille, Fort Pierre

5:30 p.m.

Legislative Briefing Drifters Bar & Grille, Fort Pierre

6:00 p.m.

Rib Dinner Drifters Bar & Grille, Fort Pierre

Wednesday, February 2, 2022 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.)

Register online at www.sdmunicipalleague.org/register *Please register by Tuesday, January 25, 2022. Rib Dinner registration is $30.00 per person. *Online registration allows you to pay by credit card or indicate that you will be sending in a check.

No refunds will be given after January 25, 2022.

Accommodations: A block of rooms has been reserved at the Ramkota Hotel in Pierre (605-224-6877) for Tuesday, February 1, 2022 (room block release date is January 1, 2022). Room rate is $94.00 plus tax. Be sure to mention the SD Municipal League 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.

208 Island Drive, Ft. Pierre, South Dakota 57532 • 605-224-8654 • fax 605-224-8655 • Lisa@sdmunicipalleague.org

sdmunicipalleague.org | 1.800.658.3633

29

COLUMN

SDPA A News

lynn Bren deputy director SD Public Assurance Alliance Risk Management: Are you prepared for what could change “In the Blink of an Eye?” “In the Blink of an Eye” was the 2021 Joint Safety and Risk Management Conference title. The Joint Conference is hosted every other year by the SD Department of Risk Management, Associated School Boards of South Dakota, SDML Worker’s Compensation Fund (SDML WC FUND), and the South Dakota Public Assurance Alliance (SDPAA). Members of the SDPAA and SDML WC Fund come together each year to recognize those who have continued to work hard to ensure that their entities maintain a safe environment, not only for staff but also for citizens and other visitors.

There were approximately 300 attendees at this year’s conference.

The joint conference offers not only the opportunity to expand their knowledge on current trending safety issues but also offers an opportunity for networking with other local government entities and fostering working relationships that focus on creating a safer tomorrow for today’s citizens.

After opening remarks, Kevin Kinney and Isaac Kurtz with South Dakota Highway Patrol provided a general session presentation that discussed the consequences of distracted and impaired driving. Keeping with the theme of “In the Blink of an Eye,” they showed attendees how a fraction of a section can change a life forever. The session covered how distracted and impaired driving affects our ability to safely operate a motor vehicle. They discussed how drugs, alcohol, and distractions delay reaction times and the impact those delayed reactions have on your ability to save or take a life. After their presentation, they invited attendees to participate in a simulator activity that involved go-carts in the parking lot. Many attendees were humbled by the true impact being impaired or distracted had on their ability to navigate the course.

Governor Kristi Noem joined the directors from each of the hosts in welcoming attendees to the conference. Each expressed gratitude toward all who serve the public and applaud the commitment that each of us makes daily to ensure that we are putting forth the safest environment for those we serve.

After some wonderful refreshments provided with the support of the conference sponsors, attendees were given the option to choose one of three breakout sessions.

Breakout sessions for Wednesday afternoon covered cyber security, school security, and trending issues for property and liability claims. Cory

30

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

Beck and Chris Madsen provided an interactive experience for their attendees while providing some insight and training on trends on property and liability claims.

Back by popular demand, Paul Timm with Facility Engineering Associates focused on collaboration, awareness, and student involvement as tools for approaching school safety and security. His presentation focused on key topics such as photographic vulnerability identification and lessons learned during the pandemic. Mr. Timm’s presentation was interactive and showed attendees how to address current security issues and implement sitespecific strategies.

Michael Phillips with Resilience Cyber Solutions brought to our attendees some information on the current cyber threats facing our communities today. He provided examples of how these cyber threats have impacted others with real-life examples of threats and attacks which he had the privilege of working through. He discussed what attendees can do to help protect their entities and also provided some examples of how to deal with security issues including how to avoid phishing and how to use devices securely.

Closing out the first day of presentations, Rob Anderson with May Adam Gerdes and Thompson, LLP lead a cast of entertaining characters who worked through a mock trial situation. The participants of the mock trial helped attendees understand that employment matters such as ADA compliance and how the pandemic-tested policies and procedures of many employers are no joke. Participants in the mock trial included Rob Anderson, Plaintiff Counsel; Justin Bell, Defense Attorney; Mike Shaw, Economist; Sara Brusseau, CPN for the plaintiff; Jerry Krambeck, former Supervisor of the Plaintiff; and Lynn Bren, Plaintiff.

Members of the SDML WC Fund and SDPAA enjoyed dinner which recognized award winners who had not previously received their award certificates during the SDML Annual Convention or the SDACC/

SDACO Convention held earlier this year. Attendees enjoyed a brief presentation by Safety Benefits Vice President Tracie Everson, and then a wonderful Thanksgiving-style dinner. For full details on the winners of this year’s Safety Awards, please visit the SDPAA website and check out the News section.

Thursday morning, conference attendees were welcomed back with an amazing presentation by Michael Fann, President and Chief Encouragement Officer of Public Entity Partners. Mr. Fann provided attendees with an entertaining yet eye-opening presentation that demonstrated that the morale of your organization rises and falls on individual attitudes. The presentation highlighted that improper behavior can be the cause of most work environment conflicts, and that the only person who can fix your improper behavior is you. Mr.

Fann offered attendees evaluation points and action steps to help enhance the work environment and to move toward a more productive, positive, and safer culture.

After more delicious refreshments were enjoyed, breakout sessions were once again held for attendees to select. Mr. Timm provided a second breakout session, this time focusing on how 2020 exposed the need to update our emergency plans. Mr. Timm discussed that most were not prepared for school closings, civil disturbances, and the kind of business continuity needs that we faced. Mr. Timm provided insight on how to effectively develop emergency and continuity plans, and the supplies needed to carry out those plans.

Tracie Everson, Safety Benefits, Inc., and Brad Wilson, Insurance Benefits Inc., shared time during

by We bring all aspects of great design together and incorporate an artistic vision into everything we do.

sdpaa news (cont) their breakout session. Attendees learned the importance of properly documenting decisions and actions within the workplace and beyond.

Mr. Wilson provided an overview and explanation of the First Responder Assistance Program which is offered to members of the SDML Workers Compensation Fund program, at no cost to First Responders and their loved ones.

Mr. Phillips also returned for day two of the conference. During his second breakout, Mr. Phillips focused on ransomware. Using his knowledge and experience, he offered shocking information about the costs associated with ransomware claims, an inside view of what happens during negotiation of a ransomware claim (What?!

These can be negotiated?!) and

32

what attendee responsibilities are and how they can help to protect their entities, and themselves, from becoming victims of a ransomware situation.

The session this year was closed

by Keynote Speaker Tony Crow. Mr. Crow provided a heart-wrenching message showing the importance of safety, not just at work, but 24/7, and how “In the Blink of an Eye” his entire life changed. Mr. Crow provided a detailed account of how one choice caused his and the lives of his family and friends to change forever.

Through his non-profit corporation INJAM (It’s Not Just About Me), Mr. Crow shares his story so that others can learn that our choices impact not only ourselves but others as well.

Mr. Crow’s book Blinded, But Now I See – It’s Not Just About Me can be

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

purchased at various retailers or on his website.

As we close another successful joint conference, the SDPAA would like to extend a thank you to all the sponsors who contributed to this conference. Sponsors of this year’s convention included Claims Associates, Inc., Gallagher, Great American Insurance Group, Insurance Benefits, Safety Benefits, Inc., and Travelers Insurance Group.

The SDPAA would also like to thank those who worked so diligently on putting this program together.

The representatives from the host organizations worked to bring together not only a conference but a conference that provided meaningful experiences for the attendees.

Thank you to Craig Ambach, Megan

The Exclusive Distributor in South Dakota

Your Complete Recreation Resource!

Consultation • Design • Municipal Grade Recreation Equipment • Installation • Service

877-896-8442 | crs4rec.com

sdpaa news (cont) Mercer, Lexi Jones, Leon Ellis, Holly Nagel, Brad Wilson, Tracie Everson, and Dave Pfeifle. Without your work and input, this conference doesn’t happen.

If you missed this year’s joint safety conference, please save the date for our upcoming safety conferences! The SDML WC Fund and SDPAA Member Safety Conference is tentatively scheduled for Nov. 2-3, 2022. The next Joint Safety Conference hosted by ASBSD, SDORM, SDML WC Fund, and SDPAA is tentatively scheduled for Nov. 1-2, 2023. Please check our website for additional details as those dates draw near. All dates are subject to change, and locations will be announced as the dates draw closer.

Recent Directory Updates

For the 2021-2022 Directory of South Dakota Municipal Officials

The list below reflects updates to the directory received since the list included in the Nov. SD Municipalities.

For more information about loss control and risk management opportunities available to members of the SDPAA, please contact our office at 800-658-3633, Option 2; visit our website at www.sdpaaonline.org; or email our office at sdpaa@sdmunicipalleague.org.

Municipality Delete Add Buffalo FO Deb Johnson FO Erica Wagner Clear Lake PWD Don Ebbers Colome FO Jeff Ohlmann Colome PWD Jeff Ohlmann Colome FO Bobbi Harter Humboldt BP Adam Lund BP Allen Schmeichel Humboldt T Allen Schmeichel T Thresa Muth Humboldt T Jennifer Leonard T Kelly O’Gorman McLaughlin FO Mary Jamerson Oelrichs FO Val Graff FO Ellen White Plankinton FO Eileen Sorsen FO Kylee Urban Spearfish STS Justin Stevens Tyndall FO Linda Pesek FO Cathy Cuka Vermillion ATT Jim McCulloch ATT Brent Matter Viborg FO Lori Jorgensen FO Lisa Rudd

Be safe! Winter is most certainly coming - if it’s not already here! ■

Miss an update? Go online to sdmunicipalleague.org for a comprehensive list of updates since printing.

34

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

COLUMN

chris hill director of municipal electric services

In-person meetings and getting together with peers is one of the things that I look forward to in my job.

programs that will help our municipal electric communities with on-site safety training and education for potential or current employees.

This past month I was able to start meeting with legislators about some topics that will be discussed during the regular session in 2022. I was also able to catch up on some of the topics being discussed during the special sessions regarding legislative boundaries and impeachment. It seems like marijuana and money will be other main topics during the upcoming session. I am sure with more upcoming legislator visits I’ll continue to hear about bills that may affect constituents across the state.

Meeting and networking with others who have developed an association and understand my ideas for our association is very refreshing. To make our association as strong as possible, we need our members to help us out. I know that city employees already have plenty going on. That’s why I am working hard for you. Together we can enhance our public power employees.

Another great opportunity I had in November was meeting with our regional municipal utility associations. This is our annual in-person Midwest Municipal Utilities Association meeting and this year it may have been the most informative meeting with this group that I have attended.

Those in attendance for the in-person meeting were Kansas, Illinois, Iowa, Minnesota, Missouri, Nebraska, South Dakota, and Wisconsin. We discussed topics ranging from marketing to federal regulatory issues. My major takeaways were that all of the states in our region have more member municipalities than South Dakota and that all of them are working hard to support those members.

Focusing on member relations, I am looking forward to working with our members to offer more training and safety programs to help promote our public power communities.

If you have been following along with my recent articles you may know that there are a lot of changes that are taking place with the SDMEA like a new website and an associate membership program. The board and I agree that these opportunities will allow us to develop

Some things that we as the SDMEA need to work on include promoting your hard work, educating our citizens so that they understand the value of our electric utility and what it means to each one of our municipalities, and improving scholarship and recruiting efforts to help keep our workforce strong.

The SDMEA Operations and Conference Committee will meet December to finalize dates and decide which topics will be discussed during our annual conference.

Please remember that the SDMEA Conference and Technology Expo is open to any employee or board member from our member municipalities. Please look for that information and try to send a representative from your public power community so they can network with other members of the SDMEA. This is a great opportunity to learn about how others are working hard for their community to make their HOMETOWN great! ■ sdmunicipalleague.org | 1.800.658.3633

35

American Council of Engineering Companies of South Dakota Members

Ideas transform communities Sioux Falls 605.977.7740 Rapid City 605.791.6100

hdrinc.com

wH R G R E E N . C O M

STREET DESIGN | STORM WATER MODELING WATER & SEWER DESIGN | SURVEY & GIS CONSTRUCTION ADMINISTRATION PROJECT FUNDING ASSISTANCE

PIERRE SIOUX FALLS STURGIS SOUTH DAKOTA broszeng.com

Since 1913, HR Green has provided solutions that build communities and improve lives.

|

w Sioux Falls Phone 605.334.4499

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 ELOPMEN T + EN V IRONMEN TA L + C ONS T RUC T ION

Engineering for a better South Dakota since 1956.

www.acesd.org

LOCAL EXPERTS IN Street Design Land Surveying Utility Analysis & Design Landscape Architecture Agricultural Engineering Water/Wastewater Treatment

STOCKWELLENGINEERS.COM 801 N. Phillips Ave., Ste 100 / Sioux Falls, South Dakota / 605.338.6668 201 Walnut Street / Yankton, South Dakota / 605.665.8092

T E A M T S P. C O M

COLUMN

Washington report

Rep. Dusty Johnson and Rep. John Garamendi (D-CA)

Congress Can Fix the Cargo Shipping Supply Chain Problem American exporters are facing a serious imbalance when it comes to foreign trade.

Rep. Dusty Johnson (R-SD)

Dozens of agricultural exporters and manufacturers have contacted our Congressional offices expressing frustration with shipping delays and exorbitant surcharges, known in maritime parlance as “detention and demurrage” fees. Even more concerning are the reports of ocean carriers declining cargo bookings of American exports at seemingly any price and returning to the AsiaPacific with empty containers.

While all major ocean carriers are foreign-based and most are foreign-owned, trade between the United States and other countries must provide mutual benefit and reciprocal opportunities for American exporters. If foreign ocean carriers are not playing fair, then American businesses and consumers are stuck paying the price.

Rep. John Garamendi (D-CA)

38

That is why we introduced the bipartisan “Ocean Shipping Reform Act of 2021” (H.R.4996), the first major update of federal regulations for the global ocean shipping industry since 1998. Our legislation would ensure a level playing field for American exports by requiring ocean carriers to adhere to minimum service standards that reflect best practices in the global shipping industry and commonsense.

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

The “Ocean Shipping Reform Act of 2021” (H.R.4996) would also provide the Federal Maritime Commission— the U.S. regulator of the ocean shipping industry—with the ability to self-initiate investigations and apply enforcement measures when ocean carriers break the rules or engage in unreasonable business practices.

It is no secret the COVID-19 pandemic shook up the global supply chain in unprecedented ways. But continual port congestion, and ocean carriers outright declining to ship American exports is unfair, anti-competitive, and a likely illegal business practice. Our legislation aims to fix these flaws in the global shipping industry exacerbated by the pandemic, for good.

According to the U.S Census Bureau’s Foreign Trade Division, California exported nearly $174 billion and South Dakota exported nearly $1.4 billion in goods to the world in 2019. For American exporters to remain competitive, particularly against state-supported Chinese exporters, the global shipping industry needs updated rules that reflect rapid changes over the past two decades. That is exactly what our bipartisan legislation would achieve: fair trade that provides reciprocal opportunities for American exports to compete in the global marketplace. Our agricultural producers and domestic manufacturers are more than ready to compete on a level playing field. ■

CLASSIFIEDS

Employment Aquatics Coordinator – City of Madison, SD. Responsible for coordinating, planning, organizing, and directing the day-to-day operations of the aquatics department for the Community Center. Develops and implements aquatic programming, including recreational, educational, and fitness programs for all ages. Leads and instructs staff in aquatics and lifesaving courses, including lifeguard courses, water safety instructor courses, CPR and AED courses, and first aid courses. Maintains accurate records of pool chemicals, certifications and facility maintenance. Perform routine maintenance as needed and coordinate maintenance needs with contractors and Community Center Director.

Hourly rate starts at $16.22 and is based on experience.

Review of applications begins immediately Open until filled. EOE. Learn more at www.cityofmadisonsd.com.

Building Official/Code Enforcement Officer – City of Madison, SD. Inspecting structures, enforcing housing codes and maintenance, implementing building codes, enforcing nuisance

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

Our public finance bankers average over 20 years of experience in conventional fixed-rate debt financing, variable-rate bonds, credit-enhanced structures and non-rated bonds.

Primary areas of focus include: · Cities · Counties · School Districts · Rural Water Utility Finance · Healthcare Finance · Lease-Purchase Financing · Nonprofit Entities · Alternative Energy

450 Regency Parkway | Suite 400 | Omaha, NE | dadavidson.com

ordinances in the city and providing staff assistance regarding zoning violations and land use complaints.

Review building plans for compliance with codes, approve and issue building permits as well as conduct necessary inspections to ensure compliance with city ordinances and regulations. Enforce, maintain records and comply with flood insurance programs, floodplain issues, permits and related inspections. Inspect all commercial and residential structures and maintain records of inspection. Enforces and answers public inquires related to code enforcement, attends training, reviews construction plans for compliance with adopted codes and ordinances. Hourly rate of pay starts at $26.58 and is based on experience. Open until filled.

EOE. Learn more at www.cityofmadisonsd.com.

Chief Economic Development Director / CEO - Brookings Economic Development Corporation (BEDC), Brookings, SD. The CEDD/CEO leads and manages BEDC strategy and operations for effective economic development. The CEDD/CEO over s¬ees and deploys partnerships and collaboration, strategic planning, program design, program implementation and management, PR and communications, research development, and engagement with board of directors. Minimum qualifications include high standards of excellence, integrity, confidentiality, demonstrated abilities in leadership, consensus building, leading staff, working with non-profit boards. Five years of experience and bachelor’s degree. Preferred qualifications an earned master’s degree. The full job description can be found at https://brookingsedc.com/ceo-job-description/. To apply, submit resume, cover letter and references to bedcboard@brookingsedc.com. The position remains open until filled.

City Administrator - City of Garner, IA. Garner, Iowa, population 3,129 is seeking a problem solver, skilled communicator, and team builder to serve as the next City Administrator. Garner is a thriving community located in north central Iowa, just 12 miles west of Interstate 35, the Avenue of the Saints, the resort community of Clear Lake, Iowa and 115 miles north of Des Moines, Iowa.

It has the advantage of being a small community with lower cost of living. The City Administrator has seven direct reports; total of 16 full-time employees. Annual operating budget is approximately $7 million. Learn more at https://www.garneriowa.org/. Confidential materials such as a cover letter, resume, salary history, and five professional references should be sent to: Elizabeth Hansen, Midwest Municipal Consulting LLC. ehansen. mmc@gmail.com, 515-391-9816. Closes Dec. 17, 2021.

sdmunicipalleague.org | 1.800.658.3633

39

CLASSIFIEDS City Administrator – City of Stillwater, MN. The Administrator is the Chief Administrative Officer for the Council and coordinates the administration and supervision of all City departments and divisions and programs and activities as authorized by the City Council. Salary Range: $150,027 to $164,865. View the full position profile at https://www.ddahumanresources. com/active-searches. Direct questions to Mark Casey at mark@daviddrown.com or 612-920-3320 x113.

Application Deadline: 12/08/2021. Finalists will be selected on January 4, 2022, and final interviews will be held January 21 & 22, 2022.

City Finance Officer – City of Flandreau, SD. (POP. 2,400) Under the direction of the City Administrator, the Finance Officer maintains and monitors general ledger and overall accounting/financial reporting system to ensure compliance with statutes, policies/procedures, and generally accepted accounting principles. Assists with the preparation of the annual budget ($6m) and periodic budget amendments and prepares related reports and projections. Prepares and disseminates Council agendas, minutes, and

records. Provides advice on financial issues as well as for policy development. Supervises staff of two. Ability to effectively express ideas verbally and in writing.

Municipal accounting/finance experience preferred.

Salary $60,000+ DOQ. Resume and cover letter to: Finance Officer Search, City Offices, 1005 W. Elm, Flandreau, SD 57028.

City Engineer – Harrisburg, SD. Planning and directing the efficient and economical design, construction, and maintenance of the City's infrastructure, facilities, and building construction projects. Responsible for budgeting, estimating, and developing specifications and RFPs; reviewing plans and proposals, inspecting projects, and approving payments. Successful applicants will have a BS in Civil Engineering with PE designations and 5-7 years of professional experience. Must retain a valid driver's license and be insurable. Open until filled.

EOE. Learn more at www.harrisburgsd.gov.

Community Center Director – City of Madison, SD. Responsible for directing the Community Center operations, programs and activities

Wondering how to navigate your municipal infrastructure needs?

Today’s municipal infrastructure needs are diverse and require continuous effort to keep up with maintenance and expansion. Banner works diligently to provide our clients with innovative solutions while creating a seamless flow from the planning and design stage, through construction.

For all your infrastructure needs, we’ve built our firm to offer a comprehensive list of services from engineering and environmental to surveying.

Brookings | Sioux Falls | Vermillion | Rapid City | Milbank 605.692.6342 | Toll Free 1.855.323.6342

www.bannerassociates.com

40

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

CLASSIFIEDS as well as developing and implementing marketing strategies for the organization. Work with City of Madison, Dakota State University and the Community Center Governing Board. Provide tours, education of memberships, oversee daily activities, prepare, and present monthly and annual financial reports as well as capital improvement plans to city management, DSU, boards, committees and elected officials. Assist in reviewing, updating and overseeing the development and implementation of Community Center policies and procedures for all Community Center personnel.

Annual salary range starts at $64,114.61 and is based on experience. Open until filled. EOE. Learn more at www.cityofmadisonsd.com.

Custodian – City of Madison, SD. Responsible for maintaining building cleanliness and appearance by performing various custodial duties in all areas of the Community Center. Adhere to a cleaning schedule, prepare vendor orders for supplies, cleaning of locker rooms, gyms, and other rooms and areas within the facility daily or as needed. Perform preventative maintenance, report fixture and building repairs to the Director, and operate equipment needed to perform

cleaning duties. May be exposed to noise, dust, dirt, chemicals and can occasionally work in cold or inclement weather conditions. $13.58/hr, DOE. Open until filled.

EOE. Learn more at www.cityofmadisonsd.com.

Customer Information Systems (CIS) and Billing Specialist - Missouri River Energy Services (MRES), Sioux Falls, SD. Play an active role in providing high-quality support to our members that allows them to use CIS/Billing software products effectively and efficiently to complete daily operations.

Provide outstanding customer service over the phone or in person, including professional services and education to members to include but not limited to consulting, software readiness, and software functionality. Partner with the members to gain an understanding of workflow, business requirements and needs to ensure the product works to the member’s satisfaction. Send your resume and cover letter describing your qualifications to hr@ mrenergy.com. Closes Dec. 5, 2021. EOE. DIRECTOR OF PARKS & RECREATION – City of Pierre, SD. Responsible for supervising and managing the City Parks and Recreation Department, consisting of Parks, Recreation, Golf/Cemetery divisions. Develops and implements annual budget and long-range capital improvement plan for the department.

Serves as city liaison with various committees on park and recreation issues. Salary: $91,351.69 minimum plus comprehensive benefit package. Apply: Human Resources Office, City of Pierre, Box 1253, Pierre, SD 57501, Phone (605) 773-7429, www.cityofpierre.org.

Open until filled. EOE. Distribution & Collection Operator I – City of Madison, SD. This position is responsible for the installation, maintenance, and repair of the wastewater collection and water distribution systems. Requires occasional lifting/moving of up to 100lbs and can occasionally work in cold or inclement weather. Position works with GIS and digital maps on multiple platforms and collects water samples for analysis. Must possess or be able to obtain a Class B SD commercial driver’s license upon hire and the appropriate state certified Class I licenses for water and wastewater distribution and collection upon hire. Wage DOE. Open until filled.

EOE. Learn more at www.cityofmadisonsd.com.

Finance Officer – City of Harrisburg, SD. Managing all City records, documents, and finances; providing financial and related direction and support to department staff, and assistance, information, and advice to the City Council. The Finance Officer has statutory responsibility as described in South Dakota

sdmunicipalleague.org | 1.800.658.3633

41

CLASSIFIEDS Codified Law. Successful applicants must possess a BA or BS in Accounting or one or more years of governmental accounting experience; experience with budgets, financial statements, and financial administration; previous management and supervisory experience is preferred.

Must retain a valid driver's license and be insurable.

Salary DOE. Open until filled. EOE. Learn more at www. harrisburgsd.gov.

IT Network Engineer – Goodhue County, MN (pop. 46,449). The primary objective of this position is to provide critical support for the entire County networking environment of physical and virtual servers, operating systems, application programs, networking equipment, SANs, and data backup systems. Provides server and network support, application and database support, and other technical support. Work is generally performed in the office; however, there are some possibilities for limited remote work. Questions to Gary Weiers, gary@ daviddrown.com or 612-920-3320 x109. Apply at https:// bit.ly/3q4KW7V. 2022 Salary Range: $63,856 to $91,374.

Open until filled.

IT Network Security Analyst – Goodhue County, MN. The IT Network Security Analyst’s primary objective is to proactively design, implement, monitor, and maintain solutions to protect the confidentiality, integrity, and access to data on various networks. Focuses on network security and works closely with other technical staff, County departments, and affiliated entities to identify security needs and mitigate risks. Provides additional support for the design, maintenance, and expansion of critical network infrastructure. Work is generally performed in the office; however, there are some possibilities for limited remote work. Shared position providing service to Goodhue County, the City of Red Wing, and Red Wing Public Schools. Questions to Gary Weiers, gary@daviddrown.com or 612-920-3320 x109. Apply at https://bit.ly/3k1FLSl. Open until filled.

Mechanic – City of Mitchell, SD. Repairs and maintains mechanical, diesel, and automotive equipment. Repairs engines, hydraulics, transmissions, electrical components, brakes, steering, suspension,

Ideas transform communities Sioux Falls, Rapid City

hdrinc.com

42

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

CLASSIFIEDS drivelines, body-frames, etc. Performs basic service work on equipment; performs oil changes, battery checks, tire inspections, and lube checks. Operates diagnostic and testing equipment. Maintains a clean and tidy repair shop and maintains inventory of parts and supplies. Operates a variety of shop equipment, machinery, precision instruments, and specialized tools.

Performs related duties as assigned. Must have or be able to readily obtain a valid Class B CDL. $22.21/hr starting wage. Open until filled. EOE. Learn more at www.cityofmitchell.org.

Since 1913, HR Green has provided solutions that build communities and improve lives.

PART-TIME CITY MAINTENANCE WORKER – City of Worthing, SD. Performs routine and skill-based manual labor and maintenance work as it relates to municipal streets, alleys, vehicles, equipment, water, wastewater, buildings, parks and other duties as required. Valid SD Driver’s License and ability to obtain a Commercial Driver’s License. Ability to pass state and federally mandated water and wastewater certifications.

Salary will be DOQ. Learn more by calling (605) 3724113 or visiting www.cityofworthing.com. Apply to: WORTHING FINANCE OFFICE, 208 S. Main Street, PO Box 277, Worthing, SD, 57077. Open until filled. EOE. Police Officer – City of Pleasant Hill, IA. Pleasant Hill is a progressive and growing community located in the Des Moines Metropolitan area. Our department uses a community-based policing model through community partnerships to reduce crime and improve the quality of life for residents. Applicants should possess interpersonal skills, integrity, a clean driving record and be able to successfully pass a criminal background check. Wages: A non-certified applicant's starting salary is $30.13 per hour or $62,674 per year.

Apply to: Pleasant Hill City Hall, 6875 Martha L. Miller Dr., Pleasant Hill, IA 50327, CSO Jen Morris. Closes Dec. 17, 2021.

More Online Find full descriptions, links to applications, more listings, or place an ad online:

SDmunicipalleague.org/classifieds Classifieds Policy: $50 per submission. SDML members receive classified ads for free as part of their membership. Includes a listing on the SDML classifieds webpage and in the next issue of the SD Municipalities magazine if received by the 5th the month preceding the publication date. Submissions may be subject to editing.

w Sioux Falls

wH R G R E E N . C O M

Phone 605.334.4499 T R A N S P O R TAT I O N + WAT E R + G O V E R N M E N TA L S E R V I C E S L A N D D E V E L O P M E N T + E N V I R O N M E N TA L + C O N S T R U C T I O N

For Sale 1978 Road Grader. The Town of Tabor is accepting sealed bids till January 5, 7 p.m. for a 1978 road grader.

For more information, contact Maintenance, 605-6619955. Send bids to Town of Tabor, PO 146, Tabor SD 57063.

2017 John Deere 544KII. City of Miller. Approx. 2,250 hrs, AC, Joystick with 3rd function, JRB cplr. w/ 3yd bkt, 20.5r25 tires. Bids must be sealed and clearly marked “Loader Bid.” Enclose a check for 10% of bid amount, remainder to be paid by Dec. 27, 2021. Mail to City of Miller, 120 W 2nd St., Miller, SD, 57362 or drop off in the finance office by Dec. 20, 2021, 4 p.m. No bids will be accepted after this time. Bids opening will be on Dec. 20, 2021, at 6:30 p.m. and awarded at the regular city council meeting to follow at 7 p.m. The City has the right to reject any or all bids. Questions: call Ron Hoftiezer, Street Supt. (605) 204-0563. ■

sdmunicipalleague.org | 1.800.658.3633

43

Supreme Court to Decide Government Speech Flag Case The issue the Supreme Court will decide in Shurtleff v. City of Boston is whether flying a flag on a flagpole owed by a government entity is government speech. If it is, the city may refuse to fly a Christian flag.

Boston owns and manages three flagpoles in an area in front of City Hall. Boston flies the United States and the POW/MIA flag on one flagpole, the Commonwealth of Massachusetts flag on another flagpole, and its own flag on a third flagpole. Third parties may request to fly their flag instead of the city’s flag in connection with an event taking place within the immediate area of the flagpoles.

Camp Constitution seeks “to enhance understanding of the country’s Judeo-Christian moral heritage.” It asked the City twice to fly its Christian flag while it held an event near the flag. The City refused its request to avoid government establishment of religion.

The First Circuit held that flying a third-party flag on a City Hall flag poll is government speech meaning the City didn’t have to fly the Christian flag.

According to the First Circuit, in two previous cases (Pleasant Grove City v. Summum (2009) and Walker v.

Texas Division, Sons of Confederate Veterans (2015)) the Supreme Court has developed a three-part test for determining when speech is government speech.

The Court looks at the history of governmental use, whether the message conveyed would be ascribed to the government, and whether the government “effectively controlled” the messages because it exercised “final approval authority over their selection.”

Regarding the history of governments using flags, the First Circuit stated “that a government flies a flag as a ‘symbolic act’ and signal of a greater message to the public is indisputable.”

The First Circuit also concluded that an observer would likely attribute the message of a third-party flag on the City’s third flagpole to the City. The First Circuit had no difficulty concluding the City controlled the flags.

“Interested persons and organizations must apply to the City for a permit before they can raise a flag on this flagpole.” ■

America’s Codification Experts

Serving more than 60 South Dakota Clients American Legal Publishing has been America’s codification services leader for more than 80 years with a reputation for providing exceptional value, quality and support.

Employee-owned, with more attorneys on staff than any other code service, our expert team provides legal reviews, ordinance codification, supplementation and mobile-friendly online code and meeting minutes solutions to municipalities of all sizes.

Visit www.amlegal.com to learn how we can help you Ross Heupel, Codification Consultant Phone: 513-720-7805

Email: Rossh@amlegal.com

M U N I C I PA L C A L E N D A R

december S 5 12 19 26

December 2021 M T W T F 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31

S 4 11 18 25

December 25 – Christmas Day – State holiday (SDCL 1-5-1)

December 31 – Liquor licenses are valid from twelve o’clock midnight on the thirty-first day of December until twelve o’clock midnight on the thirty-first day of the following December. (SDCL 35-4-41; See Hdbk., sec.

11.465)

By January 14 – If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 9-13-1; See Hdbk., sec. 7.050) First meeting of the year – A complete list of all the salaries for all officers and employees of the municipal corporation shall be published with the minutes of the first meeting following the beginning of the fiscal year or within 30 days thereafter. Added salaries of new employees and increased salaries of the old employees should be shown in the month in which they occur. A total of payroll by department shall be published monthly in the minutes.

(SDCL 6-1-10; See Hdbk., sec. 5.095) Newspaper designation – The official newspaper must be designated annually or for a period of time specified by the governing body, but not to be less than twelve months. (SDCL 9-12-6) Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172) ■

/ sdmunileague 45

M U N I C I PA L C A L E N D A R

January

January 2022 S M T W T F

2 9 16 23 30

3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31

9-13-6; See Hdbk., sec. 7.650) Follow the Municipal Election Calendar for all election deadlines.

S 1 8 15 22 29

January 1 – New Year’s Day – State holiday (SDCL 1-5-1) January 1 – The municipal fiscal year begins.

(SDCL 9-21-1; 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 – One of two dates (the other being July 1) a new or amended municipal tax ordinance may become effective. 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)

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 immediately after 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) ■

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)

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 9-13-1; 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 46

Trusted.

Professional.

Solutions. > Project Funding & Financing Guidance > Streets > Sewer > Drainage > Water > Airports > GIS > Electrical Power

dgr.com

S O U T H D A K O TA M U N I C I PA L I T I E S | D e c . 2 0 2 1

Three locations including Sioux Falls, SD 605-339-4157

INFRASTRUCTURAL RENEWAL. ALIGNED VISIONS. INNOVATIVE SOLUTIONS.

SOLVING YOUR MOST COMPLEX CHALLENGES. With SEH, you are a true partner and collaborator.

Engineers | Architects | Planners | Scientists 800.325.2055 | sehinc.com/subscribe

SDML | 208 Island Drive Ft. Pierre, SD 57532

Periodical