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South Dakota

MUNICIPALITIES The Magazine of the South Dakota Municipal League

September 2021 | Volume 88 | Number 3

i i l League akota ar’s South D n Spearfish! ye to is e th m r co fo el W Spearfish t in perso e all of you to ! Though we couldn’t mee ct to share m co el w to I am thrilled ue Annual Conference ies stayed in close conta vide g it Municipal Lea last year, the municipal it meant remotely!) to pro hanging ce -c if n for a confere we were working (even navigate uncharted, ever w to o and report h citizens, even as we had ur services to o . n, strengthen 0 nect in perso another n co re waters in 202 to ce port one us a chan ntinue to sup to public service. nce will give re co fe d n an co s, ’s ar ar ye e ent This ye ained over th d our shared commitm tone as a public st su e v e’ w an ing, the ties r miles tion, network significant nth or 25-yea through educa e marking your one-mo for everyone, as well as ar g Whether you nference offers somethin co s. is ie it th n t, u servan r comm scenery, r each of ou h our natural it w , o to takeaways fo e, n lly owned for everyo aurants, loca of exciting s something st er re ff o f o sh ty rfi ie ea ar and a v And Sp a variety pportunities, We also have recreational o entertainment options. d d te businesses, an ing, including an integra s rt en o p sp ap d h projects evelopment an u! d g n si u o h e e with yo workforc eager to shar complex I am mmunities ht for our co your service, g ri b s k o lo e part to The future thanks in larg look forward to e, at st r u o d I an d vision, and leadership, an h you during this year’s it rence! catching up w Municipal League Confe ta o South Dak

Sincerely, Boke Mayor Dana

SDML Conference Return of the

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PLUS ARPA Local Relief | FAQs ►p.44

Supreme Court Review ►p.6

SDML Proposed Statement of Policy ►p.10

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

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

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Colliers Securities LLC is a Member SIPC/FINRA

SOUTH DAKOTA MUNICIPALITIES

SEPT 2021

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

Features PRESIDENT Debbie Houseman Finance Officer, Lake Andes 1st VICE PRESIDENT Steve Allender Mayor, Rapid City 2nd VICE PRESIDENT Amy Leon City Manager, Yankton TRUSTEES Fay Bueno Finance Officer, Sturgis Karl Alberts Finance Officer, Aberdeen Carolynn Anderson Finance Officer, Wall Christine Erickson Councilmember, Sioux Falls Harry Weller Mayor, Kadoka PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City

Supreme Court Review .........................6 Proposed Statement of Policy .............10 SDML Annual Conference ...................31 SDMEA Hometown Power...................43 ARPA Local Relief | FAQs ...................44 DANR Grant Recipients.......................52

Columns Director’s Notes .................................... 4 President’s Report ................................ 5 Risk-Sharing News ............................. 29 SDPAA News ...................................... 51 Washington Report | Rep. Johnson .... 55

In every issue

Dist. 9 | Laurie Woodward Finance Oﬃcer, Custer

SDML Events Calendar ....................... 54 City Highlight | Brookings .................... 28 Hometown Happenings ....................... 56 Classifieds ........................................... 61 Municipal Calendar .............................. 65

Dist. 10 | Michelle DeNeui Finance Oﬃcer, Spearfish

On THE Cover

Dist. 8 | Brittany Smith City Administrator, Philip

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

Mayor Boke and the Spearfish city sign greet participants of the 2021 SDML Annual Conference in Oct. PHOTO BY MARK WATSON, BLACK HILLS PIONEER.

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. Recycle this magazine.

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COLUMN

DIRECTOR’S NOTES YVONNE TAYLOR Along with about everyone else in South Dakota, we love going to Spearfish, and it is especially sweet this year, because we’ve been waiting two years to see you all at the Annual Conference. I’ve often said that our conference is like a big family reunion – if you really like your family! And you know we typically have great information for you - this year, we think we’ve doubled that! Along with all of the affiliate and pooling meetings on Wednesday and Thursday morning, our general sessions are packed with useful topics. We will kick off general sessions with the Excellence in Municipal Government Award Luncheon. This year’s award goes to an elected official, and I can tell you, the selection committee has an incredibly difficult task this year!

from all of the threats out there. “FBI John” – or John Iannarelli – spent more than 20 years as an FBI Special Agent participating in numerous high-profile investigations, including the 9/11 attack, the shooting of Congresswoman Gabby Giffords, as well as pursuing online terrorists. John also served as FBI’s National Spokesperson and on the FBI’s Cyber Division Executive Staff. The shortage of workforce housing is at a critical point in South Dakota, and we address this with a panel of experts, including the chair of the legislative Workforce Housing Study Committee, Representative Roger Chase. He will be joined by our own local experts to give you real life solutions that have worked for them. On Friday, we will be covering two more vital issues: Redistricting, and the legalization of marijuana. The conference is a lot of work, but don’t worry, we leave you some time for fun! And as hard as we try to line up good speakers and programs, we realize that much of the value is you talking to your counterparts – and no matter the “fun” of an event, you are always talking about how to make your cities better!

Following, we have Mark Halperin, author, journalist, and political strategist who will draw on his more than 30 years covering national politics. Halperin will share stories that illustrate the challenges and the possibilities for our country as we grapple with the pandemic, inflation, education, health care, immigration, and more. Titled, “Can Civility Still Win: A Real Choice for America,” this is an extremely timely and relevant presentation.

This month we also observe the 20th anniversary of the horrific terrorist attacks of 9/11. It is astounding to think it has been 20 years, and to reflect on how much we have changed in that time. God bless all those directly impacted by the loss of lives that day, and God bless our America.

Another up-to-the-minute topic is Cyber Security and protecting our municipalities

Yvonne Taylor Executive Director

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COLUMN

PRESIDENT ’S REPORT DEBBIE HOUSEMAN Wow!! I can hardly believe that it is September—the summer has completely breezed by. As I write this article, my thoughts are drawn to the fall conference that the League is preparing for. We are all looking forward to getting together and networking with everyone. We are well overdue for some face-to-face interaction with our colleagues. The conference is a great opportunity to gain information from communities across the state. I am really looking forward to getting together with everyone. September is the month of Labor Day, the day our nation takes a day off to honor the working people. Labor Day 2021 will be recognized on Monday, Sept. 6. Labor Day pays tribute to the contributions and achievements of American workers and is traditionally observed on the first Monday in September. It was created by the labor movement in the late 19th century and became a federal holiday in 1894. Labor Day weekend also symbolizes the end of summer. I guarantee that our beautiful Missouri River will be overflowing with watercraft and picnics in celebration of this

holiday. Many communities across South Dakota have grand Labor Day celebrations. As a little girl I can remember anticipating that trip to Wagner to enjoy the parade and the carnival events hosted by the City of Wagner, but as a child I never really understood the meaning behind the holiday. I do understand the meaning as an adult, so during this Labor Day holiday I would like to say thank you to all the people across this state who get up and get the job done every day. Without you there would be so much missing in our lives. Thank you! Thank you! Thank you! I hope my thank yous are contagious and everyone remembers to stop and say thank you to the working man!! Have a blessed month! Debbra Houseman President

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SUPREME COURT REVIEW FOR LOCAL GOVERNMENTS LISA SORONEN STATE AND LOCAL LEGAL CENTER, WASHINGTON,D.C. The State and Local Legal Center (SLLC) files Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments. The SLLC filed an amicus brief in all of the cases discussed below. The U.S. Supreme Court’s 2020-21 term produced a bumper crop of local government cases. Chicago, Philadelphia, Baltimore, San Antonio, and San Francisco were all named parties in SCOTUS cases. Unfortunately, victories for local governments were few and far between. This article covers four of the most important cases for local governments decided this term. The cases involve a wide range of constitutional issues from Fourth Amendment seizures to First Amendment Free Exercise of religion to Fifth Amendment takings.

TORRES V. MADRID

In a 5-3 decision in Torres v. Madrid the Supreme Court held that a person may be “seized” by a police officer per the Fourth Amendment even if the person gets away. In this case, police officers intended to execute a warrant in an apartment complex. Though they didn’t think she was the target of the warrant, they approached Roxanne Torres in the parking lot. Torres got in a car. According to Torres, she was experiencing methamphetamine withdrawal and didn’t notice the officers until one tried to open her car door. Though the officers wore tactical 6

vests with police identification, Torres claimed she only saw the oﬃcers had guns. She thought she was being car jacked and drove away. She claimed the oﬃcers weren’t in the path of the vehicle, but they fired 13 shots, hitting her twice. Torres drove to a nearby parking lot, asked a bystander to report the attempted carjacking, stole another car, and drove 75 miles to a hospital. Torres sued the police officers claiming their use of force was excessive in violation of the Fourth Amendment’s prohibition

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against “unreasonable searches and seizures.” The oﬃcers argued, and the lower court agreed, that Torres couldn’t bring an excessive force claim because she was never “seized” per the Fourth Amendment since she got away. The Supreme Court, in an opinion written by Chief Justice Roberts disagreed. Relying on common law, the Court held that “application of physical force to the body of a person with intent to restrain is a seizure, even if the force does not succeed in subduing the person.”

SUPREME COURT REVIEW (CONT) CANIGLIA V. STROM

In a four-page opinion the Supreme Court held unanimously in Caniglia v. Strom that police community caretaking duties don’t justify warrantless searches and seizures in the home. During an argument with his wife, Edward Caniglia put a handgun on their dining room table and asked his wife to “shoot [him] now and get it over with.” After spending the night at a hotel Caniglia’s wife couldn’t reach him by phone and asked police to do a welfare check. Caniglia agreed to go to the hospital for a psychiatric evaluation after oﬃcers allegedly promised

not to confiscate his firearms. The oﬃcers went into his home and seized his guns regardless. Caniglia sued the officers for money damages claiming that he and his guns were unconstitutionally seized without a warrant in violation of the Fourth Amendment. In Cady v. Dombrowski (1973), the Court held that a warrantless search of an impounded vehicle for an unsecured firearm didn’t violate the Fourth Amendment. According to the Court in that case “police officers who patrol the ‘public highways’ are often called to discharge noncriminal ‘community caretaking functions,’ such as responding to disabled vehicles or investigating accidents.”

The First Circuit ruled in favor of the police oﬃcers in Caniglia extending Cady’s “community caretaking exception” to the warrant requirement beyond the automobile and to the home. Justice Thomas, writing for the Court, rejected the First Circuit’s extension of Cady. Justice Thomas noted the Cady opinion repeatedly stressed the “constitutional difference” between an impounded vehicle and a home. Justice Kavaunagh, in a concurring opinion, offered a view helpful to local governments: “the Court’s exigency precedents, as I read them, permit warrantless entries when police oﬃcers have an objectively reasonable basis

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SUPREME COURT REVIEW (CONT) to believe that there is a current, ongoing crisis for which it is reasonable to act now.”

FULTON V. PHILADELPHIA

The Supreme Court held unanimously in Fulton v. Philadelphia that the City of Philadelphia violated the First Amendment when it refused to contract with Catholic Social Service (CSS) to certify foster care families because CSS refuses to work with samesex couples. When the city discovered that CSS wouldn’t certify same-sex couples to become foster parents because of its religious beliefs the city refused to continue contracting with CSS. The city noted CSS violated the non-discrimination clause in its foster care contract. CSS sued the city claiming its refusal to work with CSS violated the Free Exercise and Free Speech Clauses of the First Amendment. Chief Justice Roberts, writing for the Court, concluded that the city violated CSS’s free exercise of religion rights. He noted that in Employment Division, Department of Human Resources of Oregon v. Smith (1990), the Court held that “laws incidentally burdening religion are ordinarily not subject to strict scrutiny under the Free Exercise Clause so long as they are neutral and generally applicable.” But, the Court held, Smith didn’t apply in this case because the city’s non-discrimination clause allowed for exceptions, meaning it wasn’t generally applicable. Because Smith didn’t apply, the city’s refusal to contract with CSS had to be evaluated under strict scrutiny. The city cited three interests in ensuring non-discrimination when certifying foster families: maximizing the number of foster parents, protecting the city from liability, and ensuring equal treatment of prospective foster parents and foster children. According to the Court: “Maximizing the number of foster families and minimizing liability are important goals, but the City fails to show that granting CSS an exception will put those goals at risk. If anything, including CSS in the program seems likely to increase, not reduce, the number of available foster parents. As for liability, the City offers only speculation that it might be sued over CSS’s certification practices.” 8

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As for equal treatment of prospective foster parents and foster children, Chief Justice Roberts wrote: “We do not doubt that this interest is a weighty one, for ‘[o]ur society has come to the recognition that gay persons and gay couples cannot be treated as social outcasts or as inferior in dignity and worth.’ On the facts of this case, however, this interest cannot justify denying CSS an exception for its religious exercise. The creation of a system of exceptions under the contract undermines the City’s contention that its nondiscrimination policies can brook no departures.”

CEDAR POINT NURSERY V. HASSID

In Cedar Point Nursery v. Hassid the Supreme Court held 6-3 that a California regulation allowing union organizers access to agriculture employers’ property to solicit support for unionization up to three hours a day, 120 days a year is a per se physical taking under the Fifth and Fourteenth Amendments.

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SUPREME COURT REVIEW (CONT) The Fifth Amendment Taking Clause, applicable to the states through the Fourteenth Amendment, states: “[N]or shall private property be taken for public use, without just compensation.” In this case agriculture employers argued California’s union access regulation “effected an unconstitutional per se physical taking . . . by appropriating without compensation an easement for union organizers to enter their property.” The Supreme Court agreed. According to Chief Justice Roberts, writing for the majority, “[w]hen the government physically acquires private property for a public use, the Takings Clause imposes a clear and categorical obligation to provide the owner with just compensation.” But when the government “instead imposes regulations that restrict an owner’s ability to use his own property” the restrictions don’t require “just compensation” unless they go “too far.” The Court held the access regulation “appropriates a right to invade the growers’ property” and therefore constitutes a per se physical taking rather than a regulatory taking. “Rather than restraining the growers’ use of their own property, the regulation appropriates for the enjoyment of third parties the owners’ right to exclude.” Local government officials routinely go onto private property temporarily to do police work and conduct inspections, among many other reasons. Importantly, the Court stated that “government searches that are consistent with the Fourth Amendment and state law cannot be said to take any property right from landowners” and “government health and safety inspection regimes will generally not constitute takings.”

CONCLUSION

Many of the Supreme Court decisions this term were narrow. Caniglia, Fulton, and even Cedar Point Nursery are examples of that trend. So while all three of these cases were losses for local governments (as was Torres) they could have been worse. While Caniglia and Fulton were unanimous they were probably two of the narrowest decisions of the term. Local governments could not have expected to have won either of those cases. ■

SD HISTORY:

THE BUILDING OF PICKSTOWN AND THE FORT RANDALL DAM A recent book authored by a 1950s Pickstown resident gives readers an intimate look into the early days of the town and the construction of nearby Fort Randall Dam. The Building of Pickstown and Fort Randall Dam covers the area’s history from 1946 to 1956 when Fort Randall was completed. The book compiles information researched from the Pickstown Museum, personal experiences, and historical newspaper articles to tell the story of the town’s early beginnings and construction details of the dam. The approximately 260-page book features over 200 vintage photos provided by the US Army Corps of Engineers and early residents. The book was written and published by Guy Rhoades, a Pickstown resident in the early 1950s. Art Trautman, a late 1940s/early 1950s town resident, contributed research from over 1,500 historic newspaper articles. Both Rhoades and Trautman were graduates of the Pickstown High School and part of the group that founded the Pickstown Museum. The book has generated interest as an important historical record and is on ﬁle with several institutions in the state, including the South Dakota Historical Society, South Dakota State University, University of South Dakota, and the Corps of Engineers at Fort Randall and Gavins Point. The book is available for purchase through the Pickstown Museum for $30 (plus $5 if shipped). A portion of proceeds goes to the museum. Contact Bill Lampman, at 605.487.7299 if you are interested in purchasing a book.

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PROPOSED STATEMENT OF POLICY SOUTH DAKOTA MUNICIPAL LEAGUE The following are the policies as suggested by the four Policy Committees, which met Aug. 18 and 19 in Fort Pierre. During the annual conference, to be held Oct. 5-8 in Spearfish, there will be several important steps taken before any of these policies become the oﬃcial Statement of Policy of the Municipal League. • First, the policy committees will meet again on Wednesday, Oct. 6 to review these changes, and to consider any new information or suggestions from members. • The policies will then be submitted to the Resolutions Committee, which will meet Thursday, Oct. 7, and will recommend the final set of policies for a vote. • The membership will vote at the Annual Business Meeting on Friday, Oct. 8.

General Government Committee POLICIES

The SDML supports clarifying the initial election of oﬃcers in a newly incorporated municipality. (GG – 2016)

The SDML supports amending SDCL 9-19-13 to provide that all administrative resolutions would be eﬀective upon passage and publication. (T&R – 2004) (Referred from T&R 2018)

The SDML supports legislation authorizing municipal access to federal background checks for licensees. (GG – 2008; 2009)

The SDML supports amending state law to clarify residence requirements for municipal elected oﬃcials. (GG – 2014)

10.

The SDML supports legislation to make municipal laws consistent as to the use of the term “ﬁnance oﬃcer” rather than “clerk/treasurer.” (GG – 2010)

The SDML supports eﬀorts by the Secretary of State to provide consistency in election statutes. (GG – 2017)

11.

The SDML supports making the language on “secondary” or “run-oﬀ” elections consistent. (GG – 2019)

12.

The SDML supports working cooperatively with other state entities to clarify residence for voter registration. (GG – 2015)

The SDML supports legislation limiting the time to circulate a petition to change the form of government to six months. (GG – 2021)

MUNICIPAL EMPLOYEES 1. The SDML supports an amendment to restrict or repeal the presumptions included in SDCL 9-1645 pertaining to circulatory or respiratory disease as “occupational” in fire fighters and opposes any amendment to expand the disease presumption regarding occupational diseases affecting volunteer and active paid firefighters. (GG – 2000; CB7) 2.

GOVERNMENT ETHICS AND OPERATIONS 4. The SDML supports legislation that would exempt municipalities from the regulations of the unclaimed property laws. (GG – 2000; 12) 5.

6. 10

requirements on all municipal election petitions. (GG – 2016)

The SDML supports amending SDCL 12-1-5 to include municipal election oﬃcials on the State Board of Elections. (GG – 2000; 13) The SDML supports clarifying signature

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) 13.

The SDML supports making provisions for supplementing municipal budgets consistent with provisions found in county law. (GG – 2015)

14.

The SDML supports increasing the bid limit for materials and supplies to match the $50,000 bid limit for equipment). (GG – 2020)

15.

The SDML supports updating the surplus property laws. (GG – 2019)

16.

The SDML supports amending state law to continue to provide the tax levy request to the county by October 1 each year, but to allow more time to develop the annual municipal budget. (GG – 2018)

17.

The SDML supports cooperative activities between county and municipal governments, the protection of existing joint activities, and elimination of barriers that hinder the creation of such arrangements. (added by SDML Board of Directors, Dec. 9, 2015) (GG – 2016)

18.

The SDML supports increasing the audit “trigger” to $750,000. (GG – 2014)

19.

The SDML supports increasing the Internal Control Review range to between $100,000 and $750,000. (GG – 2014)

20.

The SDML supports changing the makeup of the local board of equalization to more appropriately reﬂect the distribution of property tax revenues. (GG – 2008)

21.

The SDML would support county eﬀorts to impose a penalty of up to $250 for failure to appear at a requested property tax assessment appeal to the Oﬃce of Hearing Examiners. (GG – 2017)

22.

The SDML supports allowing citizens to vote on their preferred method of receiving public notices. (GG – 2017)

23.

The SDML supports allowing alternative publication options for local governments. (GG – 2003; 2018)

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) 24.

The SDML supports a safe harbor provision for publication errors made by newspapers when legible, timely information has been submitted by the local government for elections. (GG – 2018)

29.

The SDML supports reviewing open meeting laws in conjunction with any Open Government Task Force so long as the SDML is adequately represented. (GG – 2009; 2012)

25.

The SDML supports amending statutes regarding designation of oﬃcial newspapers to require the newspaper submit the circulation density by local government jurisdiction. (GG – 2011; 2013)

30.

The SDML supports making the 2020 emergency ability to meet by remote-only means a permanent option. (GG – 2020)

B. 26.

The SDML supports legislation to allow a local option for resolutions to be published by title and abbreviated explanation only, with a reference to where the full text can be found. (GG – 2006)

The SDML would support legislation which prohibits punitive damages from being assessed against an entity that implements reasonable cybersecurity controls. (GG – 2021)

31. 27.

The SDML supports legislation to allow publication of bond resolutions, bond ordinances, and franchise ordinances by reference. (GG – 2003)

The SDML opposes state regulation of the Health Pool of South Dakota, the South Dakota Public Assurance Alliance, or the SDML Workers’ Compensation Fund. (GG – 2003)

28.

The SDML supports clarifying state law to allow municipalities to purchase brokered and negotiated CD’s that meet FDIC requirements. (Resolutions Committee 2018)

32.

The SDML supports legislation amending SDCL 34A-6-29 to make the collection of delinquent garbage collection fees consistent with the collection of other delinquent municipal utility fees. (GG – 2006)

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) 33.

34.

35. 36.

The SDML supports allowing counties to add a processing fee of up to 5%, or a minimum of $15.00, for the collection of delinquent municipal utility and other service fees and charges and for nuisance actions. (GG – 2016)

44.

The SDML supports legislation to allow funds to be deposited directly to municipalities from the state, rather than going ﬁrst through the counties. (GG – 2006)

The SDML supports local control of the sale, use, distribution, marketing, and promotion of tobacco products that are more restrictive than those provided by the Legislature. (GG – 2003)

45.

The SDML strongly supports legislation to distance state laws from Dillon’s Rule. (GG – 2005)

The SDML supports changing the vote to create a hospital district to a simple majority. (GG – 2007)

46.

The SDML supports the ability to use drones for any local government purpose. (Resolutions – 2014)

The SDML supports equal treatment of all government facilities which serve as the official office of elected officials or any buildings where governing bodies officially meet on a regular basis. (GG – 2012)

COMMUNITY AND ECONOMIC DEVELOPMENT 37. The SDML supports allowing a separate and additional class of on-sale liquor licenses for golf courses. (GG – 2003; 2007; 2008) 38.

The SDML opposes any change to the requirement that alcoholic beverage licenses be given only to a single legal description. (GG – 2000; 21)

39.

The SDML supports the valuation of platted land based on use, rather than zoning designation, and urges cities and counties to work cooperatively to develop legislation. (GG – 2014)

40.

The SDML supports the public ﬁnancing toolbox for local governments. (GG – 2014)

41.

The SDML supports a reduced rate for ballot publications. (GG – 2009)

42.

The SDML opposes measures on social policy that have a detrimental eﬀect on quality-of-life infrastructure investments and the visitor industry. (SDML Board Adopted 2019)

municipalities the power to control the number and the fees for on-sale and oﬀ-sale liquor licenses to be granted within the municipality. (GG – 2000; 24)

CORE BELIEFS Municipal Employees CB1. The SDML endorses the retention of the existing state constitutional right to work law and opposes any state or federal legislation that interferes with or aﬀects that right. While recognizing the right of employees to organize, it is fundamental that each employee be guaranteed individual freedom of choice in joining or not joining a union or other employee organization. (GG – 2000; CB1) CB2. The SDML advocates that the cities continue to review and upgrade job safety and health standards for all municipal employees and require the use of safety equipment by municipal employees while on duty. (GG – 2000; CB2) CB3. The SDML supports legislation that prohibits violence in the workplace. (GG – 2000; CB3) CB4. The SDML urges local governing bodies to adopt those portions of the Municipal League Personnel Manual that meet their local needs. (GG – 2000; CB4)

LOCAL CONTROL AND HOME RULE C.

The SDML supports the option of municipal ownership of any legalized marijuana licenses.

43.

The SDML supports permissive legislation granting

CB5. The SDML encourages member municipalities to allot funding and paid time for employee and officials training and educational opportunities so that municipal service is made more effective and at the same time employees may become qualified for promotion to higher level positions. The SDML encourages municipal employees and officials to join and participate in professional associations, job related organizations, and other continuing education activities and urges cities to allot funding and paid

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) time for such membership and participation. (GG – 2000; CB5) CB6. The SDML urges municipalities to prepare and adopt Equal Employment Opportunity policies that comply with law. (GG – 2000; CB6; 2013) CB7. The SDML is opposed to any legislation or administrative rules adopting binding arbitration. (GG – 2000; 2007; CB10) CB8. The SDML opposes repeal of Article III, Section 26 of the South Dakota Constitution relating to municipal powers denied to private organizations. The SDML opposes any further changes in SDCL 3-18-3 providing for the voting procedure for determination of bargaining unit representation. The SDML supports SDCL 3-18-10 which prohibits strikes by public employees. (GG – 2000; CB11) CB9. The SDML supports local consideration of “equal pay for equal work” but opposes the development of comparable worth pay systems through DOL rulemaking that advances the notion that government should dictate an organization’s compensation program. (GG – 2000; CB12; 2013) CB10. The SDML urges cities who do not have a retirement system to join the South Dakota Retirement System after careful ﬁscal review. (GG – 2000; CB13) CB11. The SDML recommends that municipalities make available health and life insurance coverage for their employees. (GG – 2000; CB14) CB12. The SDML urges municipalities and other units of local government to consider joining the SDML Workers’ Compensation Fund, the South Dakota Public Assurance Alliance, the South Dakota Public Funds Investment Trust, the Health Pool of South Dakota, and SDML Municipal Government Software; and to review other services available through the SDML. (GG – 2000; CB15) CB13. The SDML opposes any investment of the assets of the South Dakota Retirement System in “social investing” or “venture capital.” (GG – 2000; 5) CB14. The SDML opposes any legislative action allowing a participating entity or group of members being removed from the South Dakota Retirement System. (GG – 2000; 6) 14

Community and Economic Development CB15. The SDML urges all municipalities to adopt a fair housing policy. (GG – 2000; CB16) CB16. The SDML opposes bills similar to the “Bradley Bill” because of the potential environmental, social and economic impacts on the people and governments of South Dakota. (GG – 2000; 20) CB17. The SDML encourages the Governor and the Legislature and the Ellsworth Authority to assist in the efforts to retain Ellsworth Air Force Base as a viable military facility. (GG – 2003; 15) CB18. The SDML urges federal and state support for alternative transportation programs that take into account new technologies, mobility, community quality of life, and demographic trends as well as maintenance of traditional modes of transportation. (GG – 2015; 2016) (Moved from General Policy) Government Ethics and Operations CB19. The SDML endorses the Core Beliefs espoused by the National League of Cities.1 (GG – 2000; CB18) CB20. The SDML encourages municipalities to initiate policies to oppose racial profiling in any municipal activity. (GG – 2000; CB19) CB21. The SDML strongly supports municipal elections remaining non-partisan. (GG – 2003) CB22. The SDML supports efforts to review and update state statutes related to municipal government provided the South Dakota Municipal League has appropriate representation in that process. (GG – 2000) Local Control and Home Rule CB23. The SDML encourages federal, state, and local government leaders to continue to work with American Indian tribes to resolve taxation, regulatory, environmental and infrastructure issues, and law enforcement concerns. Such efforts should address concerns resulting from the federal government placing land into trust on behalf of American Indian tribes without such tribes having entered into a binding agreement with state and local entities on the collection of taxes, law enforcement, infrastructure and environmental concerns, and regulations. (GG – 2000; CB20)

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) CB24. The SDML encourages consolidation of the Boards of Equalization with the cooperation of all entities of local government in order to relieve taxpayers of unnecessary burdens and encourages legislation to require counties to consolidate Boards of Equalization when requested by a municipality. (GG – 2000; CB21) CB25. The SDML opposes any legislation expanding the power and authority of special districts, sub-districts, cooperatives, and sanitary districts to render services without allowing municipalities the same options. (GG – 2000; CB22) CB26. The SDML proactively opposes the mandatory OSHA requirements being applied to municipalities. (GG – 2000; 2) CB27. The SDML opposes any legislation which would inhibit municipalities from providing services requested by citizens in whatever form the citizens approve. (GG – 2006)

_________________________________________ 1

Core Beliefs of the National League of Cities

We Believe in... • Representative, participatory local government • Local government as the cornerstone of government in the United States • The value of public service • The value of diversity throughout our organization and our communities • Municipal authority over municipal issues • A commitment to the highest ethical standards among all public oﬃcials • Civility and mutual respect • Anticipating the needs of communities and developing strategies to meet those needs and improve the quality of life • Partnerships, coalitions, and collaborations to strengthen cities and our advocacy eﬀorts

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) addiction, tobacco addiction, and gambling treatment facilities from state alcohol beverage taxes, tobacco taxes, and gaming revenues. (PHSW – 2000; 2014 CB2; 2015; 2018) (Amended and moved from Core Beliefs)

Public Health, Safety, and Welfare Committee POLICIES

The SDML supports eﬀorts to provide diversion for youth and adults, diverting low-level oﬀenders to community services and case management, reducing unnecessary incarceration and justice system involvement while successfully reducing the criminal behavior of participants in diversion. (PHSW – 2021)

The SDML supports a mechanism for blighted, vacant, or nuisance properties to assist in the costs of their own remediation, including any asbestos testing and removal. (PHSW – 2014; 2016; 2018)

The SDML opposes the ability of individuals to grow marijuana in their own homes and opposes any outdoor growing of marijuana. (PHSW – 2021)

The SDML supports legislation to provide stronger

PUBLIC HEALTH AND SAFETY 1. The SDML supports legislation to expand aﬀordable and workforce housing opportunities in South Dakota. (PHSW – 2014; 2018) 2.

The SDML supports making aﬀordable public and private health care coverage available to all South Dakotans and strongly encourages eﬀorts to expand Medicaid. (PHSW – 2014; 2015; 2016)

The SDML supports a statewide task force to review access and resources for the treatment of alcoholism, drug addiction, tobacco addiction, and gambling addiction. The SDML calls for the State of South Dakota to assume increased responsibility for funding of detoxiﬁcation and alcoholic, drug

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) penalties and increase requirements for mandatory vehicle insurance. (PHSW – 2007)

15.

The SDML supports legislation to remove restrictions which prohibit municipalities from prohibiting the use of phosphates in lawn fertilizers within city limits. (PHSW – 2010)

MUNICIPAL FINANCE 16. The SDML supports eﬀorts to increase Medicaid reimbursement rates for ambulance and emergency medical services. (PHSW – 2016)

The SDML supports adoption of the most recent edition of the International Codes, with the option of local amendments. (PHSW – 2013; 2014; 2017)

The SDML strongly supports a statewide task force to review access and resources for the treatment of mental healthcare and increased funding for services and programs. (PHSW – 2015)

LOCAL CONTROL AND HOME RULE 17. The SDML opposes state legislation limiting municipalities from adopting whichever portions of the International Codes deemed necessary. (PHSW – 2009; 2016)

The SDML supports legislation that eliminates any regulatory barriers within state law that prevent or stiﬂe the creation of triage centers, which provide detoxiﬁcation services to those seeking treatment for substance abuse and crisis stabilization for mental health issues. (PHSW – 2019)

10.

The SDML supports making seatbelt violations a primary oﬀense. (PHSW – 2016)

11.

The SDML opposes any eﬀort to weaken the statewide smoking ban and will support legislation that strengthens state and local eﬀorts to enforce this prohibition. (PHSW – 2016)

The SDML supports measures to keep public safety entities viable. (PHSW – 2019)

13.

The SDML supports a reliable statewide emergency radio system that allows users across the state to communicate within and outside of their agencies. In order to sustain this capability and enhance operations locally, statewide, amongst other states, and with federal agencies, the SDML supports continued state funding initiatives to maintain and upgrade the statewide system to the most current national standards for public safety communications (PHSW – 2017; 2018; 2020)

14.

The SDML supports a state funding initiative to mitigate the emerald ash borer infestation, similar to the state’s successful response to the pine beetle infestation. (PHSW 2018; 2020)

The SDML supports legislation and funding to prevent human and sex traﬃcking. (PHSW 2018)

CORE BELIEFS Public Health and Safety CB1. The SDML believes that the main emphasis of environmental protection should be information and assistance to municipalities and education of the general public. The League urges the State and Federal Government to fully fund programs and provide technical assistance for planning and implementing programs and regulations established by state and federal laws. The League urges continued research and pilot studies in the fields of pollution control, flood control, water and conservation, river siltation, forest management and waste management. (PHSW – 2000; CB1) CB2. The SDML recognizes the costs associated with maintaining and training regional emergency response teams in South Dakota and supports continued funding from the State of South Dakota. (PHSW – 2006; 2007; 2010) (Amended and moved from General Policy) CB3. The SDML supports legislation that requires that users of private telephone switches or services be provided capabilities of the same level of 911 services as is available to other residents of the jurisdiction. (PHSW – 2000; 1) (Moved from General Policy) CB4. The SDML supports legislation that continues to maintain compliance with the Juvenile Justice and Delinquency Act of 1974 and supports legislation for funding compliance. (PHSW – 2000; 2007; 3) (Moved from General Policy) CB5. The SDML supports the right of local jurisdictions to establish firefighting standards. The SDML does

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) not oppose fire standards such as those issued by the National Fire Protection Association (NFPA) as long as such standards allow municipalities real and substantial flexibility for the way municipalities provide fire and emergency medical services. (PHSW – 2002; 7; 2016) (Moved from General Policy) CB6. The SDML encourages the local units of government to use the funds available from the State of SD to combat West Nile and other mosquito-borne diseases and encourages the State of SD to increase these funds. (PHSW – 2007; 2016) (Amended and moved from General Policy) CB7. The SDML urges cities to continue weekly testing of pools and public bodies of water as previously required by the Department of Agriculture and Natural Resources. (PHSW – 2011; 2016) (Moved from General Policy) CB8. The SDML encourages the licensing of building contractors by local units of government to ensure that contractors comply with minimum standards to protect the consumer. (PHSW – 2004) (Moved from main policy statement - 2018) Municipal Finance CB9. The SDML encourages local governments to maintain 911 systems using the Funding Surcharge allowed by SDCL 34-45 (Emergency Reporting Telephone) and encourages legislation to increase this surcharge to fully fund the system. (PHSW – 2000; 2007; 2010; CB3) Local Control and Home Rule CB10. The SDML opposes any state environmental laws and regulations that are more stringent than existing federal environmental laws, standards and regulations. (PHSW – 2000; CB4) CB11. The SDML encourages standards be developed to provide equal 911 service to all citizens and visitors and encourages cooperative efforts to improve 911 services and efficiency. The SDML opposes mandated consolidation of 911 service centers. (Adopted at Joint Board Meeting between SDML and SDACC, December,1999; 8; Amended by SDML Board, December, 2006; PHSW – 2016) (Moved from General Policy)

Community and Economic Development CB12. The SDML supports ensuring K-12 education is at the highest academically competitive levels as well as the teaching of basic life skills and responsibilities. (PHSW – 2003) CB13. The SDML supports the use of public and private colleges and universities in producing labor studies and other studies on local needs and resources, and in the development of a statewide master plan for economic development. (PHSW – 2003) CB14. The SDML encourages general education cost forgiveness for South Dakota university and technical school graduates who stay in-state for a specified length of time. (PHSW – 2003; 2010) CB15. The SDML supports the creation of a long-range technology master plan for South Dakota. (PHSW – 2003) CB16. The SDML urges investment in research and development and intellectual property using research triangles and incubator programs to promote these endeavors. (PHSW – 2003) CB17. The SDML recognizes that any mismanagement of the Black Hills National Forest is a health, safety and economic development issue for residents of South Dakota. The SDML supports policies that prioritize quality of life and economic development in the Black Hills National Forest. (PHSW – 2003; 2016) CB18. The SDML urges the SD Department of Agriculture and Natural Resources to recognize that environmental regulations cost municipalities an immense amount of money, which could otherwise be spent on economic development and quality of life improvements. The SDML urges DANR to keep environmental regulation as reasonable and affordable as possible for municipalities in South Dakota. (PHSW – 2003) CB19. The SDML recognizes the importance of maintaining the National Science Lab, and strongly supports its continued scientific efforts at the former Homestake mine. (PHSW – 2005; 14) (Moved from General Policy)

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) CB20. The SDML encourages the development of a statewide economic development policy in South Dakota -recognizing that quality of life in communities is a major factor. (PHSW – 2002) (Moved from General Policy)

Public Works Committee

The SDML supports the Safe Drinking Water Act; however, the SDML opposes federally mandated drinking water standards unless based upon proven human health risks substantiated by scientiﬁc data. The SDML continues to support monetary assistance to public water systems based upon ﬂexible and reasonable incentives. (PW – 2000; 2008; 8; 2019)

The SDML opposes any US Corps of Engineers’ proposal to levy fees on the storage of water in the Missouri River reservoirs to recover costs of constructing the Missouri River dams as these fees would pose severe economic impacts to municipal and rural water systems in the state. (PW – 2011; 2019)

POLICIES LOCAL CONTROL AND HOME RULE 1. The SDML recommends that the Department of Transportation, the Legislature, and any county aﬀected, carefully review the ﬁnancial impact of the transfer of any roads, bridges or highways to the municipality. The SDML supports legislation to require counties and the state to provide to municipalities all maintenance records and bridge inspections prior to the negotiation of a transfer. (PW – 2000; 2010; 1) 2.

The SDML strongly supports legislation aﬃrming the authority of municipal government to control activities and charge for the use by utilities within public rights-of-way within municipal jurisdiction. (PW – 2000; 2)

The SDML opposes any regulation by others of any service provided by or regulated by a municipality. However, the SDML strongly feels that municipalities should be included in any discussion on restructuring of the energy and telecommunication industries. (PW – 2000; 3)

COMMUNITY AND ECONOMIC DEVELOPMENT 8.

The SDML recognizes the importance of water, sewer, electric, and other utilities to the economic development of South Dakota. The SDML strongly opposes any measure that would hinder the growth and development of municipal public utilities. (PW – 2019)

PUBLIC HEALTH AND SAFETY 4. The SDML recommends that the State Department of Transportation analyze and make recommendations to the legislature regarding the adverse eﬀects of state load and length limits on municipal streets, bridges, and traﬃc patterns regarding state load limits, issuing of permits, or truck lengths. (PW – 2000; 2010; 6) 5.

The SDML strongly urges the Department of Agriculture and Natural Resources and the South Dakota State Legislature to adopt rules, regulations and appropriate legislation to designate the entire Big Sioux River Basin as a water source protection area and to establish a management plan for the allocation of water in the Big Sioux River Basin (the river and associated aquifers.) (PW – 2000; 7) sdmunicipalleague.org | 1.800.658.3633

PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) 9.

The SDML supports planning and zoning legislation that will encourage continuity between city and county planning and zoning procedures and reduce ambiguities within the adoption process, enabling municipalities to more eﬀectively adopt and administer their comprehensive plan, zoning regulations, and subdivision regulations. (PW – 2000; 10)

10.

The SDML would strongly oppose any legislation to overrule local zoning or building codes pertaining to mobile homes, manufactured houses or trailer houses. (PW – 2000; 11)

11.

The SDML supports the right and authority of municipalities to have at least an equal voice in platting, zoning, planning, code enforcement, and ﬂood management control in the extraterritorial area. The SDML also supports legislation to enhance municipalities’ ability to gain extraterritorial jurisdiction, and permissive legislation allowing cities and counties to enter into intergovernmental agreements for Urban Growth Areas. (PW – 2000; 12)

12. 13.

The SDML opposes the practice of the federal government threatening the loss of funding to ensure compliance with federal guidelines. The SDML requests the Department of Agriculture and Natural Resources to allow flexibility to water systems to meet water certification requirements and urges the Department of Agriculture and Natural Resources to continue monetary assistance and free training for water certification. (PW – 2000; 2008; 16)

20.

The SDML opposes any legislative and regulatory barriers to the creation of municipal electric utilities and supports the fundamental principle of public power and the right of municipalities to provide any utility service desired by their citizens. (PW – 2004)

21.

The SDML opposes legislation that removes the ability of municipalities to determine responsibility for service lines between the homeowner and the city. (PW – 2005; 2016)

22.

The SDML supports the right and authority of municipalities to retain local control over all aspects of placement and use of individual alternative power systems. (PW – 2008)

23.

The SDML encourages policymakers at all levels to understand the importance of robust broadband and other technology deployment in rural America to avoid a digital divide between rural and urban citizens. (PW – 2010; 2019)

24.

The SDML supports amending annexation laws to ensure non-contiguous municipal utility facilities, speciﬁcally wastewater treatment plants and landﬁlls, be considered as being within municipal boundaries. (PW – 2012)

The SDML supports legislation to amend SDCL 9-4-1 to exclude “registered voters” from the petition process for annexation of contiguous territory. (Transferred from GG – 2000; 13) The SDML opposes any legislation which would hinder municipal control of planning, zoning, and development issues within the corporate limits or municipal growth areas. (PW – 2003; 2019)

15.

The SDML believes municipal governments should be notiﬁed of and participate in economic development eﬀorts within their jurisdiction. (PW – 2014)

16.

The SDML supports state and federal funding for the Lewis and Clark Regional Water System to complete services to South Dakota communities. (PW – 2014)

19.

The SDML supports amendments to annexation laws that increase local authority. (PW – 2000; 9)

14.

17.

MUNICIPAL UTILITIES 18. The SDML opposes forced transfer or sale of ownership of state or federally owned dams and power marketing administrations. (PW – 2000; 2010; 15) (Deleted portion moved to Core Beliefs)

The SDML would support legislation to prohibit creation of any entity with municipal powers within ﬁve miles of any existing municipal boundaries. (PW – 2015)

MUNICIPAL FINANCE 25. The SDML supports continuation, reinstatement, or new state and federal grants and loans, at sustained levels, including State Revolving Fund monies, to local governments to facilitate construction and upgrading of sewer, stormwater utility, water, and solid waste facilities as mandated by state and federal regulations. (PW – 2000; 2007; 19)

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) 26.

The SDML supports state funding to restore the funds transferred from the Aeronautics Trust Fund in order to allow South Dakota airports to continue to comply with safety regulations and to provide needed infrastructure improvements. (PW – 2016)

CB2.

The SDML endorses the wise use of energy and urges local oﬃcials to be able to provide adequate input into any energy management or energy standards plan or regulation that aﬀects local government. (PW – 2000; CB2)

27.

The SDML supports legislation to require that all aviation funds, grants, revenues, taxes or monies from any other source collected previously and in the future be dedicated for aviation use only. (Moved from Taxation and Revenue Committee; 31; 2019)

CB3.

The SDML feels strongly that a concerted effort should be made by the state, counties, and cities of this state to eliminate traffic hazards and provide uniform traffic control devices and signing for streets and highways. (PW – 2000; CB3)

CB4.

The SDML supports the Department of Agriculture and Natural Resources establishing water quality standards that protect public health and the environment, but opposes EPA mandates that establish national one-size-fits-all standards that do not fit South Dakota because they are overly protective, have negligible environmental benefit, and have a dramatic economic impact to publicly owned wastewater treatment works. (PW – 2011; 2016) (Moved from General Policy)

CORE BELIEFS Public Health and Safety CB1. The SDML urges municipalities to develop ordinances that establish water and energy priorities within the municipality to conserve these resources. Further, the SDML urges municipalities to develop and implement public education programs designated to encourage water and energy conservation methods. (PW – 2000; CB1)

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) Local Control and Home Rule CB5. The SDML recommends that streets and highways constructed with state/federal funds be based upon consultation and coordination with the local government. (PW – 2000; CB4) CB6.

CB7.

The SDML urges the Transportation Commission, with input from municipal government, to develop and adhere to an adequate transportation plan and supports the development of an access management model. Further, municipalities must be oﬀered participation in any change aﬀecting their area. (PW – 2000; CB5) The SDML opposes any state mandated prohibition against the cities’ right to construct with their own crews. (PW – 2003)

Community and Economic Development CB8. The SDML believes that municipal and county governments should formulate and control all local planning and zoning programs. (PW – 2000; CB7) CB9.

The SDML supports enhanced state and federal funding for water supply and wastewater systems. (PW – 2014; 2018)

Municipal Utilities CB10. The SDML supports the rights of municipalities to establish electric utility systems to provide service within their corporate limits and adjacent urban growth areas. (PW – 2006) CB11. The SDML opposes any legislation limiting or eliminating a municipal electric utility’s right to

serve customers facilitated by annexation and/or condemnation. (PW – 2006) CB12. The SDML encourages the state and federal government to maintain dams in a safe and usable condition. (PW – 2010) (Partially moved from General Policy) CB13. The SDML supports the continued training and certification of water, wastewater, electrical workers, and landfill operators. (PW – 2000; 2004; 2010; 17) (Moved from General Policy) CB14. The SDML opposes any changes to the Power Marketing Administrations and specifically the Western Area Power Administration which deviate from the principles of beneficiary pays and costbased rates. (PW – 2012)

Taxation and Revenue Committee POLICIES COMMUNITY AND ECONOMIC DEVELOPMENT 1. The SDML supports revising the business improvement district statutes to allow municipalities and counties to enter into joint projects and to locally determine all rates. (T&R – 2003) 2.

The SDML supports creating incentives within the REDI fund for investment, not just job creation. (T&R – 2003)

Civil Engineers & Land Surveyors www.sayreassociates.com 69th Street & Southeastern Avenue, Sioux Falls

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) 3.

The SDML supports making REDI funds available for infrastructure and infrastructure master planning. There is plenty of raw land, but it needs infrastructure before it can be sold to prospects or developed in a timely manner. (T&R – 2003) The SDML supports allowing maximum local control of tax increment financing (TIF) districts, an economic development tool that has led to millions of dollars in increased property value, benefitting both the state as a whole and the local entities sponsoring the districts, while at the same time maintaining the integrity of the process. (T&R – 2017) The SDML supports legislation allowing a local vote on up to an additional one cent temporary municipal sales tax to be used for improvement projects. (T&R – 2014) The SDML supports allowing municipalities under 5,000 in population to rebate property taxes to encourage industrial development, with conditions as determined by the governing body. (T&R – 2020) The SDML supports legislation that directs American Rescue Plan Act (ARPA) funds to finance grants and/or principal forgiveness for high priority infrastructure projects through the South Dakota Department of Agriculture & Natural Resources (SDDANR). This state initiative would decrease local costs associated with infrastructure expansion, thereby providing needed incentives for new housing stock and reducing the cost to construct new homes in South Dakota. The SDDANR and its Board of Water and Natural Resources are well-equipped to deploy funds in an efficient, forward-thinking manner. (T&R - 2021)

MUNICIPAL FINANCE 7. The SDML supports cooperative eﬀorts to return a portion of the video lottery revenues to municipalities. (T&R – 2000; 2) 8.

The SDML supports legislation to increase the license fee that municipalities may charge on video lottery machines. (T&R – 2000; 3)

The SDML supports amending SDCL 6-3-3 to return the required percentage of the vote to pass a joint bond issue to a simple majority. (T&R – 2000; 4)

10.

The SDML strongly supports legislation to amend SDCL 10-52A-2 to allow up to 2 percent “bed, booze, and board” tax. (T&R – 2005)

The SDML supports the local option for an application fee to cover the costs of processing alcoholic beverage licenses. (T&R - 2021)

11.

The SDML supports legislation requiring counties to notify municipalities of any changes to road and bridge reserve fund levies. (T&R – 2015)

12.

The SDML supports legislation to make provisions for taxing all products and services, such as electronic amusement devices, consistent between the state and municipalities. (T&R – 2017)

13.

The SDML supports the option to change the Business Improvement District room fee to a percentage basis. (T&R 2019)

Sales Tax 14. The SDML opposes any legislation that would reduce, remove, repeal or reallocate the municipal sales tax, liquor tax reversion or any other municipal revenues to any other unit of government or that would expand the power to impose a sales or use tax to any other unit of government. (T&R – 2000; 9) 15.

The SDML opposes any further exemptions from the sales tax laws. (T&R – 2000; 10)

16.

The SDML opposes the repeal of the sales tax on groceries. (T&R – 2004)

17.

The SDML supports legislation to allow municipalities to impose an additional tax on the leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality. (T&R – 2000; 11)

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) 18.

The SDML opposes any attempt by the state to extend their authority over the collection, administration, and redistribution of the municipal sales tax for any purpose. (T&R – 2000; 12)

19.

The SDML strongly opposes any formula-driven redistribution of sales and use tax revenues. The SDML strongly supports maintaining the current system of returning revenues based on sales actually attributed to that point of delivery. (T&R – 2002; 15)

20.

21.

22.

23.

24.

The SDML supports allowing broad, local-option authority to municipalities that would enable the return of any potential tax revenue increases to entities or persons deemed appropriate by the municipality. (T&R – 2002; 20) The SDML supports a requirement that all prior debt obligations be covered regardless of any potential initiative, referendum, or legislative action. (T&R – 2002; 22) The SDML is opposed to de minimus exceptions. (The exceptions do not serve to level the playing ﬁeld and the collection allowance will reimburse sellers for the costs of collecting the taxes.) (T&R – 2002; 23)

27.

State/Federal Funding 28. The SDML supports repeal of state taxation on alternative fuels used by local governments and supports federal tax incentives for government purchases of alternative fuel vehicles. (T&R – 2007) 29.

The SDML supports exempting government projects from the contractors’ excise tax. (T&R – 2004; 2015)

30.

The SDML supports exempting government owned and provided materials from the contractors’ excise tax. (T&R – 2015)

31.

The SDML supports legislation to allow a local option, gross receipts tax on alcoholic beverages for the counties to fund public-safety related items. (T&R – 2015)

32.

The SDML supports exempting all municipal projects, facilities, and equipment from sales and use taxes, so long as the municipality retains ownership and control, regardless of who installs or operates the facility or equipment. (T&R – 2011)

33.

The SDML opposes removing or reducing tax exemptions for municipal bonds. (T&R – 2013)

The SDML opposes any municipal funding of a sales tax collection allowance for all sellers, whether in or out of state. (T&R – 2002; 2004; 2012; 2013) The SDML supports continued local control over local rates and opposes weighted averaging or a state-imposed single rate. (T&R – 2002; 25)

25.

The SDML supports retaining the ability of municipalities to impose, adjust, and determine local rates, protect current revenues, prevent loss of revenue, and to account for any future growth. (T&R – 2002; 26)

26.

The SDML supports reinstatement of the ability to tax Internet services. (T&R – 2002; 2010; 27)

Property Tax 34. The SDML supports legislation to allow, at local option, the creation of library districts to allow for the equitable funding for libraries that provide service to municipalities, counties, and other overlapping entities. (T&R – 2000; 31) 35.

In order to support more accurate ﬁnancial planning, the SDML supports continued eﬀorts by the Department of Revenue to provide municipalities better and more detailed information on sales tax receipts.

The SDML opposes any legislation that would shift more of the current property tax levy from ag to non-ag property. (T&R – 2000; 32)

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T ) 36.

The SDML opposes attempts to amend the Constitution to cap the growth of property values and base the value on the acquisition value of property. (T&R – 2005)

37.

The SDML supports continuing liens and encumbrances on property purchased through a tax deed. (T&R – 2013)

38.

The SDML supports legislation to amend SDCL 10-13-35 to set the property tax cap at 3% or the rate of inﬂation, whichever is greater. (T&R – 2015)

39.

The SDML supports enhancing and streamlining the information provided by the county director of equalization to the local board of equalization regarding reassessment plans, growth, and listing of properties inspected during the prior year. (T&R 2018)

User Fees 40. The SDML opposes discriminatory charges on county taxpayers living within municipal boundaries for services, including but not limited to 911 emergency services. (T&R – 2012) PUBLIC HEALTH AND SAFETY 41. The SDML supports efforts to hold telecom wireless companies accountable for all surcharge remittance on wireless services provided. The SDML also supports legislation allowing inflationary increase in the surcharge to keep pace with continued growing costs and inflation. (T&R – 2017) 42.

The SDML supports expanding the base for the 911 surcharge to include all means of communicating with a 911 system. (T&R – 2005)

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PROPOSE D S TAT E M E N T O F P O L I CY ( C O N T ) 43.

The SDML supports enhanced revenue from the state and federal governments to implement heightened security standards necessitated by any state or federal Homeland Security requirements. (T&R – 2002; 36)

CB2.

The SDML supports periodic evaluation and increases in state motor vehicle license fees for the funding of streets and highways and supports exploring other revenue to fund the highway transportation needs of the state. (T&R – 2000; CB2)

CB3.

The SDML will support legislation to repeal the reduction in license fees for commercial vehicles, based on age of the vehicle. (T&R – 2000; CB3)

CB4.

The SDML would oppose any redistribution of the motor fuel taxation that would violate the accord reached by the State and local governments in 1985. (T&R – 2000; CB4)

CB5.

The SDML supports funding of the South Dakota Local Technical Assistance Program. (T&R – 2000; CB5)

CB6.

The SDML recognizes that the US Army Corps of Engineers is responsible for the operation and maintenance of dams on the Missouri River, which due to design deﬁciencies, have caused stream bank erosion, channel sedimentation, and riverbed degradation. Therefore, the cost to operate and maintain the Missouri River system as envisioned in the Flood Control Act of 1944 (Pick-Sloan) should be borne by the Federal Government. (T&R – 2000; CB7)

CB7.

The SDML supports legislation for state general funds for training programs at the local level required by the state for ﬁreﬁghters and EMS workers and especially including funds to reimburse volunteers for expenses incurred in training. (T&R – 2000; CB8)

CB8.

The SDML requests that the state ﬁnancially underwrite the full costs of all law enforcement training that is required by the state. Funds levied for training should be used only for training. Adequate funding of the law enforcement academy is essential to the provision of law enforcement oﬃcer training. (T&R – 2000; CB9; 2015)

CORE BELIEFS Municipal Finance State/Federal Funding CB1. The SDML strongly supports the federal government honoring all of its funding obligations, including but not limited to federal highway funding and airport funding. The SDML also strongly supports the continued assistance of the SD Department of Transportation in assuming the local matching portion of federal highway monies. (T&R – 2000; 2010; 2011; CB1)

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

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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

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P R O P O S E D S TAT E M E N T O F P O L I CY ( C O N T )

CB9.

The SDML supports the provisions of SDCL 6-15-1 and 6-15-2, relating to unfunded mandates, and believes that any new federal or state program, fee, legislation, rule, or regulation imposed upon municipalities must be federally or state funded. (T&R – 2000; CB10)

CB10. The SDML supports repeal of state taxation on fuels used by local governments. (T&R – 2003; 31) CB11. The SDML believes that whenever possible and proper, additional local government costs should not be funded through increased real estate taxes, but through appropriate user fees or user tax systems or any other non-ad valorem revenue sources. (T&R – 2000; 33) CB12. The SDML supports continued state and federal ﬁnancing at sustained levels to local governments for projects rehabilitating and preserving water quality in South Dakota streams, rivers, lakes and aquifers. (T&R – 2000; 29) (Moved from General Policy) CB13. The SDML supports developing an open, stronger, more cooperative working relationship with the SD Department of Revenue. (T&R – 2010; 2012) (Moved from General Policy) CB14. The SDML supports federal funding, including the “state-side” share of the Land and Water Conservation Fund, on the condition that the state continues its practice of sharing those funds with municipalities. (T&R – 2000; 2016; 30) (Amended and moved from General Policy) Local Control and Home Rule CB15. The SDML opposes any measure that restricts local control over taxation and spending and urges the defeat of any such measure. Further, the SDML encourages municipalities to work individually and with other local governments to inform citizens of the negative impact of tax and spending limitation measures. (T&R – 2000; CB11)

CB16. The SDML opposes any attempt to impose a tax or regulation on self-insured local government pools or individual self-insured local government entities. (T&R – 2000; CB12) Community and Economic Development CB17. The SDML encourages the Legislature and the Governor to review all laws as they pertain to economic development, and to work with municipalities to develop opportunities and remove impediments to development of our communities. (T&R – 2002; 1) Municipal Utilities CB18. The SDML opposes the imposition of any federal or state taxes, fees, or regulations that would have an eﬀect upon municipally owned enterprises or utilities. (T&R – 2000; 2016; 37; 2019) (Moved from General Policy) User Fees CB19.. The SDML supports the concept of user fees for public service calls, including but not limited to law enforcement and ﬁre protection for all taxexempt properties. (T&R – 2000; 2008; 2010; 33; 2015; 2020 moved to Core Beliefs) ■

Now Available! The only COMPLETE LISTING of its kind for information on all South Dakota cities! sdmunicipalleague.org

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CITY HIGHLIGHT

BROOKINGS

SOUTH DAKOTA CHILDREN’S MUSEUM

VISIT BROOKINGS STAFF

MCCRORY GARDENS

DOWNTOWN EATERIES

Brookings is a city bursting with character. A culmination of the best things South Dakota has to offer - culture, adventure, and a whole lot of community - this small city is one big surprise.

Museum of South Dakota. Marvel at Mama T. Rex and Max, the full-size animatronic tyrannosaurus dinosaurs. At 25 feet tall and 60 feet long, Mama is the focal point of the museum’s outdoor prairie.

Start your adventure with a visit to Brookings’ downtown district. Stroll down main street and stop into a niche boutique, indulge in handcrafted mini sliders from the famous Nick’s Hamburger shop, or find your new favorite locally brewed beer at one of our microbreweries. The downtown populous is ever welcoming and lends something for everyone to enjoy.

For the art buff, Brookings is a dream destination. ‘Urban ally’ showcases a variety of talented artists through large murals painted on ally walls. There is also a comprehensive sculpture collection peppering the city showing how much we love to celebrate creativity through local art.

Looking to flex your connection to nature? You can start with the 135 acres of natural landscape at Dakota Nature Park. From exploring the bike trails to kayaking, there are hours of exploring to be done. More interested in roaming through a botanical garden? McCrory Garden’s Education and Visitor Center has 25 acres dedicated to doing so. One of the most beautiful stops in town, it showcases native trees, grasses, and flowers. The gardens are accompanied by an arboretum spanning 45 acres full of tree and shrub collections and 1.6 miles of trails. Brookings allows all members of the family to spark their imagination. Build, dance, and discover in 44,000 square feet and 4 acres at the Children’s 28

Being home to our state’s land grant university, South Dakota State University, lends unique attractions to Brookings. Engulf yourself in culture at the South Dakota Agricultural Heritage Museum or the South Dakota Art Museum. Located on the South Dakota State University campus, these museums are dedicated to preserving and showcasing South Dakota’s yesteryear. Brookings’s versatility lends itself to be the best place to raise a family, start a business, or make a discovery. From tree-lined streets and beautiful parks to a lively downtown full of unique shops, Brookings is a vibrant community that has room for everyone! Whether you come for a visit or stay for a lifetime, Brookings does not disappoint. ■

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COLUMN

Risk-sharing news

Back to Health: What to do about low back pain SAFETY+HEALTH MAGAZINE R epri nted w i th permi ssi on from S afety+ H ealth m agazine, a N ati onal S afety C ounci l publ i cati on, S ept. 22, 2019.

surgery, neurosurgery and biomedical engineering at Johns Hopkins University; and spokesperson for the American Academy of Orthopedic Surgeons.

LUMBAR OVERLOAD

Our backs often bear the brunt of almost every physical movement we make. From sitting in an oﬃce chair to lifting a heavy box, we count on the lumbar system to carry most of our daily workload. The result? Low back pain, which the National Institute of Neurological Disorders and Stroke says will affect 80% of U.S. adults. In 2018, the World Health Organization reported that low back pain is the leading cause of disability worldwide. Industries with the highest rates of days missed because of back pain (lower and upper), according to 2017 data from the Bureau of Labor Statistics, include health care, transportation, cargo handling, construction, firefighting and maintenance/repair. “The No. 1 reason for a patient to go to their primary health care doctor in the U.S. is the common cold. No. 2 is back pain,” said A. Jay Khanna, spine surgeon; vice chair and professor of orthopedic

Why is pain so often felt in the lower back? It’s because the bones in your lumbar curve bear much of your upper body weight. If you’re overweight, that puts added stress on the region, especially if you carry those pounds in your stomach, which pulls your pelvis and spine forward. This also puts stress on your ligaments and muscles. Over time, it can cause nerves in your spinal column to become constricted. Bulging or herniated discs also are a risk, according to the Southeastern Spine Institute and Ambulatory Surgery Center in Mt. Pleasant, SC. Poor posture and staying in one position for extended periods of time – such as an oﬃce worker sitting at a desk or a truck driver behind the wheel – are other ways we can inflict pain on our backs. For some workers, repetitive stress is the main factor, and that stems from doing the same tasks over and over. This can cause microtraumas, OSHA notes. “What most people don’t realize

about back pain is it’s not whatever you lifted that caused the pain,” said William Marras, executive director of the Spine Research Institute at Ohio State University. “That’s just the straw that broke the camel’s back. We really believe that this is a really long (deterioration) process that happens over months or years, or even decades.”

DOCTOR TIME

If you experience low back pain, the first step is to see your primary care physician within a couple of days or a week after its onset, Khanna advises. However, seek immediate help for “red flag” symptoms such as: • Bowel or bladder dysfunction • Fever or chills • Leg pain, numbness or weakness • Severe back pain that doesn’t get better with medication or rest When he sees patients with back pain, Khanna said he outlines three broad categories of treatment options: physical therapy with anti-inflammatory medications, epidural injections and, in most cases, surgery as “a last resort.” “Ninety percent of back pain will resolve itself within two or three months,” Khanna said. A pain

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R I S K- S H A R I N G N E W S ( C O N T )

Lifting tips The National Safety Council has some tips for avoiding injuries while picking up and carrying objects: • Ensure you have solid footing and keep your back straight with no slouching or curving. • Center your body over your feet, make sure you have a good grip and pull the object as close to you as possible. • Pull your stomach in firmly and lift with your legs, not your back. • If you need to turn, move your feet, don’t twist your back. • Get help if a load is too large or too bulky for one person. • If an object requires two or more people to lift it, have one person supervise and direct the other workers’ actions. Lift, walk and lower objects together as a team. • Use a step stool or sturdy ladder to reach loads above your shoulders. Get as close to the load as you can and slide it toward you. • For loads under cabinets or racks, pull the load toward you, try to support it on one knee before you lift and then use your legs to power your lift.

management specialist – typically an anesthesiologist who has specialized training in injections and other non-operative methods – may help as well, Khanna notes. Others include physical medicine or rehabilitation specialists. Treating back pain can prove “trial and error,” Marras said, often because of individual differences. Magnetic resonance imaging, or MRIs, might not prove as reliable diagnosing back pain as other ailments – especially if an occupational cause is involved. That’s because MRIs can’t be used to determine functional limitations, such as lifting or carrying objects. Of patients who are 60 or older and have no symptoms, Khanna said MRIs reveal 93% have lumbar degeneration, including conditions such as degenerative disc disease, stenosis or small disc herniation. Among patients older than 40, that percentage is around 60. “The patient comes in with back pain, which is very common, they go to a spine specialist and they get an MRI, which shows degenerative changes, which are very common,” Khanna said. “There is a tendency to over-intervene (e.g., recommend surgery), where a lot of patients will get better on their own.”

HOW TO HELP

What can workers do to help their own cause? For starters, they should take care of themselves. This includes getting at least seven hours of sleep a night, eating right, exercising regularly, strengthening core muscles and losing excess weight.

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“Weight is a huge deal,” Khanna said, adding that he sees about 10 times more patients who are obese than who are more fit. Smokers also have a higher incidence of back problems, Marras said. Smoking reduces blood flow to the spine, which can speed up disc degeneration, according to NINDS. Outside of work, employees with back pain should avoid activities that may put stress on the back, such as gardening or picking up children. Bed rest, formerly a recommended remedy, should be avoided for many minor back ailments because it can cause muscle stiffness. For employers, experts tout the use of engineering controls, such as lift tables, and effective ergonomic programs. Workstation and job design “should be considered as the first step to prevent [musculoskeletal disorders],” MingLun “Jack” Lu, research industrial hygienist in the Division of Field Studies and Engineering at NIOSH, wrote in an email to Safety+Health. Marras said one of the most important ways employers can help their workers is by educating them on how and why back problems occur. “People don’t understand how the spine breaks down,” he said. “They think they’re a he-man and can do anything and lift anything, and they don’t understand that with every lift, you could be hurting yourself. By educating people how this works, it gives them a reason to use the interventions that are proposed.” ■

SDML CONFERENCE

MAKING THE MOST OF THE SDML CONFERENCE BEFORE YOU GO

Bring a good idea from home to share and a supply of business cards. If your city has promotional stickers or pins, bring a supply to share to make your hometown visible and help you make connections.

MAKE A PLAN

When you arrive, review the full program of sessions. Map out the sessions you will attend. If others from your community are attending, decide together who will go to what. Your municipality will gain the most when attendees divide and conquer. ALL MEETINGS ARE OPEN TO ALL ATTENDEES.

CONFERENCE FEES SDML Members • One day: $65 • Two-three days: $100 • Guests: $65 ﬂat fee Non-members • One day: $100 • Two-three days: $200 Early bird ends Sept. 24!

ORIENTATION

If you are a ﬁrst time attendee, plan on going to the “Orientation for New Attendees” session on Wednesday morning so you can learn more about the conference and the League, as well as meet other ﬁrst-timers.

ATTEND THE SESSIONS

All sessions listed on the conference program are open to ALL conference attendees – you do not have to be a member of the aﬃliate group to attend their meeting.

TAKE NOTES

Good session notes – complete with notations of who you want to share the information with after the conference and ideas the information generates – will be invaluable when you prepare a summary. Plan to share it with other municipal oﬃcials, citizens and appropriate staﬀ.

DAILY REVIEW

Each evening as you wind down from the day of sensory overload, review your session notes and jot down the top three discoveries. What were the most important, pertinent, useful or amazing

discoveries that day? How are they signiﬁcant to your municipality? Write them down. And – on a speciﬁc day in your calendar – note an idea you want to pursue.

NETWORK

Make it a habit to introduce yourself to others around you at session and events. Have plenty of business cards to share. You can start conversations by asking questions. What part of the conference have they enjoyed most so far? How long has he/she held his/ her position? What are the biggest issues the community faces? You may have common concerns to explore, or solutions that your community has developed.

VISIT THE EXHIBITS

Exhibitors have a lot of experience with municipalities and are experts in their ﬁeld. They can be great sources of information and solutions for municipal concerns. Exhibits are open 8 a.m. to 4 p.m. on Wednesday and 8 a.m. to 11 a.m. on Thursday.

POLICY COMMITTEES

If you serve on a Policy Committee, those meet on Wednesday afternoon. If you are not on a policy

sdmunicipalleague.org | 1.800.658.3633 | Fax: 605.224.8655

SDML CONFERENCE committee, this is an excellent opportunity to sit in on one that is of interest to you. Policy Committees shape the Statement of Policy that guides the League’s legislative agenda for the coming session.

VOTE

Make sure your municipality has a voting delegate at the business meeting on Friday morning so your voice is counted in the election of League board members and the adoption of the Policy Statement.

FEATURING •

•

COST/BENEFIT

Know what it costs your municipality to send you to the conference and be prepared to talk about the beneﬁts your local government receives as a result. Municipal government is a lot like parenthood. It is impossible to know all about it until you are in the thick of it. There is a lot of on-the-job learning – and the SDML Conference is the single best forum for learning about municipal governance in South Dakota.

•

RELAX

Relax and enjoy the sights and delights of Spearﬁsh. Take time to renew yourself every evening to be refreshed the next day. Return home with your notes, contacts, resources, ideas, and dreams – and the commitment to make a diﬀerence with what you have learned! ■

SDML COMMITTEES 2021 NOMINATING COMMITTEE Mike Grosek, Mayor, Webster – Chair Pauline Sumption, Finance Oﬃcer, Rapid City Becky Brunsing, City Administrator, Wagner 2021 AUDITING COMMITTEE Rebecca Brunsing, Wagner – Chair Michelle De Neui, Spearﬁsh Tracy Davis, Rapid City Claire Baartman, Dell Rapids

•

Can Civility Still Win? Mark Halperin, Author, Journalist, Political Strategist Cybersecurity and Our Communities John Iannarelli, FBI Special Agent Executive (Ret.) Public Nuisances: Problems and Solutions Dave Pfeifle, Director, SDPAA Ryan Sage, Assistant City Attorney, Sioux Falls Connecting with Your Community, Even During Crisis Heather Hitterdal, Owner, H Squared Communications Redistricting Seminar Sara Frankenstein, Attorney, Gunderson, Palmer, Nelson & Ashmore, LLP

OTHER SESSIONS • • • •

• •

South Dakota and the Legalization of Marijuana American Rescue Plan Act Funds Mental Health for Municipal Employees Housing and Redevelopment: Answers to a Long-Standing Crisis Essential Air Service Electric Vehicles and Chargers in the Dakotas

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SDML CONFERENCE

CONFERENCE AGENDA

Preliminary agenda, subject to change.

OCT. 5-8, 2021 SPEARFISH HOLIDAY INN CONVENTION CENTER Tuesday, October 5, 2021 S P 6'0/ *ROI 7RXUQDPHQW 3UH UHJLVWUDWLRQ UHTXLUHG 6SHDUILVK &DQ\RQ *ROI &OXE 6SHDUILVK +RVWHG E\ City of Spearfish South Dakota Municipal League S P 6'0/ %RDUG RI 'LUHFWRUV 0HHWLQJ

Wednesday, October 6, 2021 D P 5HJLVWUDWLRQ D P ([KLELWV 2SHQ D P 2ULHQWDWLRQ IRU 1HZ $WWHQGHHV

ORIENTATION FOR NEW ATTENDEES 9 a.m. Wed, Oct. 6 Recommended for any city employees or elected oﬃcials who have not previously attended an annual conference. Meet the Municipal League staﬀ and board members and get a better understanding of what SDML does for municipalities in South Dakota. We’ll review the conference agenda, share success stories of the SDML and explain the purpose of the policy committees.

D P 6' 0XQLFLSDO (OHFWULF $VVRFLDWLRQ Presiding: Russell Halgerson, SDMEA President, Brookings Municipal Utilitiess 0LQQHVRWD 0XQLFLSDO 8WLOLWLHV $VVRFLDWLRQ 2Q 6LWH 2Q 'HPDQG /LQHZRUNHU $SSUHQWLFH 3URJUDP Mike Willets, MMUA Director of Training and Safety (FRQRPLF 'HYHORSPHQW (QJDJHPHQW Senator Casey Crabtree, Director of Economic Development, Heartland Consumers Power District (OHFWULF 9HKLFOHV DQG &KDUJHUV LQ WKH 'DNRWDV Kurt Hauser, Technical Coordinator, Missouri River Energy Services %XVLQHVV 0HHWLQJ DQG (OHFWLRQ D P 6' 0XQLFLSDO 6WUHHW 0DLQWHQDQFH $VVRFLDWLRQ Presiding: Mark Cotter, SDMSMA President, Sioux Falls %XVLQHVV 0HHWLQJ DQG (OHFWLRQ &HPHQW 6WDELOL]HG 6XEJUDGH Alex Fisher, PE, FMG Engineering 3UH ZHW 3UH WUHDW 2SHUDWLRQV ± ,QFOHPHQW :HDWKHU &RQVLGHUDWLRQV Dale Pfeifle, Superintendent, Rapid City Street Division Byorn Kleven, Sales Territory Manager, Force America /($1 3URFHVV ± 6WUHHW 6ZHHSLQJ Dan Whipple, Street Maintenance Supervisor, City of Sioux Falls Bob Hendrix, Fleet Lead Mechanic, City of Sioux Falls 3URSHU )XHO 6WRUDJH )XHO 6LWH (TXLSPHQW 0DLQWHQDQFH Jeff Flaten, Fleet Supervisor, City of Sioux Falls D P 6'0/ 3RROLQJ 0HHWLQJV x 6'0/ :RUNHUV¶ &RPSHQVDWLRQ )XQG x +HDOWK 3RRO RI 6RXWK 'DNRWD x 6RXWK 'DNRWD 3XEOLF $VVXUDQFH $OOLDQFH

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SDML CONFERENCE AGENDA (CONT) D P 3RROLQJ %DJV 6KDUSHQ XS WKRVH EDJ WRVVLQJ VNLOOV DQG FRPH MRLQ WKH ULVN VKDULQJ SRROV IRU D IXQ DQG LQWHUDFWLYH JDPH RI 3RROLQJ %DJV Lynn Bren, Deputy Director, SDPAA Brad Wilson, Administrator, SDML Workers’ Compensation Fund and President of Insurance Benefits, Inc. Gary Drewes, Marketing Representative, SDML Workers’ Compensation Fund/Insurance Benefits, Inc. Jerry Krambeck, Member Services Representative, SDPAA Doug Kirkus, Marketing Representative, SDML Workers’ Compensation Fund/Insurance Benefits, Inc. 1RRQ

6DIHW\ $ZDUGV /XQFKHRQ Presiding: Tracie Everson, Safety Benefits, Inc. +RVWHG E\ SDML Workers’ Compensation Fund South Dakota Public Assurance Alliance

S P 6' &LW\ 0DQDJHPHQW $VVRFLDWLRQ Presiding: Stephanie Ellwein, SDCMA President, Mitchell $IIRUGDEOH +RXVLQJ 6ROXWLRQV Senator Casey Crabtree, District 8 %XVLQHVV 0HHWLQJ DQG (OHFWLRQ 5RXQG 7DEOH 'LVFXVVLRQ $PHULFDQ 5HVFXH 3ODQ $FW $53$ )XQGV 8VH S P 6' $LUSRUW 0DQDJHPHQW $VVRFLDWLRQ Presiding: Todd Syhre, SDAMA President, Watertown %XVLQHVV 0HHWLQJ DQG (OHFWLRQ (VVHQWLDO $LU 6HUYLFH 'LVFXVVLRQ Rich Krokel, Transportation Director, City of Aberdeen Todd Syhre, Airport Director, City of Watertown )$$ %X\ $PHULFDQ DQG $,3 5XOHV Brooke Edgar, Project Engineer/Airport Planner, Helms and Associates S P 6' $VVRFLDWLRQ RI &RGH (QIRUFHPHQW Presiding: Brad Bies, SoDACE President, Yankton %XVLQHVV 0HHWLQJ 6LJQ 2UGLQDQFH %HVW 3UDFWLFHV Jayna Watson, Planning Director, City of Spearfish 3. ,QWHUQDWLRQDO 3URSHUW\ 0DLQWHQDQFH &RGH YV Tom Paisley, Building Official, City of Spearfish Daniel Van Holland, Code Enforcement Officer, City of Spearfish 3DUNLQJ 1XLVDQFH ,VVXHV 'LVFXVVLRQ

QUICK AND EASY AN

ON ONLINE REGISTRATION sdmunicipalleague.org Look for the Conference 2021 drop-down. • Register up to 10 attendees with one transaction • Pay with credit card, e-check, or paper check • Also online: • Most current agenda • Walk/run online registration • Golf scramble registration • Award nomination forms • Lodging information • Spouse/guest registration also available

Early Bird Members can attend the three-

day conference for just $100! S P 6' *RYHUQPHQWDO +XPDQ 5HVRXUFH $VVRFLDWLRQ Presiding: Tracy Davis, SDGHRA President, Rapid City Register online by Sept. 24. %XVLQHVV 0HHWLQJ DQG (OHFWLRQ 0HQWDO +HDOWK IRU 0XQLFLSDO (PSOR\HHV Trina Allen, Vice President of Human Resources, Monument Health 6RXWK 'DNRWD 5HWLUHPHQW 6\VWHP 6'56 8SGDWHV Alan Freng, Retirement Planner, South Dakota Retirement System

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S P 6'0/ 3ROLF\ &RPPLWWHH 0HHWLQJV *HQHUDO *RYHUQPHQW Presiding: Paullyn Carey, Finance Officer, Huron, Chair 3XEOLF +HDOWK 6DIHW\ DQG :HOIDUH Presiding: Tom Paisley, Building Official, Spearfish, Chair 3XEOLF :RUNV Presiding: Robin Bobzien, Public Works Director, Aberdeen, Chair 7D[DWLRQ DQG 5HYHQXH Presiding: Daniel Ainslie, City Manager, Sturgis, Chair S P 6'0/ $XGLWLQJ &RPPLWWHH Presiding: Becky Brunsing, City Administrator, Wagner, Chair S P 6'0/ 1RPLQDWLQJ &RPPLWWHH Presiding: Mike Grosek, Mayor, Webster, Chair S P ([KLELW $UHD 6RFLDO S P 3DVVSRUW WR 6SHDUILVK 7DNH DGYDQWDJH RI DQ RSSRUWXQLW\ WR H[SORUH WKH &LW\ RI 6SHDUILVK¶V DUUD\ RI VKRSV DQG UHVWDXUDQWV *HW \RXU ³3DVVSRUW´ VLJQHG E\ EXVLQHVVHV IRU D FKDQFH WR HQWHU WKH GUDZLQJ IRU D IDQWDVWLF SUL]H

Thursday, October 7, 2021 D P 6'0/ WK $QQXDO :DON 5XQ 3UH UHJLVWUDWLRQ UHTXLUHG 6WDUWV DW 6SHDUILVK +ROLGD\ ,QQ OREE\ DW D P +RVWHG E\ Health Pool of SD SDML Workers’ Compensation Fund South Dakota Public Assurance Alliance D P %UHDNIDVW D P 6'0/ 3DVW 3UHVLGHQWV¶ %UHDNIDVW D P 5HJLVWUDWLRQ D P ([KLELWV 2SHQ D P 5HVROXWLRQV &RPPLWWHH Presiding: Steve Allender, Mayor, Rapid City

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SDML CONFERENCE AGENDA (CONT) D P (OHFWHG 2IILFLDOV :RUNVKRS 3XEOLF 1XLVDQFHV 3UREOHPV DQG 6ROXWLRQV Dave Pfeifle, Director, SDPAA Ryan Sage, Assistant City Attorney, Sioux Falls x $XWKRULW\ WR $FFHVV 3URSHUW\ IRU ,QVSHFWLRQ DQG 3KRWRV x (QWU\ RQWR 3URSHUW\ IRU $EDWHPHQW x -XQN &DU 5HPRYDO 3URFHVV x %ULQJ \RXU TXHVWLRQV IRU GLVFXVVLRQ 2. &RQQHFWLQJ :LWK <RXU &RPPXQLW\ (YHQ 'XULQJ &ULVLV Heather Hitterdal, Owner, H Squared Communications $ YDULHW\ RI SURMHFWV UHTXLUH SXEOLF EX\ LQ WR VXFFHHG 7KH EHVW LQWHQWLRQV GRQ¶W PDWWHU LI WKH SURMHFW QHYHU JHWV RII WKH JURXQG EHFDXVH RI SXEOLF FRQWURYHUV\ +HDWKHU ZLOO KHOS \RX HQJDJH WKH FRPPXQLW\ ZLWK DFFXUDWH DQG WLPHO\ LQIRUPDWLRQ WKDW ZLOO LQVSLUH WUXVW DFFHSWDQFH DQG VXSSRUW

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EXHIBIT AREA HOURS Wed. | 8 a.m.-4 p.m. Wed. | Social 5-6 p.m. Thurs. | 8-11 a.m. Visit exhibitors throughout the conference to learn about the latest trends, products, and services in a variety of ﬁelds. Get your drawing prize card signed by each exhibitor for a chance to win one of two $500 prizes!

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SDML CONFERENCE

2021

The South Dakota Municipal League Hall of Fame was created to honor those elected and appointed officials and employees who have served municipalities in South Dakota for 20 or more years.

Inductee Information (Type or print clearly) ____________________________________ Name

_______ Living

_________ Deceased

_____________________________________________ Title

_________ Retired

Applicants, living or deceased, must have completed 20 years of municipal service as of Sept. 30, 2021. Inductees will be recognized at the Oct. 8tluncheon during the annual conference in Spearfish and in the Nov. issue of South Dakota Municipalities.

________________________________________________________ Municipality

Years of service do not have to be consecutive or with the same municipality. Recognition will be one time per individual.

______________________ Phone

________________________________________________________ Mailing Address _________________ Total Years Served

_____________________________________ Offices/Positions Held ________________________________ Email

Will Inductee be attending the luncheon? Yes____ No____ (If not registered for conference, meal tickets can be purchased on site.)

Recognition takes place yearly. If 20 years of service is completed after Sept. 30, 2021, the official or employee is eligible to be inducted into the 2022 Hall of Fame.

________________________________________________________ Name and Title of Person Making Nomination (if other than inductee) ______________________ Phone

________________________________ Email

If you or someone you know is eligible, please complete and return this form by September 15, 2021, to be recognized at the Annual Conference and in the November issue of South Dakota Municipalities. Please provide a photo and a one paragraph description (100 words max, please email if possible) of the Inductee’s biography or major accomplishments while serving the municipality to be used in the November magazine. Digital photos must be at least 300 dpi. Return to: SDML, 208 Island Drive, Ft. Pierre, SD 57532 Fax: 605-224-8655 Email: lisa@sdmunicipalleague.org

sdmunicipalleague.org | 1.800.658.3633 | Fax: 605.224.8655

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877-896-8442 40

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SDML CONFERENCE

2021 SDML GOLF SCRAMBLE DATE/TIME

Sponsored By: South Dakota Municipal League

Tuesday, October 5, 2021 Sign in at 1:00 p.m. • Tee off at 2:00 p.m.

LOCATION

Spearfish Canyon Golf Club 120 Spearfish Canyon Road, Spearfish, SD (605) 717-4653 • http://www.spearfishcanyoncountryclub.com/

FORMAT

and the

Competition will be 9 holes, 4 person scramble, shotgun start. *Teams will be paired up after signing in at golf course and not before.*

City of Spearfish

ELIGIBILITY Any individual attending the SDML Conference and their guests.

FEES $35/person (includes green fee and cart). To avoid delays, everyone will be required to ride carts.

Novice and Advanced Players Welcome! Prizes will be Awarded! 2021 SDML Golf Scramble Registration Form Name : ____________________________________ Email: _________________________________ Municipality/Organization: __________________________________________________________ Nine hole handicap or average: __________________ Nine hole score: __________________ Return by September 24, 2021 to:

South Dakota Municipal League 208 Island Drive Ft. Pierre, SD 57532

Please enclose your $35/person fee with the registration form.

*Only Personal Checks or Cash will be accepted.* S DML O FF ICE U SE ON LY :

DATE:_____________________ CHECK #:____________________ AMOUNT:__________________

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SDML CONFERENCE

17th Annual

Fun Walk/Run

Just for the Health of It

Free To All Registered Delegates and Guests Thursday, October 7th x

Hosted By SDML Sponsored Risk Sharing Pools: x SDML Workers’ Compensation Fund x South Dakota Public Assurance Alliance x Health Pool of South Dakota

x x x

Route begins and ends at the Holiday Inn Meet in the Front entrance at 7:00 am Starts at 7:00 am 4K or 5K Route

Registration Due to the SDML Office by September 3rd 1 Entry Form Per Participant - Make additional copies as needed. (Please Print) Name_____________________________ City_______________________________ Adult T-Shirt Size:

___S ___M ___L ___XL ___XXL

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF THE RISK AND INDEMNITY AGREEMENT AND CONSENT TO MEDICAL TREATMENT By my signature below, I acknowledge that I am aware of, appreciate the character of, and voluntarily assume the risks involved in participating in the 2021 17th Annual Walk/Run at the 2021 South Dakota Municipal League Annual Conference in Spearfish. By my signature below, on behalf of myself, my heirs, next of kin, successors in interest, assigns, personal representatives, and agents, I hereby: 1. Waive any claim or cause of action against and release from liability the South Dakota Municipal League, SDPAA, SDML WC Fund and the HPSD, its officers, employees, and agents for any liability for injuries to my person or property resulting from my participation in the activity listed above; 2. Agree to indemnify and hold harmless the South Dakota Municipal League, SDPAA, SDML WC Fund and the HPSD, its officers, employees, and agents for any claims, causes of action, or liability to any other person arising from my participation in the activity listed above; and 3. Consent to receive any medical treatment deemed advisable during my participation in the activity listed above. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF THE RISK AND INDEMNITY AGREEMENT AND CONSENT TO MEDICAL TREATMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. Name ____________________________________________________________ Date of Birth _______________________ Address ___________________________ Signature __________________________________________________________ I HAVE READ THIS RELEASE. Signature of Guardian if under the age of 18 ___________________________________________________________________

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

I HAVE READ THIS RELEASE.

CHRIS HILL DIRECTOR OF MUNICIPAL ELECTRICAL SERVICES The South Dakota Municipal Electric Association (SDMEA) has a lot going on this fall. The SDMEA is hosting a golf tournament on Sept. 14 in Madison. If you didn’t get signed up this year, be on the lookout for information regarding the tournament next year as we are hoping to do an annual golf tournament to get everyone together more frequently throughout the year. It is a great opportunity to network with other member communities as well as vendors in our industry. Please do not hesitate to contact me if you have any questions or would like to sign up to golf! The South Dakota Municipal League conference is also quickly approaching and will begin Oct. 5 this year in Spearfish! This will be our 88th annual conference and information for the conference can be found on the SDML website. This year, the SDMEA annual business meeting will take place Wednesday, Oct. 6 beginning at 9 a.m. The SDMEA President Russell Halgerson will be presiding along with board members: Vice President Jerry Jongeling, Sioux Falls Traﬃc, Light and Power Superintendent; Mike Antonson, Beresford Electrical Superintendent; Monty Munkvold, Vermillion Electrical Superintendent; Bert Magstadt, Watertown Municipal Utilities Director of Operations. This year, our presenters will be Mike Willets from Minnesota Municipal Utilities; Senator Casey Crabtree from Heartland Consumers Power District; and Kurt Hauser from Missouri River Energy Services. Mike Willets is the Director of Training and Safety for MMUA

and will be presenting on their Onsite, On-demand Lineworker Apprentice Program. This program is designed to train current employees for an apprentice lineworker role. We have a few member communities in South Dakota that have been utilizing the program to build new skills with current employees. Several of our member communities do have a tougher time recruiting and retaining lineworkers and this program helps us to retain current employees while letting them learn a new role for their municipality. Senator Casey Crabtree is the Director of Economic Development for Heartland Consumers Power District (HCPD). HCPD provides supplemental power to 19 of the 35 municipal electric communities in South Dakota. Casey is passionate about economic development in the state of South Dakota and is willing to seek out any information to help South Dakota and its communities to grow and develop. Casey will talk about some of the incentives and community assistance that is offered to our members and ways to improve each one of our communities.

Kurt Hauser is the Technical Coordinator for Eﬃciency Incentive Programs for Missouri River Energy Services. With the emerging industry of electric vehicles (EVs), Kurt will give a presentation on EVs in the Dakotas. He will discuss what it takes to set up public charging stations and what our member municipalities will see at their citizens’ homes. Kurt will also discuss how to manage peak demands. The annual business meeting will follow the presentations. While I always look forward to the SDML conference, this year has me feeling even more excited than usual as it has been a while since we have gathered. I hope that you can plan and can make it out to the SDML Annual Conference. The conference kicks off with a golf tournament on Tuesday, Oct. 5 and you can sign up at sdmunicipalleague.org for the golf tournament and the conference! Come to the South Dakota Municipal Electric Association Annual Business Meeting and discuss what makes our HOMETOWNs great! ■

SD Municipal Electric Association Meeting 9 a.m., Wed., Oct. 6

Presiding: Russell Halgerson, SDMEA President, Brookings Municipal Utilities 1. Minnesota Municipal Utilities Association On-Site On-Demand Lineworker Apprentice Program. Mike Willets, MMUA Director of Training and Safety 2. Economic Development Engagement. Senator Casey Crabtree, Director of Economic Development, Heartland Consumers Power District 3. Electric Vehicles and Chargers in the Dakotas. Kurt Hauser, Technical Coordinator, Missouri River Energy Services 4. Business Meeting and Election sdmunicipalleague.org | 1.800.658.3633

ARPA LOCAL RELIEF FREQUENTLY ASKED QUESTIONS NATIONAL LEAGUE OF CITIES After the American Rescue Plan Act was signed into law by President Biden on March 11, 2021, it guaranteed direct relief to cities, towns and villages in the United States (Sec. 9901: Coronavirus State and Local Fiscal Recovery Funds). The U.S. Department of the Treasury is responsible for overseeing this unprecedented program. NLC is sharing information about municipal allocations by state and city leaders’ questions with the Treasury. NLC has identified your frequently asked questions about Coronavirus Local Fiscal Recovery Fund grants. These answers will be updated as additional information becomes available. WHEN CAN WE EXPECT MORE GUIDANCE?

The U.S. Department of the Treasury released guidance on May 10, 2021, that included information about eligible uses, ineligible uses, allocations for Metropolitan cities, reporting requirements for Metropolitan cities, and receiving guidelines for Metropolitan cities. Guidance information, including the Interim Final Rule can be found at https:// home.treasury.gov/policy-issues/coronavirus/ assistance-for-state-local-and-tribal-governments/ state-and-local-fiscal-recovery-funds Additional guidance for Non-entitlement Units of Local Government (NEU) was released on May 24, 2021. This guidance sets forth a process by which the state can download a list of local governments from the Treasury website alongside a step-by-step guide to allocating and distributing funds to their NEUs. Information regarding states with no eligible counties do not appear in this guidance document but additional instructions for those states/cities will be provided in the near future. NEU guidance information, including a checklist for NEUs to receive payment, can be found at https://home.treasury.gov/policy-issues/ 44

coronavirus/assistance-for-state-local-and-tribalgovernments/state-and-local-fiscal-recovery-fund/ non-entitlement-units

WHAT DOES MY CITY NEED TO DO TO RECEIVE FUNDS?

The Coronavirus Local Fiscal Recovery Fund grants are formula grants and under the formula every municipal government is entitled to receive a calculated share of the $65.1 billion for cities, towns and villages. These are not competitive grants and local governments will NOT have to submit an application or certification to justify their needs in advance. Municipalities do need to take certain steps to make sure they receive their grants, however. Metropolitan cities (population greater than 50,000) should ensure they have a valid DUNS number, an active SAM registration, and payment information – including Entity Identification Number (EIN), name, and contact information; name and title of authorized representative of the entity; and financial institution information. Non-entitlement Units of Local Government (population less than 50,000) must have a valid DUNS

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

number to meet reporting requirements. Since they will be receiving their grants through their state government, they do not need an active SAM registration.

WHAT IS A DUNS NUMBER?

Metropolitan cities and Non-Entitlement Units of Local Government must have a valid DUNS number to meet reporting requirements in the Coronavirus Local Fiscal Recovery Fund. A DUNS number is a unique nine-character number used to identify an organization and is issued by Dun & Bradstreet. The federal government uses the DUNS number to track how federal money is allocated. A DUNS number is required prior to registering with the SAM database, which is outlined below. Registering for a DUNS number is free of charge. If an entity does not have a valid DUNS number, please visit https://fedgov.dnb.com/webform/ or call 1-866-705-5711 to begin the registration process.

QUALITY WATER WASTEWATER TREATMENT

INTERACTIVE GIS

WHAT IS AN ACTIVE SAM REGISTRATION?

Since they will receive their funds directly from the federal government, Metropolitan cities will need an active SAM registration, whereas Non-Entitlement Units of Local Government will not need this registration since they will receive their funds through their state governments. SAM is the oﬃcial government-wide database to register with in order to do business with the U.S. government. All Federal financial assistance recipients must register on SAM.gov and renew their SAM registration annually to maintain an active status to be eligible to receive Federal financial assistance. There is no charge to register or maintain your entity SAM registration. If an entity does not have an active SAM registration, please visit, SAM.gov to begin the entity registration or renewal process. Please note that SAM registration can take up to three weeks; delay in registering in SAM could impact timely payment of funds.

SUSTAINABLE ROADS

WATER RESOURCES

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www.ae2s.com

sdmunicipalleague.org | 1.800.658.3633

Municipal infrastructure engineering drives growth in our towns, cities, and communities. Maintaining and building sustainable public infrastructure must consider a series of social, economic, technological, and environmental opportunities and issues alike. We’ve built our firm on a comprehensive list of services from planning and design through the construction process, tailored to assist in all aspects of your community’s project from start to finish. #engineeringabettercommunity

ARPA LOCAL RELIEF (CONT ) HOW WILL MY CITY RECEIVE ITS FUNDS?

Metropolitan cities will receive direct funding under the America Rescue Plan Act. The Act designates Metropolitan cities will receive their funds directly from the U.S. Department of Treasury. The Act designates Non-Entitlement Units of Local Government will receive federal funds that through their state. Metropolitan cities can now request their funds through the Treasury Department Portal at https:// home.treasury.gov/policy-issues/coronavirus/ assistance-for-state-local-and-tribal-governments/ state-and-local-fiscal-recovery-fund/request-funding

WHAT WILL I NEED TO REPORT TO THE TREASURY?

Metropolitan cities will be required to submit one interim report and thereafter quarterly Project and Expenditure reports through the end of the award period on December 31, 2026. The interim report will include a recipient’s expenditures by category at the summary level from the date of award to July 31, 2021 and, for States and territories, information related to distributions to nonentitlement units. Recipients must submit their interim report to Treasury by August 31, 2021. Non-entitlement units of local government are not required to submit an interim report. Cities will need a valid DUNS number to meet the reporting requirements for the Coronavirus Local Fiscal Recovery Fund.

HOW MUCH MONEY WILL MY CITY RECEIVE?

As of May 10th, The Treasury Department released the final allocations for Metropolitan cities. Final allocations are not yet available for Non-Entitlement Units but are expected to be released soon. However, you can find those non-final estimates of your allocation on our Local Allocations in the American Rescue Plan at https://www.nlc.org/resource/ local-allocations-in-the-american-rescue-plan/ Of the $65.1 billion total, $45.57 billion, or 70% of funds, will be allocated to Metropolitan cities using a modified Community Development Block Grant

formula calculation. The remaining $19.53 billion, or 30% of funds, will be allocated using a simple percapita calculation, with total grant size for non-metro cities capped at 75% of the locality’s most recent budget as of January 27, 2020.

WHEN WILL MY MUNICIPALITY RECEIVE FUNDS?

Cities designated as “Metropolitan cities” can begin applying for the funds now through this portal. NonEntitlement Units of Local Government will receive their money as late as 90 days after the signing of the law (March 11, 2021). Funding will be released to state and local governments by Treasury in two tranches. Half the funding each city is entitled to will be released under the first tranche beginning May 10, 2021; and the second half of funds will be released under the second tranche one year after the disbursement of the first tranche.

IS THERE A DEADLINE TO USE THE FUNDS?

We are waiting for the U.S. Department of Treasury to weigh in on this. The bill states that funds for local governments will “remain available through December 31, 2026.”

CAN RECOVERY FUNDS BE USED FOR STORMWATER PROJECTS AND EXPENSES?

Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines. Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly-owned treatment works. To help jurisdictions expedite their execution of these essential investments, Treasury’s Interim Final Rule aligns types of eligible projects with the

sdmunicipalleague.org | 1.800.658.3633

ARPA LOCAL RELIEF (CONT ) wide range of projects that can be supported by the Environmental Protection Agency’s Clean Water State Revolving Fund and Drinking Water State Revolving Fund. Recipients retain substantial flexibility to identify those water and sewer infrastructure investments that are of the highest priority for their own communities.

CAN MY CITY DECREASE TAXES AFTER RECEIVING THESE FUNDS?

The rule that would prohibit tax decreases is a restriction only on States. The local government section of the bill contains no prohibition on lowering taxes.

WHAT INFRASTRUCTURE PROJECTS CAN FUNDS BE USED ON?

General infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband investments or above the amount allocated under the revenue loss provision.

CAN RECOVERY FUNDS BE USED FOR PENSIONS?

The statute provides that recipients may not use Fiscal Recovery Funds for “deposit into any pension fund.” For the reasons discussed below, Treasury interprets “deposit” in this context to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued, unfunded liability. More specifically, the interim final rule does not permit this assistance to be used to make a payment into a pension fund if both: 1. The payment reduces a liability incurred prior to the start of the COVID-19 public health emergency, and 2. The payment occurs outside the recipient’s regular timing for making such payments. Under this interpretation, a “deposit” is distinct from a “payroll contribution,” which occurs when employers make payments into pension funds on regular intervals, with contribution amounts based on a predetermined percentage of employees’ wages and salaries.

/sdmunileague 48

CAN CITIES TRANSFER THEIR ALLOTTED FUNDS TO COUNTIES?

The statute provides four categories in which a city can transfer funds. 1. A private nonprofit organization 2. A public benefit corporation involved in the transportation of passengers or cargo 3. A special-purpose unit of State or local government 4. A state government The statute is silent on transferring funds to a county.

CAN GOVERNORS OR STATE LEGISLATURES INTERFERE WITH THE ALLOCATION OR SPENDING OF CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS?

No, a State may not impose stricter limitations than permitted by statute or Treasury regulations or guidance on an Nonentitlement Units of Local Government’s use of Fiscal Recovery Funds based on the Nonentitlement Units of Local Government’s proposed spending plan or other policies. States and territories are also not permitted to offset any debt owed by the Nonentitlement Units of Local Government against the Nonentitlement Units of Local Government’s distribution. Further, States and territories may not provide funding on a reimbursement basis—e.g., requiring Nonentitlement Units of Local Government’s to pay for project costs up front before being reimbursed with Fiscal Recovery Funds payments—because this funding model would not comport with the statutory requirement that States and territories make distributions to Nonentitlement Units of Local Government’s within the statutory timeframe.

WHAT IS THE ALLOCATION METHOD FOR METROPOLITAN CITIES?

Metropolitan cities are provided with $45.57 billion under the Act. The term “Metropolitan city” is defined “in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021.”

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ARPA LOCAL RELIEF (CONT ) To identify cities that have relinquished or deferred their status as a metropolitan city in the CDBG program, Treasury consulted with HUD staff. Based on these consultations, Treasury determined that there are 142 such cities, which are treated as metropolitan cities for the purpose of CLFRF in accordance with the Act. The Act also specifies that each metropolitan city shall receive “an amount determined for the metropolitan city consistent with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)), except that, in applying such formula, the Secretary shall substitute ‘all metropolitan cities’ for ‘all metropolitan areas’ each place it appears.”

METHODOLOGY

The Act provides that the Secretary shall substitute “all metropolitan cities” for “all metropolitan areas” in each place it appears. This substitution removes urban counties, which are provided for separately under the Act, 4 from the ratios used in

the calculation of allocations for metropolitan cities. The Act also provides that the Secretary shall allocate and pay to each metropolitan city an amount determined for the city “consistent with” the CDBG formula. As noted, the CDBG formula uses six weighted variables.5 This formula reflects an approach taken since the 1970s on how to assess communities’ needs for funds to provide suitable living environments and expanded economic opportunities, particularly for low-income communities. But applying the formula solely by substituting “all metropolitan cities” for “all metropolitan areas” has the effect of changing the relative importance of the variables: in particular, it alters the weight normally assigned to “population growth lag.” While substituting “all metropolitan cities” for “all metropolitan areas” ensures that all of the metropolitan cities’ allocation will be distributed, a substitution that

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sdmunicipalleague.org | 1.800.658.3633

ARPA LOCAL RELIEF (CONT )

Marketing Hometown America

changes the relative importance of the variables that drive the underlying CDBG formula would produce results that are not “consistent with” with the formula, as the statute requires. To achieve the statutorily mandated consistency with the CDBG formula, while still “substitut[ing] ‘all metropolitan cities’ for ‘all metropolitan areas’ each place it appears,” Treasury has adjusted the relative weights of the ratios that make up the formula to reflect the same relative importance of the ratios absent the substitution. ■

DO YOU HAVE CITY N E W S TO S H A R E? Email us your copy (250 words max) detailing your city’s notable achievement - a project, initiative, award, or individual honor. Include an image if possible. info@sdmunicipalleague.org

Community Vitality

Marketing Hometown America showed us what is needed to make our town thrive. It helped us organize committed people to work together making a difference in our community.” —Dave Anderson, President Mount Vernon Economic Development Group

Marketing Hometown America empowers communities to create a vision to attract new residents. Designed as a tool to create dialogue that moves people toward action, it can be the spark to help a rural community look at itself in a new way. Talk to any SDSU Extension Community Vitality staff member for more information.

In remembrance of Julia Hoefert Julia M Hoefert, age 53, passed away peacefully on Saturday, July 10, 2021 in the comfort of her home and in the care of Avera at Home Hospice after a long battle with ovarian cancer. Julia was born Nov. 26, 1967 in Babylon, New York. Her parents were Donald and Linda Cose. She graduated from Washington High School in Sioux Falls, SD, and later graduated from Southeast Technical Institute with a degree in Data Processing/Computer Programming. Julia worked at the Sioux Falls Area Humane Society for over eight years and most recently worked as a financial oﬃcer for the City of Baltic.

Julia met Gregory Hoefert at Viking Glass where she worked in accounting and Greg worked as a welder at the other end of the building. Greg’s Harley caught Julia’s eye and they were married on July 7, 2000 at McKennan Park in Sioux Falls, South Dakota. After the wedding ceremony, they rode that Harley into the sunset on their way to the Black Hills for their honeymoon. Greg and Julia had three sons, Ryan, Sean and Cory. As a family they enjoyed vacations and day trips, with one of their best memories being taking the boys on a 4,500-mile motorcycle trip. Julia loved spending time with friends and family. Her hobbies

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included horseback riding and animals of every kind. She loved painting her nails but also had a love for country living. She was not afraid to get her hands dirty. Grateful to have shared Julia’s life with her are her husband Greg Hoefert of Colman, SD; her sons Ryan Hoefert of Vermillion, SD, Sean(Rachel) Hoefert of Marion, IA, and Cory Hoefert of Tiﬃn, IA; her brother Jason (Jackie) Cose; and her father Donald Cose. ■

COLUMN

S D PA A N e w s DAVE PFEIFLE EXECUTIVE DIRECTOR SD PUBLIC ASSURANCE ALLIANCE

SDPAA and DSU Launch Cybersecurity Assessments for SDPRAA Members Cyberattacks are increasing at an alarming rate across the country, affecting every type of entity. Local governments are especially vulnerable. Cyberattacks on local governments are usually the most “successful” due to that vulnerability. Since 2017 cyberattacks on state and local governments have nearly doubled. The rural nature of South Dakota puts our local governments at greater risk. The South Dakota Public Assurance Alliance (SDPAA) provides cyber liability coverage for every Member participating in its liability coverage program. This coverage provides an array of instant resources whenever a Member contacts us about a possible cyber claim. Immediately breach coaches will begin working with the public entity to assess, discuss, and implement the next steps. These breach coaches are part of a team of national legal and cyber experts. The cyber experts will assist in assessing the nature and extent of any possible breach of your system. The legal experts will assist in assessing the possible release of any confidential constituent information and any potential notifications as required by law. To proactively improve your cybersecurity readiness, the SDPAA has teamed with Dakota State University (DSU) to offer cybersecurity assessments as a new service to our Members. The assessments include internal and external pen testing, wireless assessments, social engineering testing, continuous threat hunting on the dark web, and more. The funding for these assessments has been provided by the Division of Consumer Protection in the South Dakota Attorney General’s Oﬃce. We are so grateful for the outstanding team at DSU being available through the resources provided by the Attorney General’s Oﬃce to offer this service to our Members.

Cybersecurity continues to be a massive threat for all local governments in our country, including South Dakota. According to the annual Verizon Data Breach Investigative Report, several concerning trends are occurring: 1. Social engineering continues to be a leading cause of cyberattacks, which means security awareness training is critical. 2. 85% of all breaches included a human element. DSU will work with the SDPAA to make security awareness training available to all local governments on an annual basis. 3. The financial impact of incidents is rising. The average cost of a breach is between $21,659 to $653,587. We can reduce this with proper mitigation activities. 4. Organized crime is the top threat actor in breaches. We are not immune to this in South Dakota. 5. Ransomware doubled its frequency from 2019, appearing in 10% of breaches. To secure your spot while funding is available, please contact projectboundaryfence@dsu.edu regarding these services and visit https://dsu.edu/boundaryfence/ for more information. Cybersecurity assessments will be a first-come, first-serve service. This proactive approach for protecting and improving local governments’ cyber hygiene is likely the first of its kind in the country. If your public entity is not a Member of the SDPAA, please contact the SDPAA at 800-658-3633 option 2 or by email at sdpaa@ sdmunicipalleague.org to inquire about all the services available to SDPAA Members. ■

sdmunicipalleague.org | 1.800.658.3633

D AN R A NN O U N C E S N E ARLY $11 M I LLI ON FOR STATEWIDE ENVIRONMENTAL PROJECTS The South Dakota Department of Agriculture and Natural Resources (DANR) recently announced the Board of Water and Natural Resources has approved $10,982,600 for water, wastewater, stormwater, and solid waste projects. The $10,982,600 total includes $2,055,600 in grants and $8,927,000 in low-interest loans. The grants and loans approved by the board will be administered through the Department of Agriculture and Natural Resources. The grants and loans were awarded from DANR’s Consolidated Water Facilities Construction Program, Drinking Water State Revolving Fund Program, Clean Water State Revolving Fund Program and Solid Waste Management Program. The Consolidated Water Facilities Construction Program, funded in part by revenues from the Petroleum Release Compensation Tank Inspection fee and the sale of lotto tickets, provides grants and loans for water, wastewater and watershed projects. The State of South Dakota and the U.S. Environmental Protection Agency fund the Clean Water State Revolving Fund Program, which provides low-interest loans for wastewater, storm water, water conservation, and nonpoint source projects, and the Drinking Water State Revolving Fund Program, Helping you which provides low-interest find solutions: loans for public drinking water system projects. The Solid Waste Management Program provides grants and loans for solid waste disposal, recycling, and waste tire projects. The Legislature annually appropriates dedicated water and waste funding for the Consolidated and Solid Waste programs through the Governor’s Omnibus Water Funding Bill. ■

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GRANTS WERE AWARDED TO:

• Rapid City, $275,600 for landfill improvements • Custer Fall River Regional Waste Management District, $70,000 for landfill improvements • South Eastern Council of Governments, $500,000 to recapitalize a solid waste loan fund

LOANS WERE AWARDED TO:

• Canistota, $2,425,000 for drinking water, wastewater, and stormwater improvements • Salem, $847,000 to make stormwater improvements • Mitchell, $1,175,000 to make drinking water improvements

GRANT AND LOAN PACKAGES WERE AWARDED TO:

• Canova, $190,000 for drinking water improvements, which includes a $50,000 grant • Lennox, $3,677,000 for drinking water, wastewater, and stormwater projects, which includes a $510,000 grant • Crooks, $1,823,000 for a wastewater project, which includes a $650,000 grant

TRAINING

SDML

South Dakota Municipal League Redistricting Seminar October 27, 2021 Via Zoom Webinar

Seminar Description: This educational seminar will address how and why redistricting should be accomplished. The seminar will cover the basics of voting ward redistricting, including the logistics of how to do it, spotting issues which require an expert, avoiding the attention of the ACLU and Department of Justice, and how to work with your planning districts. The seminar will show examples of redistricting done right, redistricting gone bad, and an overview of how to keep your governmental bodies on the right track moving into the new decade. Presenter: Sara Frankenstein is a partner of Gunderson, Palmer, Nelson & Ashmore, LLP law firm of Rapid City, SD. Sara specializes in voting rights and election law. Format: The seminar will be held via Zoom Webinar on October 27th at 3:00 PM CST (2:00 PM MST). Login information for the webinar will be emailed out to those who register, so please include an email address. *The seminar is jointly hosted by the South Dakota Municipal League, the South Dakota Public Assurance Alliance, the South Dakota Association of Counties and the Associated School Boards of South Dakota and is offered to you free of charge. Entity: (City, County, School District) _________________________________________________________ Please Print:

Name

Title

______________________________ ______________________

___________________________

______________________________ ______________________

___________________________

______________________________ ______________________

___________________________

Please return this form by October 20, 2021* to: Email: Lisa@sdmunicipalleague.org Mail: South Dakota Municipal League 208 Island Drive Fort Pierre, SD 57532

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

sdmunicipalleague.org | 1.800.658.3633

UPCOMING SDML EVENTS OCT

SDML BOARD OF DIRECTORS MEETING Spearfish

5-8

SDML ANNUAL CONFERENCE

REDISTRICTING SEMINAR

Spearfish

Zoom Webinar

nov 17-20 dec

NATIONAL LEAGUE OF CITIES CITY SUMMIT Salt Lake City, UT

JOINT SDML BOARD MEETING WITH COUNTY ASSOCIATION Pierre

MILLER JOINS SDML TEAM Emilie Miller, Pierre, joined the South Dakota Municipal League in August as the Director of Marketing and Communications. Miller’s background includes nearly 20 years with the State of South Dakota in the areas of communications and visitor services, the majority spent in various positions with the South Dakota State Parks. A life-long South Dakotan, Miller grew up on a farm near South Shore, attended school in Waverly, and graduated from SDSU in Brookings with a degree in journalism. She has lived in the Pierre/Fort Pierre area for 18 years. She and her husband have two teenage daughters. Miller fills the position previously held by Sara Rankin, who departed earlier in the summer. Contact: emilie@sdmunicipalleague.org 605.224.8654, ext 101 54

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COLUMN

WASHINGTON REPORT REP. DUSTY JOHNSON WORK IS OPPORTUNITY Like many South Dakotans, I grew up in a working-class family where the value of hard work was instilled in me at a young age. The ability to earn an income and support your family is one of the greatest opportunities America has to offer. The COVID-19 pandemic hindered this opportunity as businesses and schools closed across the country and many families found themselves hard-pressed financially. The federal government took unprecedented steps to ensure that those who were most affected by the pandemic could receive assistance. Bipartisan supported programs like the Paycheck Protection Program were temporarily enacted to keep employees on payroll and help those most in need. Now, in the midst of reopening our nation’s economy, many of the temporary changes are still in place a year and a half later and hindering our recovery efforts. The following policies are keeping people from returning to work: Work requirements to receive Supplemental Nutrition Assistance Program benefits remain repealed. The additional $300 a week in federal unemployment benefits continues in 25 states. The automatically reenrolled advanced payments on the expanded Child Tax Credit have started, laying the foundation for universal basic income, a longsought goal of socialism supporters.

There is simply no incentive to work when social safety net programs make it more lucrative to stay at home. This is evident in the fact that the labor participation rate remains near peak-pandemic levels. However, there was good news this month. After half of the nation’s Republican governors ended the extra federal unemployment benefit, the July jobs report did show a lower unemployment rate than past months. According to a study by the Foundation for Government Accountability, unemployment claims have declined by 30% in states like South Dakota where additional unemployment benefits have ended. Meanwhile, in states that have kept federal unemployment benefits, new unemployment claims continue to rise. The data doesn’t lie – taking away the incentive curbs unemployment and gets people back to work. That’s why I’ll continue to push my Get Americans Back to Work plan which would end the additional federal supplemental unemployment payment across the board. The American dream is built on the notion that anyone can succeed if they work hard. Work should not be viewed as a punishment, but rather a way forward. Work yields opportunity, work enriches communities, and work leads to a more prosperous nation. Our government should encourage work, rather than disincentivize it. ■

sdmunicipalleague.org | 1.800.658.3633

HOMETOWN HAPPENINGS

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OCT 7 - OCT 10 ANNUAL GREAT SCARECROW FESTIVAL Huron

OCT 2 - OCT 3 RUN CRAZY HORSE MARATHON AND RACES Custer

OCT 8 - OCT 9 JUNKIN’ MARKET DAYS Sioux Falls

OCT 2 - OCT 3 FORT PIERRE HORSE RACES Fort Pierre

OCT 8 - OCT 10 BLACK HILLS POWWOW Rapid City

SEPT 30 - OCT 3 SOUTH DAKOTA FESTIVAL OF BOOKS Deadwood

OCT 8 - OCT 10 PUMPKIN FESTIVAL WEEKEND Harrisburg

STRAWBALE WINERY HARVEST FESTIVAL Renner BIERBÖRSE Rapid City OCT 9 - OCT 10 DAKOTA PIECES QUILT SHOW Sioux Falls

SEPT 25 - OCT 10 PUMPKIN FESTIVAL Canton

NATIVE AMERICAN DAY AT CRAZY HORSE MEMORIAL Crazy Horse

ENDS

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HOMETOWN HAPPENINGS

OCT 16 - OCT 17 KELOLAND LIVING ARTS & CRAFTS SHOW Sioux Falls OCT 16 - JAN 31, 2022 PHEASANT HUNTING SEASON Statewide

OCT 22 - OCT 23 GOVERNOR NOEM’S SOUTH DAKOTA SHOWCASE Sioux Falls

ENDS

AUG 9 - OCT 23 MARKET AT THE MERIDIAN Yankton

HALLOWEEN HIKE LaFramboise Island Nature Area Pierre

OCT 29 - OCT 30 DEADWEIRD Deadwood

YANKTON’S HARVEST HALLOWEEN Yankton SCARE IN THE SQUARE Rapid City MORTIMER’S MONSTEROUS HALLOWEEN EVENT Oakwood Lakes State Park TRICK OR TREAT TRAILS Big Sioux Recreation Area

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FAITH LEVERAGES FUNDS TO COMPLETE E X P E N S I V E S E W E R SYS T E M U P G R A D E R.J. INSKEEP PROJECT MANAGER/TECHNICAL ASSISTANCE PROVIDER R e p ri n te d w i th permi ssi on from Mi dw est A ssi stance P rogram, I n. ( M AP)

The City of Faith is a small town located in Meade County, in central South Dakota, that is a hub for cattle ranching, general livestock, farming, and providing accommodations for visiting travelers. With a population of 421, the city has approximately 192 sewer/water service connections to residents and businesses. The famous dinosaur T-Rex called “Sue” was found in an area not far from Faith. The City of Faith needed to refurbish its entire wastewater collection system to address significant inflow and infiltration problems within the system. The city also needed a remedy for the persistent clogging of pipes from tree roots, the corroding condition of system manholes, and the improper connection of sewer service lines. The original wastewater collection system was installed in the 1920s using vitrified clay piping. In recent years, a few short segments have been replaced with newer pipe; however, the vast majority of the system (over 80%) is original material and is showing signs of significant deterioration. A Preliminary Engineering Report recommended the best option to remediate the city’s sewer collection issues was to “slip-line” the existing sewer collection piping and replace the corroding system manholes.

The completed financing package made the project feasible and affordable for the community. MAP provided technical assistance to the city in the bidding phase and during project construction, with the goal of ensuring the project moved along smoothly. Due to the multiple funding sources, it took coordination among organizations to ensure the funds were spent in the correct order. When MAP asked Debbie Brown, Finance Oﬃcer for the City of Faith, about the project’s financial impact to the residents and businesses, she stated, “due to long-term planning and being able to leverage funds, the overall impact to the local residents and businesses was minimal and rates remain affordable for the city’s customers.” The community’s long-term outcome of this project is they can provide dependable wastewater services to the residents and businesses in the City of Faith. The reparations to Faith’s wastewater system ensure the safety and health of the individuals living in the community. ■

The city did an excellent job of long-term planning for the project. Over the last several years they were able to save $500,000 to contribute to the almost $2,000,000 project. MAP worked closely with the city and the local planning district, Black Hills Council of Local Governments, to access additional public financing for the project. With this assistance, the city was able to obtain a Community Development Block Grant (CDBG) for $515,000, a USDA Rural Development (RD) grant for $116,836, and a lowinterest loan from USDA RD for $829,000. Coupled with the city’s $500,000 contribution to the project. Crews complete slip lining installation. Photo by R.J. Inskeep,

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CLASSIFIEDS

CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is Sept. 10 for the Oct. 2021 issue. Visit sdmunicipalleague.org or fax to 605-224-8655. CITY ADMINISTRATOR: CITY OF SPEARFISH, SD. Under the direction of the Mayor and Council, the City Administrator is responsible for directing, managing, and overseeing the day-to-day operations of the city while planning for and providing guidance to the Council regarding future operations. The City Administrator oversees, directs, solves problems, and provides policy direction through the administration of all departments, oﬃces, and agencies of the city; ensures the overall effectiveness of all city operations and the achievements of goals and objectives established by the Council. The City Administrator has direct supervision over all departments and department directors. For a complete position profile/full job description and to

apply online, visit prothman.com, click on “Open Recruitments” and then click the position title. Salary: $130,603 - $198,744. For questions, call 206-3680050. EOE. Open until filled. First review of applications: Aug. 8, 2021 CITY ENGINEER: CITY OF MADISON, SD. This position performs engineering and project management duties in support of city operations. Provides technical support and direction to all city departments for the maintenance and/or new construction of city facilities and infrastructure. Manages and coordinates the activities of professional engineers, architects, technicians, contractors, and subcontractors. Manages, coordinates, and assists city departments in long-range planning, budgeting, and prioritization of capital improvement projects related to buildings and other city infrastructure. View complete job description at cityofmadisonsd. com. Annual salary starts at $95,164.77, based on experience. For more information, contact City of Madison Human Resources, 605-427-1990. EOE. Open until filled.

sdmunicipalleague.org | 1.800.658.3633

CLASSIFIEDS

COMMUNICATIONS SPECIALIST: CITY OF MITCHELL, SD. This position is responsible for answering emergency and non-emergency calls and for dispatching appropriate personnel. Operates an intelligent workstation consisting of computer aided dispatch, integrated radio and telephony technology, and other related communications equipment to ensure the timely and effective dispatching of emergency and support services. Fields emergency, non-emergency, and administrative calls; prioritizes calls and makes determinations of response requirements. Provides guidance to callers until emergency personnel arrive on the scene. Dispatches police, fire, rescue, and other resources. $19.49 per hour. Open until filled. For more information or to apply online visit cityofmitchell.org. FINANCE OFFICER: CITY OF VIBORG, SD. The City of Viborg is accepting applications for a full-time Finance Oﬃcer. Duties include but are not limited to overseeing all the City’s finance operations, including payroll, budgets, revenue and expense reports, accounts payable and receivable, prepare and file necessary State and Federal Reports and other day to day operations of the city. The City of Viborg offers a benefit package of paid health insurance, sick and vacation leave, SDRS and paid holidays. Salary DOE. Please send resume to cityofviborg@hcinet. net or City of Viborg, PO Box 56, Viborg, SD 57070 by September 8, 2021. Open until filled. EOE. LIBRARY DIRECTOR: HURON PUBLIC LIBRARY, HURON, SD. The Huron Public Library Board of Trusties and City of Huron are seeking a Library Director who has the vision and desire to keep this progressive and thriving library moving forward. The Library Director is responsible for daily operations, assessing the scope and direction of material collections, maintaining state of the art facility, and continuing to develop the library’s role as an online portal to the world of information. The Director is further charged with shaping a strategic vision, developing a successful, team-oriented staff in a unionized environment, to be fiscally prudent and resourceful and to advocate for the library while building productive relationships with local organization and the community in its efforts to keep the library evolving and progressive. Competitive salary commensurate with the experience. Health, dental, vision, retirement, and additional benefits. Salary $70,077 to $98,125/year, negotiable based 62

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

sdhda.org on experience and qualifications. Visit huronsd.com for details and to apply. Open until filled. MAINTENANCE WORKER: CITY OF ESTELLINE, SD. The City of Estelline is taking applications for a Full Time Maintenance Worker. Work areas include but are not limited to water, sewer, streets, groundskeeping, parks, ball fields, swimming pool, rubble/ landfill site and snow removal. Mechanical ability, knowledge and experience with all types of equipment are desired. Wage depends on experience. This position will require a background check. Application and job description are available at the City Finance Oﬃce, 117 Main St. N., PO Box 278, Estelline, SD 57234. Open until filled. EOE. PARK SUPERINTENDENT: CITY OF PIERRE, SD. The City of Pierre seeks an enthusiastic individual to join our team in making Pierre one of the best places to live, work, and visit. Under general guidance and direction from the Parks & Recreation Director, performs administrative and supervisory duties in

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CLASSIFIEDS

maintaining park facilities, sports fields, trees and for performing construction, maintenance, and mechanical duties. Ability to prepare and present budget estimates; maintenance management plans; ability to coordinate a variety of maintenance programs related to upgrading the city’s park facilities; ability to direct, motivate, develop and evaluate subordinates. Must possess strong administrative, oral & written communication skills. Must have record of success at bringing diverse individuals, groups, & organizations together to accomplish projects. Hiring range: $61,536.77-72,878.27 DOE plus comprehensive benefit package. Visit cityofpierre.org or call Laurie Gronlund, (605)773-7429. Open until filled. POLICE OFFICER: CITY OF MADISON, SD. This position is responsible for the enforcement of federal, state, and local laws and the protection of life and property. Patrols the city to detect and deter criminal activity and traffic violations and to provide assistance as needed; monitors commercial and residential areas for signs of criminal activity. Enforces traffic and parking laws through the issuance of citations and warnings; inspects roadways, bridges, and traffic signals and signs to identify and report hazardous conditions. Performs business and residential security checks; checks doors, windows, gates, and fences; reports unsecured property. View full job description at cityofmadisonsd.com. Starting wage is $22.92 per hour with an additional $1.50 per hour for night differential. Open until filled. EOE. RECREATION/INTRAMURALS/SPECIAL EVENT COORDINATOR: COMMUNITY CENTER, CITY OF MADISON, SD. The Community Center is a joint City of Madison and Dakota State University facility providing services to the local area and students. Responsible for coordinating, planning, organizing, and directing the day-to-day operations of the recreation department for the Community Center. Develop and implement new and previous programs and leagues for youth and adults. Collaborate with Dakota State University to identify intramural programs for students as well as providing reports and program information to the Community Center Director regarding programs and events. View full job description at cityofmadisonsd.com. The City of Madison offers an excellent benefit package. Open until filled. EOE.

WASTEWATER OPERATOR/LAB TECHNICIAN: CITY OF VERMILLION, SD. Performs work of above average diﬃculty in operating and maintaining both the wastewater treatment facilities and wastewater collection system. Works under general supervision of wastewater utility supervisor. May supervise the work of training level personnel and seasonal employees. Operates pumps, motors, valves, and associated equipment in processing raw sewage and sludge. Gauges, graphs and controls will be observed and the data will be collected and recorded in log books. Collect samples and conduct necessary tests for E.P.A analysis. Drains, cleans, scrapes, and performs maintenance to wastewater equipment and facilities. Maintains sanitary and storm sewer infrastructure including but not limited to sewer mains, catch basins, and manholes. Find full description and apply online at vermillion.us/careers. $18.26 per hour. Open until filled. WATER/WASTEWATER INSPECTOR: City of Brookings, SD. Inspects new and replaced water and wastewater mains and private services under general supervision. Inspects new and replaced water and sewer mains and services. Draws diagrams and maintains records of curb valves and main valves, water and wastewater service installations and all related equipment. Checks/monitors materials used on all water and wastewater construction for compliance with utility rules as well as state and federal standards. Utilize company designated devices and software platforms to record and maintain reports and records. Locates taps, curb stop boxes, and mains and services as requested. Wage Dependent Upon Certification: $17.18-$32.11 per hour. To apply, visit http://swiftel-bmu.applicantstack.com/x/openings, or contact Katie Krogman at kkrogman@swiftel-bmu.com. Open until filled. ■

sdmunicipalleague.org | 1.800.658.3633

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

SEPTEMBER 6

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On or before September 1 – The finance oﬃcer must report annually to the governing body an estimate of the expenses of the municipality and likewise the revenue necessary to be raised for the current year in budget form similar to that recommended by the municipal accounting manual as provided in SDCL 4-11-6. (SDCL 9-22-23; See Hdbk., sec. 12.065) Before September 2 – If the number of on-sale and off-sale liquor licenses is not fixed by

ordinance, the governing body may determine by resolution the number of on-sale and off-sale liquor licenses and the fees to be charged for each. (SDCL 35-4-11; See Hdbk., sec. 11.205) First Monday of September – Labor Day – State holiday (SDCL 1-5-1) At the first regular meeting in September, or within ten days thereafter – The annual appropriation ordinance for the ensuing year must be introduced. (SDCL 9-21-2; See Hdbk., sec. 12.066) On or before October 1 – The governing board of any municipality may, on or before the first of October preceding the annual municipal election, approve an ordinance requiring a runoff election as found in SDCL 9-13-27.1 and SDCL 9-13-26.1 (SDCL 9-1325; See Hdbk., sec. 7.600)

On or before October 1 – Immediately upon passage and publication of the annual appropriation ordinance, the auditor or clerk must certify the tax levies contained therein to the county auditor on or before October first in the following form: For general purposes For interest and debt service fund (SDCL 9-21-20 and SDCL 10-127; See Hdbk., sec. 12.066) 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)

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

OCTOBER 6

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On or before October 1 – The tax levies for the ensuing year must be certified to the county auditor. (SDCL 10-12-7; See Hdbk. Sec. 12.066)

In October – The State Department of Revenue mails out liquor license application forms to all licensees to be completed and submitted to the local authorities for initial action at the first regular meeting of the governing body in November. (NOTE: This is an administrative determination so no statutory citation is possible.) Second Monday of October – Native Americans’ Day – State holiday (SDCL 1-5-1) By October 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)) No later than November 1 – The special assessment roll for all assessments payable under the Plan One option must be delivered to the county auditor. (SDCL 9-43-105; See Hdbk., sec. 12.160) No later than November 1 – Delinquent special assessment installments which are payable under the Plan Two option must be certified to the county auditor. (SDCL 9-43-106; See Hdbk., sec. 12.160) No later than second Tuesday in November – Governing boards wishing to consolidate boards of equalization must approve a resolution outlining consolidated board membership no later than the second Tuesday in November. (SDCL 10-1166; See Hdbk., sec. 12.120) 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)

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