South Dakota

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The regular meeting of the City of Scotland was called to order by Council President Randy Thum at 5:00pm on Monday, April 10, 2023. The following council members answered to roll call Randy Abbink, Tim Asche, Dennis Bietz, Sean Barrett and Myles Runyon (5:04pm). Others present were Tanya Bult, Shelly Konstanz, Chris Simantel, Tristan Bult, Braden Wolfe, Pam Stewart, Ann Simantel, Jim Maruska, Peggy Schelske, and Curtis Hofer (via phone).

A motion was made by Abbink, second by Asche to approve the agenda. All voted in favor. Motion carried.

A motion was made by Bietz, second by Barrett to approve the minutes of last month’s regular meeting. All voted in favor. Motion carried.

A motion was made by Barrett, second by Bietz to approve the bills. All voted in favor. Motion carried.

City Bills Presented:
AFLAC     Employee Insurance     $427.66
AMAZON CAPITAL SERVICES     Supplies: Library, streets     $204.80
B-Y WATER DISTRICT     5,442,000 Gallons     $16,987.20
BOB GREEN     Reimburse: SDWWA Class     $60.00
CENTRAL FARMERS COOP     Diesel      $89.80
CHASE PEST SERVICE     Pest Control: City Hall, Fire Hall     $130.00
CITY EMPLOYEE WAGES     Finance Officer      $2,854.37
CITY EMPLOYEE WAGES     Library      $765.15
CITY EMPLOYEE WAGES     Police/Code Enforcement     $4,739.13
CITY EMPLOYEE WAGES     Streets     $3,021.29
CITY EMPLOYEE WAGES     Water       $2,492.07
CITY OF SCOTLAND     City Water/ Sewer Bills     $236.67
DAKOTA DATA SHRED     Equipment Rental     $16.00
FARMERS & MERCHANTS STATE BANK     March - Auto Pay, Safety Deposit Box     $45.29
GOLDEN WEST COMMUNICATIONS     Phone, Internet, Fax     $625.21
HAWKINS, INC     Sewer: Hydrogen, Peroxide     $2,001.00
IRS     Employee Withholding     $3,756.42
JACKS UNIFORMS & EQUIPMENT     Supplies: Police     $606.34
JAMES HOFFARD     Reimburse: Mileage     $832.32
KIRSCHENMAN ELECTRIC     Rebuild Pool Pump     $378.85
LEHR LAW OFFICE     Attorney Fees     $390.00
MAIN STOP     Gasoline, Ice     $270.86
NORTHWESTERN ENERGY     Electricity, Natural Gas     $7,304.07
PITNEY BOWES     Postage Machine Lease     $163.83
RECREATION SUPPLY CO     Supplies: Pool     $6,298.84
SCOTLAND CHAMBER OF COMMERCE     2023 Chamber Dues     $600.00
SCOTLAND HARDWARE     Supplies: Police, Shop, Water, Streets, Mowers     $222.08
SCOTLAND JOURNAL     Legals, Notices, Ads     $490.78
SCOTLAND OIL     Supplies: Belts, Oil, ATF     $249.25
SD DEPT OF HEALTH LAB     Samples: Water     $15.00
SD DEPT OF REVENUE     Sales Tax: Garbage     $426.24
SD RETIREMENT     Employee Retirement     $2,266.30
TRANSMISSION DEPOT     Rebuild Chevy Transmission     $760.00
TRANSOURCE TRUCK & EQUIP     Filters     $141.14
TYNDALL NAPA     Supplies: Filters, Oil, Plugs     $505.30
US BANK     Scotland #1 - Main Street Loan     $2,791.53
US BANK     Scotland #2 - Washington Street Loan     $10,523.60
VERIZON     Broadband: Police, Water, Meters     $123.60
VISION SERVICE PLAN     Employee Vision Insurance     $45.30
WELLMARK BLUECROSS BLUESHIELD     Employee Health Insurance     $4,366.65
YANKTON FIRE & SAFETY     Annual Extinguisher Inspection     $518.00
YANKTON JANITORIAL SUPPLY     Supplies: Bathrooms     $644.90

Ambulance Bills Presented:
AMBILL ASSOCIATES     Claims: Jan (5), Feb (5)     $350.00
AMBULANCE WAGES     On Call / Trips     $458.06
IRS     Employee Withholding     $75.88
JIM MARUSKA     Reimburse: CPR Training     $50.00
MATHESON TRI-GAS INC     Oxygen     $386.19
SCOTLAND JOURNAL     EMT Ads     $63.00

Finance Officer’s Report - In March there were twenty-nine disconnect notices that were mailed out with two at this time disconnected. Charging a small fee at the rubble site was discussed. Quarterly financial reports were reviewed.

Library Director Report - The Library annual report has been submitted and accepted. Next library board meeting is set for May 22, 2023. Billie Jo and Tanya will be attending their second year of library institute June 4-9th. All staff has completed their jump start classes, now to begin planning for the summer reading program in July.

Police Report - Working on getting radar certified. Traffic Stops - 10. Receiving more calls as people are getting out and about.

City Maintenance Report - Campers arriving this week so opening up the bathrooms. Will be helping the school remove trees at the football field. The gravel is here so starting to blade alleys. The pool liner is scheduled to be installed at the end of May.

Public Concerns:
Pam Stewart - Shared her concerns regarding tall grass and weeds at the cemetery particularly graduation weekend.

Shelly Konstanz - Questioned a code enforcement matter regarding the Rec Bar and neighboring building. She referenced chapter 8.03 Premises and Buildings.

Jim Maruska - Inquired about an update on the drainage on Stafford Street.  Cleared with the council to take an ambulance June 2-3 for a national race being held at Lonetree-Creek Racepark.  Asked approval to take an ambulance to a memorial service in Yankton to honor a past instructor. Avel eCare is live and being used in the ambulance.

Council Concerns/Committee Reports:
Abbink - None
Asche – Illegal turning primarily at the Post Office and Main Street.
Runyon - None
Bietz - Inquire about grinding the concrete at the rubble site. Status of installing the new meter at Poet.
Barrett - None
Thum - None

Blow-N-Seal Project - Received a quote from Topkote of $0.73 per linear foot. Simantel mentioned renting the machine from the county to complete the work in house. Council suggested looking into the cost of purchasing our own machine.

Chip Seal Project - A motion was made by Barrett, second by Bietz to set the chip seal project out to bid excluding the sweeping/ rock pick-up. All voted in favor. Motion carried.

City Wide Cleanup - Bon Homme County Restricted Landfill has set the date for the annual spring clean-up with the start date to be Monday, April 24. All items must be set out by 8am and must be sorted as they go in separate areas at the landfill.

Pool Cleaner - A motion was made by Abbink, second by Bietz to purchase a Dolphin Wave 120 pool cleaner at the listed price of $5,999. All voted in favor. Motion carried.

Sixth Street Project - Project discussion was postponed to May meeting.

Wastewater Resolution - RESOLUTION  2023-01

A RESOLUTION ADOPTTING CERTAIN INDUSTRIAL WASTEWATER BOD & TSS LIMITS AND SURCHARGES IN ACCORDANCE WITH CHAPTER 12.05, TITLE 12, RELATING TO INDUSTRIAL USER’S WASTEWATER EXCESS FLOWS IN THE CITY OF SCOTLAND


Wherein Asche introduced the following Resolution and moved for its adoption.

WHEREAS pursuant to Section 12.0502, 12.0503, & 12.0505 of Chapter 12.05, Title 12, of the Revised Municipal Ordinances of the City of Scotland, the City of Scotland shall determine, and review on an annual basis, each industrial user’s wastewater contribution percentage and the annual industrial cost recovery amount, and

WHEREAS pursuant to Section 12.0506 of Chapter 12.05, Title 12, of the Revised Municipal Ordinances of the City of Scotland, the City of Scotland has the authority to regulate and prohibit the discharge of wastewater containing materials in such quantities which can be detrimental to the City’s wastewater treatment process and its wastewater treatment facilities, and

WHEREAS POET Research Center, Inc., (PRC) of 851 Washington St., Scotland, SD  57059, a South Dakota Corporation, is a significant industrial user of the City of Scotland’s wastewater system, and PRC currently is operating under a South Dakota Department of Agriculture and Natural Resources (DANR) permit, which permit is subject to renewal, and

WHEREAS PRC has been subject to the City’s industrial wastewater charges based upon the industry’s average volume of biochemical oxygen demand (BOD) and total suspended solids (TSS) discharged, and

WHEREAS the City’s wastewater treatment facility and aeration system has limited BOD capacity which may require upgrades for increased BOD demand in the future, and

WHEREAS a large percentage of the City’s budget wastewater budget is allocated towards the necessary costs associated with maintaining the City’s wastewater treatment system, and

WHEREAS the City of Scotland deems it necessary to determine and establish limits on PRC’s total BOD and TSS flows, wastewater contribution rate, fees, surcharges and penalties for flows in excess of those limits. 

NOW THEREFORE BE IT RESOLVED by the Scotland City Council, Scotland, Bon Homme County, South Dakota as follows:

That the City of Scotland shall negotiate and enter into a Significant Industrial User (SIU) Wastewater Treatment Agreement with POET Research Center, Inc. (PRC) of 851 Washington St., Scotland, SD  57059.

That the SIU Agreement with PRC and the City shall establish wastewater user charges, surcharges and penalties for excess wastewater flows and loadings to the City’s wastewater treatment facility, and shall further specify sampling, monitoring, and disclosure responsibilities for each party regarding wastewater flow into the City’s wastewater treatment facilities from PRC.

That the City hereby sets PRC’s established limits for wastewater flows into the City of Scotland’s wastewater system be set at 400 lbs/day for BOD, and at 185 lbs/day for TSS.

BE IT FURTHER RESOLVED by the Scotland City Council that the Mayor of the City of Scotland shall be authorized to enter into a Significant Industrial User (SIU) Wastewater Treatment Agreement with POET Research Center consistent with this Resolution and the subsequent advice and recommendation of the City Council.     


Bietz seconded the Motion and after full and complete discussion the Resolution was unanimously adopted on roll call vote.

Adopted this 10th day of April, 2023.

ATTEST:                                                                                              CITY OF SCOTLAND, SOUTH DAKOTA                                                                             
______________________________                                                ______________________________
Tanya Bult, Finance Officer                                                                 Randy Thum, Council President

Water Quality Report - A motion was made by Abbink, second by Runyon to accept the annual water quality report. All voted in favor. Motion carried.

Set meeting date for the May Meeting - The meeting will be on Monday, May 8, 2023 at 5:00pm.

A motion was made by Bietz, second by Asche to enter into executive session at 5:50pm for Personnel as per SDCL 1-25-2 Sub (1). All voted in favor.  Motion carried.

A motion was made by Asche, second by Bietz to come out of executive session at 6:13pm with the following action taken. All voted in favor. Motion carried.

A motion was made by Bietz, second by Abbink to hire the following: Lifeguard at $12.00 per hour Kyliah Bjorum; Rubble Site Monitor at $13.00 per hour Marcy Preszler; Summer Maint at $12.00 per hour Steve Henry. All voted in favor. Motion carried.

With no further business to discuss a motion was made by Bietz, second by Barrett to adjourn the meeting at 6:15pm. All voted in favor. Motion carried.
                                                                            
ATTEST:                                                                                              CITY OF SCOTLAND, SOUTH DAKOTA

______________________________                                                ______________________________
Tanya Bult, Finance Officer                                                                 Randy Thum, Council President