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The regular meeting of the City of Scotland was called to order by Mayor Curtis Hofer at 5:00pm on Monday, December 10, 2018. The following council members answered to roll call Ron Dvorak, Tim Asche, Victor Settje, Dennis Bietz, Sean Barrett, and Randy Thum. Others present were Finance Officer Tanya Bult, City Maintenance Bob Green and Jason Alberts, Kim McLaury, Peggy Schelske, and Eric Ambroson (5:13pm).
A motion was made by Thum, second by Barrett to approve the agenda. All voted in favor. Motion carried.
A motion was made by Thum, second by Asche to approve the minutes of last month’s regular meeting. All voted in favor. Motion carried.
The bills were presented and a motion was made by Barrett, second by Bietz to approve the bills. All voted in favor. Motion carried.
City Bills Presented By:
AFLAC Employee Insurance $211.27
AMAZON/SYNCB Library Books $844.80
ARAMARK CareGuard Mats: November $82.50
B-Y WATER DISTRICT 4,950,000 Gallons $15,462.00
BEHL INSURANCE Finance Officer Bond & Notary $605.00
BOB GREEN Reimburse: Bulbs, Jan-Dec Cell Phone $1,220.99
BON HOMME COUNTY Building & Conditional Use Permit $110.00
CENTRAL FARMERS COOP Diesel, Bearings $248.76
CITY EMPLOYEE WAGES Finance Office $2,307.36
CITY EMPLOYEE WAGES Library $859.27
CITY EMPLOYEE WAGES Police $990.74
CITY EMPLOYEE WAGES Rubble Site $162.07
CITY EMPLOYEE WAGES Streets $2,202.16
CITY EMPLOYEE WAGES Sewer $1,329.19
FARMERS & MERCHANTS STATE BANK Self-Inking Endorsement Stamp $40.98
FARMERS & MERCHANTS STATE BANK Water Payment Collection 2018 $1,500.00
FIRST CHIROPRACTIC CENTER Consortium Fee - DOT Program $100.00
FLOWERS & MORE Christmas City Planters (10) $450.00
GALLS, LLC Police Supplies $3,243.91
GOLDEN WEST COMMUNICATIONS Phone, Internet, Fax $415.99
IRS Employee Withholding $2,475.43
JASON ALBERTS Cell Phone - December $50.00
MAIN STOP Gasoline $80.08
MYERS SANITATION Residential Garbage Service $4,798.64
NORTHWESTERN ENERGY Electricity, Natural Gas $7,486.60
ONE OFFICE SOLUTION Office Supplies $256.39
OVERDRIVE Library Books $966.80
PURCHASE POWER Postage $824.02
SCOTLAND CHAMBER Bonus Bucks - Punch Card Program $3,000.00
SCOTLAND HARDWARE Repairs/Maint & Supplies $209.98
SCOTLAND JOURNAL Notices, Ads $229.81
SCOTLAND MEDICAL CLINIC Hepatitis B Shots $197.00
SCOTLAND OIL COMPANY Diesel $417.55
SCOTLAND SCHOOL DISTRICT Destiny Tech Support Contract $275.00
SCOTTIE STOP Gasoline $226.37
SD CHILD SUPPORT Monthly Payment $679.38
SD DEPT OF REVENUE - SALES TAX Sales Tax: Garbage, Camping $356.28
SD DEPT OF REVENUE - WATER SAMPLE Samples: Water, Sewer $268.00
SD ONE CALL Line Locates - October $8.96
SD RETIREMENT Employee Retirement $1,103.77
TANYA BULT Reimburse: Class, July-Dec Cell Phone $438.15
TYNDALL NAPA Pump, Brake Fluid, Headlight, Tester $151.72
VERIZON Police Mobile Broadband $40.03
WELLMARK BLUECROSS BLUESHIELD Employee Health Insurance $1,805.22
Ambulance Bills Presented By:
AMBILL ASSOCIATES Claims: October (4) $140.00
AMBULANCE WAGES On Call / Trips $461.75
BOUND TREE Medical Supplies $1,091.32
IRS Employee Withholding $76.50
LANDMANN JUNGMAN MEM HOSP Alcohol Swabs & Nurse $61.25
Finance Officer’s Report - In November, 29 notices of intent to disconnect service letters were mailed with none being disconnected. November Building Permits: None. Discussion was held regarding monthly water payments collected at the bank. Majority of the council decided to stop having the bank collect the water bills in 2019.
Chief of Police Report - Officer Joel Neuman is attending law enforcement basic training in Pierre from November 25, 2018 - March 1, 2019. This is a course that all non-certified officers are required to attend within 1 year from their hire date.
City Maintenance Employee Report - Dakota Pump has completed replacing the pump at the lift station on Main Street. Snow removal last Sunday went well for the most part.
Council Concerns/Committee Reports:
Dvorak - None
Asche - Received a couple comments on the good job the guys did removing snow.
Settje - Questioned protocol on plowing at the fire/ambulance shed and emergency snow routes.
Bietz - None
Barrett - Questioned why the streets were so snow packed and rough.
Thum - Questioned protocol on plowing at the fire/ambulance shed.
Animal Ordinance - A motion was made by Bietz, second by Dvorak to approve the second and final reading to the city ordinance regarding regulations and licensing of dogs and cats.
ORDINANCE NO. 2018-01
BE IT ORDAINED BY THE CITY OF SCOTLAND, BON HOMME COUNTY, SOUTH DAKOTA, that present City Ordinance 5A.01 Regulation and Licensing of Dogs and 5A.02 Regulation and Licensing of Cats be amended to read as follows:
5A.01 Regulation and Licensing of Dogs
5A.0101 License, Application and Fee for Dogs
License:
It shall be unlawful for any owner, residing within the City of Scotland, to have an unlicensed dog. The owner of a licensed dog shall securely fasten the City of Scotland Dog License to a collar around the licensed dog’s neck.
Application:
Any person, residing in the City of Scotland, desiring to have in their custody any dog, shall on or before May 31 each year complete application to the City Finance Officer for a City of Scotland Dog License to keep such dog. The application shall be made on a form furnished by the City of Scotland and shall be filed with the City Finance Officer. In addition, the applicant shall furnish proof from a licensed veterinarian that the dog has been immunized for rabies within the last 24 months.
In the event the City Finance Officer has in his/her possession a signed complaint or complaints verified by the Chief of Police that such dog has vicious propensities, such application shall be denied, and the owner or person having control of such dog shall cause the same to be removed from the corporate city limits.
License Fee:
A fee of five dollars is due for each City of Scotland Dog License issued.
Upon satisfactory proof that a City of Scotland Dog License has been lost, a fee of three dollars is due for a replacement.
5A.0102 Dog at Large
It is unlawful for a dog to run at large. An owner is responsible to prevent their dog from running at large.
5A.0103 Destruction of Dogs Running at Large
Replaced by 5A.0105
5A.0104 Keeping Viscous Dog Prohibited
Replaced by 5A.0105
5A.0105 Vicious Dogs
A) An authorized representative of the City of Scotland or any law enforcement officer may declare a dog to be vicious, or the attending physician of the victim of a dog bite or scratch may request such declaration, under the following guidelines:
1) A dog which, when unprovoked, in a vicious or terrorizing manner approaches in apparent attitude of attack, or bites, inflicts or causes injury, assaults or otherwise attacks a person or other animal upon the streets, sidewalks or any public grounds or places; or
2) A dog which, on private property, in a vicious or terrifying manner approaches in apparent attitude of attack, or bites, or inflicts or causes injury, or otherwise attacks a mailman, meter reader, serviceman, journeyman, deliveryman, or other person or other animal who is on private property by invitation or permission of the owner or occupant of such property or who is lawfully on private property by reason of a course of dealing with the owner of such private property;
3) No dog may be declared vicious if the injury of damage is sustained to any person or other animal who was committing a willful trespass or other unlawful act or tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime, or otherwise where the police officer determines that the bite or injury was justified.
B) When a dog has been declared vicious, the owner shall be notified in writing of the declaration and shall comply with the following:
1) Register the dog as vicious with the city and present proof of rabies vaccination within five days of receiving the notice and presenting proof of rabies vaccination on or before May 31 of each and every year thereafter;
2) Whenever the dog is outdoors and attended, the dog shall be muzzled, on a leash no longer than six feet, and under the control of a person over 18 years of age;
3) When the dog will be outdoors and unattended, the dog must be locked in an escape proof kennel approved by a law enforcement officer. Minimum standards shall include the following:
a) Fencing materials shall not have openings with a diameter of more than two inches;
b) Any gates within such pen or structure shall be lockable or of such design to prevent the entry of children or the escape of the dog;
c) The required pen or structure shall have secure sides and secure top. If the pen or structure has no permanent bottom secured to the sides, the sides shall be imbedded into the ground or concrete; and
d) The pen or structure may be required to have double exterior walls to prevent the insertion of fingers, hands, or other objects.
C) A universal sign denoting a vicious dog shall be displayed on the kennel or enclosure and on a place visible from the sidewalk or road adjacent to the property where the dog is kept.
D) The vicious dog shall be impounded by any law enforcement officer or his or her designated agents at the owner’s expense until all requirements of above are complied with. If the requirements are not complied with within ten days after giving notice to the owners as provided in the subchapter, the dog shall be euthanized in a humane manner and proof of euthanasia filed with the city finance office.
E) If a vicious dog has been running at large, or bites a person or bites another animal, the dog shall be seized by the city law enforcement officer or its agents using such means as are necessary and summon the owner to appear in court to show cause why this dog shall not be destroyed. If the dog cannot be captured, it may be killed.
5A.0106 Immediate Removal or Destruction
Replaced by 5A.0105
5A.0107 Dogs Muzzled
Replaced by 5A.0105
5A.0108 Dogs as a Nuisance
On the Complaint by two affidavits, which two affidavits have been signed within a 72 hour period, of any two adults not of the same household, that a dog barks or howls whereby the peace and quiet of the complainants is disturbed and upon the expiration of ten days commencing upon service of the affidavits upon the dog owner whereby the problem of unreasonable noise has not been rectified to the satisfaction of the two complainants, and upon a finding by the court by a preponderance of the evidence that the dog has unreasonably disturbed the peace and quiet of the complainants, the owner or owners of the dog shall be subject to a fine not to exceed $200.00 plus costs as allowed by law, and the court may order the humane destruction of the dog or require the removal of the dog from the Scotland City Limits.
5A.0109 Rabies or Hydrophobia
Any person who suspects that any dog in the City is infected with rabies or hydrophobia shall report his/her suspicion to the local law enforcement officer or health authorities, describing the dog and giving the name of the owner, if known. If upon examination of health authorities, the dog shall prove in fact to be infected with said disease, the dog may be killed.
Should such disease be found prevalent among dogs in the City, or should any condition of such disease warrant, the Mayor may, in the interest of the general welfare, order, by proclamation, the impounding and examination of all dogs until the same condition is arrested, taking such measures as may, in the interest of the general welfare, be necessary to arrest the disease.
5A.0110 Number of Dogs Limited
It shall be unlawful for any person to have or to keep more than five dogs over the age of six months on any lot or premises in the City, unless such person residing on or in the lot or premises has a valid kennel license issued by the City. Humane societies, veterinarian offices, and retail pet stores are exempt from the provisions of this section.
5A.0111 Dog Waste
It shall be unlawful for any person in possession or control of a dog to fail to prevent the dog from defecating on public or private property not owned by such person. If any dog does defecate upon public or private property, then the person in possession of the dog shall immediately and thoroughly clean the fecal material from such public or private property.
5A.0199 Penalties
Unless otherwise stated, any person violating the provisions of this chapter shall be guilty of a misdemeanor and fined a sum not exceeding one hundred dollars ($100). Each day a violation continues shall be considered a separate offense.
5A.02 Regulation and Licensing of Cats
5A.0201 License, Application and Fee for Cats
License:
It shall be unlawful for any owner, residing within the City of Scotland, to have an unlicensed cat. The owner of a licensed cat shall securely fasten the City of Scotland Cat License to a collar around the licensed cat’s neck.
Application:
Any person, residing in the City of Scotland, desiring to have in their custody any cat, shall on or before May 31 each year complete application to the City Finance Officer for a City of Scotland Cat License to keep such cat. The application shall be made on a form furnished by the City of Scotland and shall be filed with the City Finance Officer. In addition, the applicant shall furnish proof from a licensed veterinarian that the cat has been immunized for rabies within the last 24 months.
License Fee:
A fee of five dollars is due for each City of Scotland Cat License issued.
Upon satisfactory proof that a City of Scotland Cat License has been lost, a fee of two dollars is due for a replacement.
5A.0202 Cats at Large
It is unlawful for a cat to run at large. An owner is responsible to prevent their cat from running at large.
5A.0203 Prohibited Behavior
It shall be unlawful for any owner or owners, within the limits of the City of Scotland, to permit their cat to engage in prohibited behavior. Prohibited behavior shall mean digging in garbage, destroying or depositing bodily waste on shrubbery, lawns, flowers or gardens.
Any person violating the provisions of this section shall be fined in a sum not exceeding one hundred dollars ($100.00) per cat.
5A0204 Complaint Procedure
On the complaint of any person by affidavit that a cat is engaging in prohibited behavior, the owner or owners of said cat, within ten (10) days after notice of such complaint, shall take the necessary steps to prevent the cat or cats from engaging in prohibited behavior. Upon expiration of the ten (10) days and upon a second complaint by affidavit regarding the same cat or cats, the owner or owners shall remove the offending cat from the corporate limits of the City, or surrender the cat to the police authorities for destruction as provided in Section 5.0206.
5A.0205 Destruction of Cats Demonstrating Prohibited Behavior
Upon compliance with Section 5.0205 the Chief of Police is hereby authorized to employ, whenever he/she may deem it necessary, a sufficient number of persons to capture, kill and dispose of all cats engaging in prohibited behavior, contrary to the provisions of this chapter. It shall be the duty of the Chief of Police to destroy such cat and to cause it to be removed and properly buried.
5A.0206 Rabies or Hydrophobia
Any person who shall suspect that any cat in the City is infected with rabies or hydrophobia shall report his/her suspicion to the local police or health authorities, describing the cat and giving the name of the owner, if known. If upon examination of health authorities, the cat shall prove in fact to be infected with said disease, the cat may be killed.
Should such disease be found prevalent among cats in the City or should any condition of such disease warrant, the Mayor may in the interest of the general welfare, order, by proclamation, the impound and examination of all cats until the same condition is arrested, taking such measures as may, in the interest of the general welfare, be necessary to arrest the disease.
5A.0207 Number of Cats Limited
It shall be unlawful for any person to have or to keep more than five cats over the age of six months on any lot or premises in the City, unless such person residing on or in the lot or premises has a valid kennel license issued by the City. Humane societies, veterinarian offices, and retail pet stores are exempt from the provisions of this section.
5A.0299 Penalties
Unless otherwise stated, any person violating the provisions of this chapter shall be guilty of a misdemeanor and fined a sum not exceeding one hundred dollars ($100). Each day a violation continues shall be considered a separate offense.
______________________________
Curtis Hofer, Mayor
ATTEST:/s/_________________________
Tanya Bult, Finance Officer
Restricted Site Use Update - The next step is to attend the Bon Homme County Zoning meeting on Monday, December 17, 2018 at 8:30am and then attend the Bon Homme County Commissioners meeting on Tuesday, December 18, 2018 to see if we receive their approval.
Supplemental Appropriations - A motion was made by Barrett, second by Bietz to approve the supplemental appropriations ordinance. All voted in favor. Motion carried.
ORDIANANCE NO. 2018-03
SUPPLEMENTAL APPROPRIATIONS ORDINANCE
An Ordinance providing for the Appropriations to Supplement the General Government Cemetery, Health, Ambulance, and Recreation Departments within the General Fund.
BE IT ORDAINED by the City of Scotland, Bon Homme County, South Dakota, that the following sums are supplementally appropriated to meet the obligations of the municipality.
Appropriations:
101 General Fund:
414.2 Finance Office $ 3,145.64
Total Appropriations – Finance Office $ 3,145.64
437.0 Cemetery $ 797.93
Total Appropriations – Cemetery $ 797.93
441.1 Health $ 2,204.49
Total Appropriations – Health $ 2,204.49
446.0 Ambulance (Restricted) $40,192.92
Total Appropriations – Ambulance $40,192.92
452.1 Recreation $14,320.69
Total Appropriations – Recreation $14,320.69
452.1 Recreation S.A.A. (Restricted) $18,273.34
Total Appropriations – S.A.A. $18,273.34
__________
Total Appropriations: $ 78,935.01
==========
Source of Funding:
101 General Fund:
Contingency $19,220.75
West Nile Grant $ 1,248.00
Ambulance Cash (Restricted) $40,192.92
Scotland Athletic Assoc (Restricted) $18,273.34
_________
Total Means of Finance: $ 78,935.01
=========
A motion was made by Barrett, second by Bietz to approve the supplemental appropriations ordinance. All voted in favor. Motion carried.
ATTEST: City of Scotland, SD
_________________________ __________________________
Tanya Bult, Finance Officer Cutis Hofer, Mayor
Curb & Gutter Update - Eric Ambroson from District III touch based on several funding options we could access for the construction project. One of the primary funding source would be the SDDOT through the Community Access Grant which caps out at $600,000. The deadline to apply is in July of 2019. Kim McLaury, City Engineer had put together a rough preliminary cost of $211,400 per block for the 6 block project. He will need to do additional surveying and engineering on 6th Street to make sure we are able to get everything to work together when the time comes to reconstruct 6th Street. No water or sanitary sewer will be reconstructed in the project as is shown in the cost estimate.
Water Meter Update - Kamstrup water meters from DSG were discussed. The first option is a drive by data collection water meter that was quoted at $200 per meter not installed. The second is a radio read data collection meter that was quoted at $270 per meter not installed. This meter also has the capability to collect data by drive by method if the radio tower will not collect data for any reason. The software for collecting data and billing was quoted at $5,600. Eric Ambroson from District III stated we have a few funding options. A motion was made by Asche, second by Bietz to give Ambroson authorization to start the funding search for the new water meter project. All voted in favor. Motion carried.
A motion was made by Barrett, second by Bietz to give the approval to go ahead with the water plan application for water meters and water improvement in conjunction with the street surfacing project. All voted in favor. Motion carried.
2019 Off-Sale Package Liquor License - As of January 1, 2019 the City of Scotland will have 1 off-sale package liquor license available due to Brad Kaluza not renewing his license. The council stated that all interested parties must apply for the license that will be decided at the January 7, 2019 regular city council meeting.
Municipal Government Day - This is being held on a Tuesday and Wednesday which is February 5th and 6th at Pierre. Those that can attend are encouraged to do so. The deadline to register is the 22nd of January.
Set meeting date for the January Meeting - The meeting will be on Monday, January 7, 2019 at 5:00pm.
With no further business to discuss a motion was made by Barrett, second by Bietz to adjourn the meeting at 6:32pm. All voted in favor. Motion carried.
______________________________
Cutis Hofer, Mayor
ATTEST:/s/_________________________
Tanya Bult, Finance Officer