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South Dakota

The regular meeting of the City of Scotland was called to order by Mayor Curtis Hofer at 5:00pm on Monday, December 11, 2017. The following council members answered to roll call Joe Bouza, Randy Thum, H. Victor Settje, Sean Barrett and Tim Asche.  Those council members absent were Ron Dvorak. Others present were Finance Officer Tanya Bult, City Maintenance Employees Ray Beecher, Bob Green and Jason Alberts, Chief of Police Kirk McCormick, Duane Hochstein, and Peggy Schelske.  


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

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

The bills were presented and a motion was made by Bouza, second by Asche to approve the bills.  All voted in favor. Motion carried.

City Bills Presented By:
AFLAC     Employee Insurance     $373.51
ARAMARK     CareGuard Mats: November     $50.00
AUCH PLUMBING     Water Tap - Town Homes (2)     $612.00
B-Y WATER DISTRICT     5,058,000 Gallons     $15,796.80
BERNDT'S TREE SERVICE     Cut Trees & Stump Removal     $7,070.00
BOB GREEN     Mileage     $122.80
CENTRAL FARMERS COOP     Tire Repair & Diesel     $189.36
CHASE PEST SERVICE     Pest Control: City & Fire Hall     $120.00
CITY EMPLOYEE WAGES     Finance Office     $1,989.48
CITY EMPLOYEE WAGES     Library     $877.20
CITY EMPLOYEE WAGES     Police     $2,854.79
CITY EMPLOYEE WAGES     Rubble Site     $143.79
CITY EMPLOYEE WAGES     Sewer     $1,391.80
CITY EMPLOYEE WAGES     Streets     $1,926.33
CITY EMPLOYEE WAGES     Water     $1,319.28
CITY OF SCOTLAND     Water Refund: B. Hubbard, A. Preslicka     $175.00
CLASSIC COLLISION & FRAME, INC     2012 Dodge - Wheel Alignment     $111.00
DAKOTA PUMP INC     Lift Station Supplies     $341.57
FARMERS & MERCHANTS STATE BANK     Water Payment Collection 2017     $1,500.00
FLOWERS & MORE     City Planters & Memorial Plant     $485.00
GOLDEN WEST COMMUNICATIONS     Phone, Internet, and Fax     $424.47
GREEN AUTO REPAIR     Parts & Labor: Ram, Plow, Sander     $1,037.00
IRS     Employee Withholding     $3,679.87
JASON ALBERTS     Reimburse: CDL Cert & License     $161.85
KENT LEHR     Attorney Fees     $214.41
KIRK MCCORMICK     Reimburse: Cell Phone      $50.00
MAIN STOP     Gasoline     $166.98
MAXWELL COLONY     Weed Spraying Cemetery/Park     $1,340.50
MYERS SANITATION     Residential Garbage Service     $4,781.50
MYERS SANITATION     City Dumpsters: Oct, Nov, Dec     $210.00
NORTHWESTERN ENERGY     Electricity / Natural Gas     $4,830.57
ONE OFFICE     Police & Finance Office Supplies     $385.75
PURCHASE POWER     Postage     $387.68
RAY BEECHER     1/2 Health Insurance Deductible     $1,500.00
SCOTLAND HARDWARE     Repairs/Maint & Supplies     $46.76
SCOTLAND JOURNAL     Notices & Ads     $177.06
SCOTLAND OIL COMPANY     Tires, Gasoline, Ani-Freeze     $857.50
SCOTTIE STOP     Gasoline     $298.89
SD BUILDING OFFICIALS ASSOC     2018 Membership Dues     $50.00
SD CHILD SUPPORT     Monthly Payment     $679.38
SD CODE ENFORCEMENT ASSOC     2018 Membership Dues     $40.00
SD DEPT OF REVENUE - SALES TAX     Sales Tax - Garbage, Camping     $361.11
SD DEPT OF REVENUE - WATER SAMPLE     Samples - Water & Sewer     $89.00
SD FINANCE OFFICER ASSOC     2018 Membership Dues     $40.00
SD HUMAN RESOURCE ASSOC     2018 Membership Dues     $25.00
SD ONE CALL     Line Locates - Oct/Nov     $21.28
SD STREET MAINTENANCE ASSOC     2018 Membership Dues     $35.00
SD RETIREMENT     Employee Retirement     $1,541.55
SUPPLEMENTAL RETIREMENT     Supplemental Employee Retirement     $680.00
TANYA BULT     Reimburse: Green's Class G,4,9     $100.00
TOPKOTE, INC     Crack & Seal $.47 per lin Ft     $5,999.55
TYNDALL NAPA     Blue Chevy Parts     $166.56
VERIZON     Police Mobile Broadband     $40.01
WELLMARK BLUECROSS BLUESHIELD     Employee Health Insurance     $2,821.76
YANKTON COMPUTER AND NETWORK     Police Computer - Remove Virus     $37.50
YANKTON JANITORIAL SUPPLY, INC     Bathroom Supplies     $82.50

Ambulance Bills Presented By:
AMBILL ASSOC     Claims: 9     $315.00
AMBULANCE WAGES     On Call / Trips     $1,112.61
IRS     Employee Withholding     $189.95
ONE OFFICE     Ink Cartridges (4)     $79.80
RETTEDAL'S DEPT STORE     Jackets (7) & Hats (10)     $611.00

Finance Officer’s Report - In November thirty-two notices of intent to disconnect service letters were mailed out with none being disconnected. November Building Permits: Tyler Fejfar, Remodel; Dorothy Prickett, Door & Siding.  Attended one of five election workshop webinars. All city ordinances are now available on our city website at www.cityofscotland.com. Website statistics: So far this month - 636 visits; Last month - 3,105 visits; Monthly average - 2,187 visits; our busiest month in 2017 was July with 3, 666 visits. Municipal Government Day at the Legislature in Pierre is Wednesday, February 7, 2018.

Chief of Police Report - Traffic Enforcement - Parking: 1. Responded to - Medical: 3; Welfare Check: 1; Driving: 1; Animal: 2; Suspicious: 3; Misc: 5; Theft: 1; Parking: 1; Juvenile: 2; Disturbance: 1. Reports - Code Enforcement; Juvenile; Theft. Arrests - One case sent to State’s Attorney for probation violation and theft.  Code Enforcement - Opened: 0. Closed: 0. Citation: 1 Prosecuted and conviction. Other - LEPC meeting; Served letter for Economic Development; CPT meeting; Fingerprinted - 1.

City Maintenance Employee Report - Bob and Jason attended classes November 14-16 for water distribution contact hours and on December 5-7 for wastewater collection and stabilization pond contact hours. Bob will be attending spraying class in February for his G, 4, 9 renewal certification. Main Street lift station is running on one pump with new valves being ordered two repair the other. Bob asked if the water/sewer ordinance was still being looked at for updates. Cemetery trees are down and stumps removed but some clean up still needed come spring. The ash trees were diseased from the top down and branches were damaging stones. Jason received his CDL license. Maguire Iron was returning to hook up the aerator in the water tower.

Public Concerns:
Duane Hochstein - The concession/announcers stand at the amateur field is on hold. A Legion team is being looked into with a co-op with Menno which would add another coaching position. Field maintenance was brought up with a few suggestions given on possible solutions.

Ray Beecher - Just stopped by the meeting to say thank you to the city and the City of Scotland for having him as an employee.  His official final day is December 14, 2017. Thank You!

Council Concerns/Committee Reports:
Bouza - None
Thum - Social media regarding trees at the cemetery and Care Council concerns
Settje - Trees at the cemetery.
Barrett - Would trees be planted back at the cemetery?
Asche - None
Hofer -Thank you to all the organizations and people that do outstanding work throughout the year for the City of Scotland.  It is greatly appreciated by the city council and citizens.

Restricted Site Use Update - The previous location appears to be a wetland area after an environmental review. The city has found another location and working with Don from DENR to complete the steps to move forward. We are also working with John Clem with District III on the BBB program.

Housing Commission Update - Sean Barrett on behalf of the housing commission gave a brief update.

Recreation Area Bathroom - A discussion regarding size and materials was held to move the project forward. Mayor Hofer is going to assign a few council members to a committee to get everything ready to go to bid hopefully in January no later than February council meeting.  

Water Meter Update - A discussion was held regarding our current water meters that are no longer available to purchase or send in for repairs. The hand held that holds the data to transfer into the finance office computer doesn’t always want to download. The system is about 18 years old and obsolete. Finance Officer Bult was to look into if any grant monies were available.

Finance Regulations Second Reading - A motion was made by Barrett, second by Thum to approve the second reading of the finance regulation ordinance no. 2017-04. All voted in favor. Motion carried.

ORDINANCE NO. 2017-04

AN ORDINANCE AMENDING TITLE II, ENTITLED MUNICIPAL ORGANIZATION AND OFFICERS, BY ADDING CHAPTER 2.03, FINANCE REGULATIONS IN THE CITY OF SCOTLAND, BON HOMME COUNTY, SOUTH DAKOTA.

BE IT ORDAINED BY THE MUNICIPALITY OF SCOTLAND, BON HOMME COUNTY, SOUTH DAKOTA AS FOLLOWS:  That Title II, entitled Administration be amended by adding Chapter 2.03 as follows:

CHAPTER 2.03 – FINANCE REGULATIONS

2.0301     Revenues and Special Funds

All money belonging to the city from taxation, licenses, fines, permits, the operation of utilities, or from any other source, shall be paid into the city treasury, and the City Council shall designate by ordinance to what fund or funds such money shall be applied. The Finance Officer shall keep full, true, and just accounts of all financial affairs of the city and shall keep such accounts and furnish in such forms and in such manner from time to time as required by the South Dakota Department of Revenue.

2.0302     Records Retention and Destruction

The Records Retention and Destruction Schedule Manual, authorized for state municipalities by the State Office of Records Management, Bureau of Administration, shall be adopted by the City Council, and a printed copy of such manual shall be filed with the Finance Officer.

2.0303     Contract or Purchase Authority of Finance Officer

The Finance Officer has the authority to enter into contracts and make purchases on behalf of the City for any amount not to exceed five hundred dollars ($500.00).

The Finance Officer must obtain advance verbal approval from the Mayor of the City of Scotland to enter into any contract or make any purchase on behalf of the City from five hundred dollars ($500.00) to one thousand dollars ($1,000.00).

The Finance Officer must obtain advance approval by motion of the Scotland City Council, recorded in the minutes, to enter into any contract or make any purchase on behalf of the City for any amount exceeding one thousand dollars ($1,000.00).

2.0304     Contract or Purchase Authority of Department Heads 

Department heads have the authority to enter into contracts and make purchases on behalf of the City for any amount not to exceed five hundred dollars ($500.00).

The Department heads must obtain advance verbal approval from the Mayor of the City of Scotland to enter into any contract or make any purchase on behalf of the City from five hundred dollars ($500.00) to one thousand dollars ($1,000.00).

The Department heads must obtain advance approval by motion of the Scotland City Council, recorded in the minutes, to enter into any contract or make any purchase on behalf of the City for any amount exceeding one thousand dollars ($1,000.00).

2.0305     Emergency Contract or Purchases

The Finance Officer and department heads are not required to obtain either advance verbal approval from the Mayor or advance approval by motion of the Scotland City Council, recorded in the minutes, to enter into any contract or make any purchase on behalf of the City to address an immediate threat to the public health or safety.

Dated this 11th day of December, 2018.

                                                                                                                ______________________________
                                                                                                                Curtis Hofer, Mayor
ATTEST: 

_____________________________
Tanya Bult, Finance Officer                                         

Personnel Policies Second Reading - A motion was made by Asche, second by Thum to approve the second reading of the updated personnel policies. All voted in favor. Motion carried.

Transient Merchants & Peddlers Second Reading - A motion was made by Thum, second by Barrett to approve the second reading of the transient merchants and peddlers ordinance no. 2017-05. All voted in favor. Motion carried.

ORDINANCE NO. 2017-05

AN ORDINANCE AMENDING TITLE XV, ENTITLED OFFENSES AND MISDEMEANORS, BY ADDING CHAPTER 15.04, TRANSIENT MERCHANTS AND PEDDLERS IN THE CITY OF SCOTLAND, BON HOMME COUNTY, SOUTH DAKOTA.

BE IT ORDAINED BY THE MUNICIPALITY OF SCOTLAND, BON HOMME COUNTY, SOUTH DAKOTA AS FOLLOWS:  That Title XV, entitled Offenses and Misdemeanors be amended by adding Chapter 15.06 as follows:

Chapter 15.06 - TRANSIENT MERCHANTS AND PEDDLERS

15.0601     Definitions

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Peddler - A person engaged in the selling of property or services to include, but not limited to spraying, trimming, or pruning of trees and shrubs of all species, painting or repairing buildings or structures, and pest or rodent control, by going about from place to place, highway or street parking, or house to house either in person or by telephone to sell the same and who carries with him or her such property for delivery at the time of sale or performs such service at the time of contract for such service or immediately thereafter.

Solicitor - A person engaged in going from place to place, highway or street parking, or house to house in person or by telephone to solicit orders for, or to offer to sell, property or services for future delivery.

Transient Merchant - Any person, firm, corporation, partnership, association, or agent thereof transacting a temporary business where goods other than goods produced by him or her are exposed for wholesale or retail sale at any place in this state. A business operated more than six months in one place by the same person shall be deemed a permanent business, but one commenced and discontinued within six months thereafter shall prima facie be presumed a temporary business, and its operator a Transient Merchant.

15.0602     Transient Merchant License Required

Every transient merchant shall obtain a license and pay to the city a license fee of $25 for each six months that said transient merchant shall conduct said business licensed under this chapter. Said license fee shall be payable in advance, and the license issued under this chapter shall be posted conspicuously in the place of business named therein.

15.0603     Peddler/Solicitor License Required


It shall be unlawful for any person to be engaged in the business of peddler or solicitor as defined herein within the corporate limits of the city without first obtaining a permit and license therefor as provided herein. The fees required for said licenses shall be $25 for each six months payable in advance, provided that no fees shall be required of one selling products actually produced by the seller. Peddlers are required to exhibit their licenses at the request of any citizen.

15.0604     Application for License

Applicants for license under this chapter, whether a person, firm, or corporation shall file a written, sworn application signed by the applicant, if an individual, or by a partner if a partnership, or by an officer if a corporation, with the Finance Officer showing:

   (A)   The name or names of the applicant for license;
   (B)   The name or names of the person or persons having management or supervision of applicant’s business during the time it

           will be carried on in the city and the permanent address and addresses of such person or persons, the capacity in which

           such person or persons will act; that is, whether proprietor, agent, or otherwise;
   (C)   The place or places in the city where it is proposed to carry on applicant’s business and the length of time it is proposed that

           said business shall be conducted;
   (D)   A statement of the service to be provided or of the quality of the goods, wares, and merchandise to be sold or offered for

           sale by applicant whether the same are proposed to be sold from stock in possession or by sample, at auction by direct sale,

           or by taking orders for future delivery, where the goods or property proposed to be sold are manufactured or produced, and

           where such goods or products are located at the time said application is filed;
   (E)   At least three references as to the integrity of the applicant, including names, addresses, and telephone numbers;
   (F)   Last three locations of operation and dates thereof;
   (G)   Proof of sales tax license and license number; and
   (H)   Any other information that the Council may require.

15.0605     Approval of License

Any person seeking to obtain a license under the provisions of this chapter shall have obtained all required county and/or state permits, shall have completed an application for license, and shall have paid to the Finance Officer the amount provided for by this chapter for such a license. The Finance Officer shall then furnish the applicant a receipt designating the location of business and kind of activity applied for. Upon presentation of said receipt to the city, the City Council, at its discretion, if it deems the applicant a suitable and proper person to have such license, shall approve such license and direct the Mayor to sign the receipt. Said receipt when signed shall be deemed a good and sufficient license. If the City Council does not grant said license, the applicant shall be informed of the same and Finance Officer shall thereupon refund the amount of the license fee paid and the applicant’s receipt shall be the Finance Officer’s voucher for the money refunded.

15.0606     Revocation of License

Any license issued hereunder may be revoked, after notice and hearing, by the City Council for any of the following causes:

   (A)   Fraud, misrepresentation, or false statements contained in the application for license;
   (B)   Fraud, misrepresentation, or false statements made in the course of carrying on the business as a peddler, solicitor, or

           transient merchant hereunder;
   (C)   Any violation of this chapter, or other law or regulation;
   (D)   Conviction of any crime or misdemeanor involving moral turpitude; or
   (E)   Conducting the business licensed hereunder in an unlawful manner or in such a manner as to constitute a breach of the

           peace or to constitute a menace to the health, safety, or general welfare of the public.

15.0607     Appeal

Any person feeling aggrieved by the decision of the City Council in regard to the revocation of license or denial of application for license as provided in 15.0405 and 15.0406 of this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Officer within ten days after notice of the decision of the Council, a written statement showing the grounds for the appeal. The Finance Officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to such person in writing setting forth the time and place of the hearing. This notice shall be mailed or delivered personally to the licensee/applicant at least five days prior to the hearing date.

15.0608     Exceptions  

   (A)   Nothing in this chapter shall prohibit the distribution of any commodity from a railroad car by a cooperative association purchased in car lot for the personal use of its premises, nor the sale of services or goods by nonprofit groups located within the city limits.


   (B)   This chapter does not apply to the peddling or soliciting of telecommunications services subject to the provisions of SDCL 49-13 or 49-31.

Dated this 11th day of December, 2018.

                                                                                                                ______________________________
                                                                                                                Curtis Hofer, Mayor

ATTEST:

_____________________________
Tanya Bult, Finance Officer         

Liquor License 2018 Renewals - The license up for renewal is Cash Smart (retail off-sale wine) the license period of January 1, 2018 through December 31, 2018. A motion was made by Settje, second by Thum to approve the wine license renewal for Cash Smart for the year 2018. All voted in favor.  Motion carried.

City Commercial Insurance - The 2017 current rate of coverage with One Beacon (1 million dollar coverage) is $26,668. The 2018 Premium with One Beacon (1 million dollar coverage) is $18,800. The 2018 Premium with Continental Western (5 million dollar coverage) is $19,355. A motion was made by Settje, second by Thum to approve the Continental Western (5 million dollar coverage) at $19,355. All voted in favor. Motion carried.

City Fire/EMS Insurance - The 2017 current rate of coverage with One Beacon (1 million dollar coverage) is $10,285. The 2018 Premium with One Beacon (1 million dollar coverage) is $8,547. The 2018 Premium with Continental Western (5 million dollar coverage) is $9,175. A motion was made by Barrett, second by Settje to approve the Continental Western (5 million dollar coverage) at $9,175. All voted in favor. Motion carried.

Land from Development Corp - A motion was made by Asche, second by Thum to accept the land from the Scotland Area Development Corp parcels 51.01.16.10 and 51.01.16.11. All voted in favor. Motion carried.

Surplus property - A motion was made by Barrett, second by Asche to declare the wood at the rubble site surplus property. Three real property owners of real property situate within the City of Scotland (Jim Foley,Tim Furney, and Mark Kelley) will appraise the value of the fire wood. All voted in favor. Motion carried.

Supplemental Appropriations 2017-06 - A motion was made by Thum, second by Bouza to approve the first reading of the ordinance providing the appropriations to supplement the Rubble Site, Cemetery, Ambulance, Recreation S.A.A. (Restricted), and Ambulance (Restricted) within the general fund. All voted in favor.  Motion carried.

Set meeting date for Year End Meeting - The year end council meeting will be on Wednesday, December 20, 2017 at 9:00 am.

Set meeting date for the January Meeting - The meeting will be on Monday, January 8, 2018 at 5:00pm.

With no further business to discuss a motion was made by Asche, second by Barrett to adjourn the meeting at 6:27pm. All voted in favor. Motion carried.
                                                                            

                                                                                                                ______________________________
                                                                                                                Cutis Hofer, Mayor         

ATTEST:/s/_________________________
                   Tanya Bult, Finance Officer