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The regular meeting of the City of Scotland was called to order by Mayor Randy Thum at 5:00pm on Monday, August 12, 2024. The following council members answered to roll call Randy Abbink, Wayne Bertrand, Myles Runyon, Victor Settje, Tim Asche and Dennis Bietz. Others present were Tanya Bult, Maggie Spak, Tim Trautmann, Deb Mehrer, Mike Mehrer, Melanie Hall Edwards, Peggy Schelske, Cheylub Hall, Leo Layne, Leslie Genimatas and Russell Graeff.
A motion was made by Settje, second by Abbink to approve the agenda. All voted in favor. Motion carried.
A motion was made by Bietz, second by Abbink to approve the minutes of last month’s regular meeting. All voted in favor. Motion carried.
A motion was made by Bertrand, second by Runyon to approve the bills. All voted in favor. Motion carried.
City Bills:
AFLAC Employee Insurance $293.90
AMAZON CAPITAL SERVICES Supplies: Library, Police $980.00
B-Y WATER DISTRICT 9,008,000 Gallons $28,041.80
BLACKBURN & STEVENS, PROF Code Enforcement Attorney Fees $8,492.20
BRIAN HUMPHREY Code Enforcement Mowing $65.00
CARGILL, INC Bon Homme Parcel 51.02.24.01 $530.00
CENTRAL FARMERS COOP Diesel, Gasoline, Mower Tire $126.86
CHASE PEST SERVICE Pest Control: City Hall & Fire Hall $120.00
CITY EMPLOYEE WAGES Council/Mayor $3,370.77
CITY EMPLOYEE WAGES Finance Officer $3,368.23
CITY EMPLOYEE WAGES Library $1,197.11
CITY EMPLOYEE WAGES Lifeguards $6,090.01
CITY EMPLOYEE WAGES Police/Code Enforcement $3,433.03
CITY EMPLOYEE WAGES Rubble Site $704.40
CITY EMPLOYEE WAGES Streets $3,550.66
CITY EMPLOYEE WAGES Summer Maint $2,009.23
CITY EMPLOYEE WAGES Water $2,179.01
CITY OF SCOTLAND City Water/ Sewer Bills $1,040.41
CONNECTING POINTS Support Contract 2024-25 $1,090.00
COLONIAL LIFE Employee Insurance $62.22
FARMERS & MERCHANTS STATE BANK Auto Pay - July $31.62
GOLDEN WEST COMMUNICATIONS Phone, Internet, Fax $626.06
HAWKINS, INC Pool Chemicals $9,336.22
HENKE TRACTOR REPAIR Trimmer $354.98
INNOVATIVE OFFICE SOLUTION Utility Billing Service $742.50
IRS Employee Withholding $6,330.60
KENT LEHR Attorney Fees $240.00
KRONAIZL INSURANCE New Patrol Truck $813.00
MAGGIE SPAK Reimburse: Business Cards $84.89
MAIN STOP Gasoline, Ice $632.44
MCLAURY ENGINEERING Main Street Drainage Project $7,818.75
MOHNEN COMMERCIAL ROOFING Building Roof Repair $16,023.22
MYERS SANITATION Residential Garbage - July $6,728.24
NASASP Membership Dues 5yr $190.00
NORTHWESTERN ENERGY Electricity, Natural Gas $7,164.02
ONE OFFICE SOLUTION Supplies: Police $90.98
PURCHASE POWER Postage $1,212.75
SCHOENFISH & CO., INC Audit 2021-2022 $11,000.00
SCHUURMANS FARM SUPPLY Bearing, Blades $1,070.54
SCOTLAND HARDWARE Supplies: Streets, Pool, Shop $81.49
SCOTLAND JOURNAL Legals, Notices, Ads $926.69
SCOTLAND OIL COMPANY Diesel, Gasoline $315.77
SCOTTIE STOP Gasoline $84.00
SD ASSOC OF RURAL WATER Valve Exercise, Leak Detection $850.00
SD DEPT OF HEALTH Samples: Water, Sewer $269.00
SD DEPT OF REVENUE June Sales Tax: Garbage, Camping, Pool $787.32
SD DEPT OF REVENUE July Sales Tax: Garbage, Camping, Pool $636.76
SD ONE CALL Line Locates $17.92
SD RETIREMENT Employee Retirement $2,094.88
SIOUX FALLS TWO WAY RADIO SVC Supplies - Police $41.99
STRAIGHTLINE GRAPHICS Patrol Truck Graphics $704.00
TANYA BULT Reimburse: MV Fees, Lifeguard $1,005.90
TIM TRAUTMANN Reimburse: Applicator License, Cell $335.88
TYNDALL NAPA Sewer - Belts $209.94
VERIZON Broadband: Police, Water, Meters $106.41
VISION SERVICE PLAN Employee Vision Insurance $27.18
WELLMARK BLUECROSS BLUESHIELD Employee Health Insurance $2,374.08
YANKTON PRESS & DAKOTAN Advertising - City Maint $937.39
YANKTON JANITORIAL SUPPLY, INC Bathroom Supplies $329.50
Ambulance Bills:
AMBULANCE WAGES On Call / Trips $618.74
IRS Employee Withholding $102.52
Finance Officer’s Report - Bult will be out of the office attending appointments over the next few months.
Library Director Report - Library board meeting will be held on Monday, August 26, 2024 at 7pm.
Police Report - 1 Traffic Hazard, 2 Emergency Calls, 3 Information, 2 Criminal Trespass, 2 Suspicious Person, 1 Warrant Service, 3 Arrest, 4 Welfare Check, 1 Alarm, 1 Theft, 5 Parking Tickets, 1 Animal Control.
City Maintenance Report - Busy getting ready for rodeo days and cleanup after.
Public Concerns:
Melanie Hall Edwards expressed her concerns to the council regarding the Zolnowsky building.
Leo Layne inquired what the court ruling was on the Zolnowsky building.
Cheylub Hall stated he has the same concerns regarding the Zolnowsky building.
Council took a short recess. Bult returned stating any allegations with the Zolnowsky building must be handled between Melanie’s attorney and the city code enforcement attorney. Melanie’s attorney and the city’s code enforcement attorney both received a copy of the court proceedings. The Zolnowsky building is beyond the cities control once it went to court.
Council Concerns/Committee Reports:
Abbink - None
Bertrand - None
Runyon - None
Settje - Request an update on the Main/Stafford drainage project.
Asche - None
Bietz - None
2025 Appropriation Ordinance - A motion was made by Abbink, second by Settje to give first reading of the budget ordinance #2024-01, an ordinance setting the appropriations for the 2025 budget. All voted in favor. Motion carried.
Audit Findings - A motion was made by Bietz, second by Asche to accept the 2021 & 2022 audit report. All voted in favor. Motion carried.
Ordinance Chapter 6 - After a lengthy discussion it was suggested that Office Spak make her suggested changes. Once all suggested changes are turned into the finance office, Bult will submit them to the city attorney for review. First reading will take place at the September council meeting.
Resolution IM28 Opposition - A motion was made by Settje second by Bietz, and after full and complete discussion, the resolution was Yay: Abbink, Bertrand, Runyon, Settje, Asche and Bietz. All voted in favor. Motion carried.
RESOLUTION NO. 2024-02 IM28 Opposition
WHEREAS Initiated Measure 28 was certified for the November 2024 General Election Ballot by the South Dakota Secretary of State;
WHEREAS Initiated Measure 28, if passed, would remove state, municipal and tribal taxes on all items sold for human consumption except alcohol and prepared food;
WHEREAS “human consumption” is undefined in South Dakota Codified Law or the South Dakota Constitution. Black’s Law Dictionary defines “consumption” as “the act of destroying a thing by using it; the use of a thing in a way that exhausts it.”;
WHEREAS South Dakota Codified Law 34-45-1(7) defines tobacco products as “any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 34-46-20.”;
WHEREAS South Dakota Codified Law 10-52-2 allows incorporated municipalities to impose a tax on the sale, use, storage and consumption of items that conform in all respects to the state tax on such items up to two percent;
WHEREAS The Attorney General’s explanation of the measure states legislative or judicial clarification would be needed if the measure passes;
WHEREAS The City of Scotland levies a two-percent sales tax and collected $75,000 in the 2023 fiscal year and $46,000 year-to-date in the 2024 fiscal year;
WHEREAS The City of Scotland estimates annual lost revenue of $75,000 unless Initiated Measure 28 is rejected by voters in South Dakota;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Scotland, that Initiated Measure 28 would negatively impact the municipal budget in our community.
A motion was made by Settje second by Bietz, and after full and complete discussion, the resolution was Yay: Abbink, Bertrand, Runyon, Settje, Asche and Bietz.
Adopted this 12 day of August, 2024.
ATTEST: CITY OF SCOTLAND, SOUTH DAKOTA
______________________________ ______________________________
Tanya Bult, Finance Officer Randy Thum, Mayor
Set meeting date for the September Meeting - The meeting will be on Monday, September 9, 2024 at 5:00pm.
A motion was made by Runyon, second by Settje to enter into executive session at 5:50pm for Personnel as per SDCL 1-25-2 Sub (1) Lifeguard Evaluations. All voted in favor. Motion carried.
A motion was made by Settje, second by Asche to come out of executive session at 6:02pm with the following action taken. All voted in favor. Motion carried.
A motion was made by Bietz, second by Settje to approve lifeguards a $2.00 bonus per hour worked: Taya Bult, Treytan Bult, Macy Rokusek Nora Robb, Ashton Massey and Zoe Schaffer; all based on 50+ hours worked and evaluations. All voted in favor. Motion carried.
A motion was made by Runyon, second by Abbink to enter into executive session at 6:03pm for Personnel as per SDCL 1-25-2 Sub (1) Maintenance Interviews. All voted in favor. Motion carried.
A motion was made by Bietz, second by Bertrand to come out of executive session at 6:44pm with the following action taken. All voted in favor. Motion carried.
A motion was made by Abbink, second by Settje to give the following raise to full time employee Tim Trautmann to $23.50 per hour effective immediately. All voted in favor. Motion carried.
A motion was made by Asche, second by Bietz to hire Dommonick Pechous as city maintenance at $23.50 per hour starting date September 3, 2024. All voted in favor with Bertrand abstaining. Motion carried.
With no further business to discuss a motion was made by Runyon, second by Settje to adjourn the meeting at 6:46pm. All voted in favor. Motion carried.
ATTEST: CITY OF SCOTLAND, SOUTH DAKOTA
______________________________ ______________________________
Tanya Bult, Finance Officer Randy Thum, Mayor