The Common Council for the City of Faith, South Dakota met in regular session on August 16, 2005 at 7:00 P.M. in the Community Room of the Community Center. Mayor Haines called the meeting to order, called roll call, and led the Pledge of Allegiance.
Council members present: Inghram, Stocklin, Walker, Selby, Clark and Murray.
Others in attendance were: Debbie Brown, Donn Dupper, Annelle Afdahl, Peggy Riley and Kerri Hartley.
Walker made motion, seconded by Clark to approve the agenda removing item #15 and adding arrears list. Motion carried.
Murray made motion, seconded by Inghram to approve the minutes from the August 2, 2005 meeting. Motion carried.
CLAIMS APPROVED:
The following claims were presented and read:
Utility Department / Salaries / $ 4,908.35Finance Office / Salaries / $ 4,117.43
Police Department / Salaries / $ 5,200.50
Bar & Liquor Store / Salaries / $ 1,792.42
Janitor / Salaries / $ 558.36
Ambulance Department / Salaries / $ 3,456.20
Pool Department / Salaries / $ 3,028.08
James Crockford / Landfill Attendant / $ 295.52
Amy Schuelke / Meter Reader / $ 165.68
Sandy Engel / Library Supervisor / $ 252.11
Linda Olson / Library Assistant / $ 417.97
Marvin Jensen / Part Time Labor / $ 110.82
Meade CountyRegister of Deeds / Plat Fee / $ 10.00
Farmers State Bank / Federal Excise Tax / $ 356.91
Farmers State Bank / SS & Withholding / $ 944.22
Farmers State Bank / SS & Withholding / $ 2,635.88
Faith Stock Show / Donation / $ 3,000.00
Meade CountyRegister of Deeds / Plat Fee / $ 10.00
Farmers State Bank / Federal Excise Tax / $ 356.91
Farmers State Bank / SS & Withholding / $ 944.22
Farmers State Bank / SS & Withholding / $ 2,635.88
Faith Stock Show / Donation / $ 3,000.00
AT & T / Purchase of Accts Receivable / $ 972.99
Auto Center II / MV Maintenance / $ 476.08
Brosz Engineering / Survey for Plat and Water Study / $ 5,300.00
City of Faith / Bulk Water / $ 44.24
City of Lemmon / Sewer Cleaning / $ 376.00
DakotaBusinessCenter / Office Supplies / $ 69.83
Dakota Fluid Power, Inc. / MV Parts / $ 18.57
Department of Revenue / Drivers Licensing / $ 60.00
Emergency Medical Products / Ambulance Supplies / $ 433.71
Express / Access Expense / $ 2,098.62
FaithCommunityHealthCenter / Ambulance Supplies / $ 66.96
Faith Independent / Publishing / $ 225.93
Faith Lumber Company / Supplies / $ 120.10
Golden West Internet Solutions / DSL / $ 941.83
Golden West Technologies / Internet Help / $ 66.02
Golden West Telecommunications / Special Access / $ 1,464.25
Hance Companies / MV Maintenance / $ 439.17
Hawkins Water Treatment Group / Swimming Pool Supplies / $ 1,148.51
Jenner Equipment Company / Repair & Maintenance / $ 58.58
Chuck Jones / Meals / $ 18.00
Ketel Thorstenson, LLP / Professional Services / $ 1,900.00
Lynn's Dakotamart / Supplies / $ 1,032.65
M&D Food Shop / Gas & Supplies / $ 1,963.72
Meade County Highway Shop / Mag Water / $ 1,000.00
Mid America Computer Corp. / Message Processing / $ 879.27
Physcians Claims Company / Claim Filing Fee / $ 394.24
Prairie Wave / Directory Assistance / $ 5.00
Reliable Corporation / Office Supplies / $ 108.67
Rick's Auto / Repair & Maintenance / $ 174.00
Riter, Rogers, Wattier & Brown / Legal Fees / $ 57.35
SD Department of Transportation / Airport Hangar Appraisal / $ 1,699.04
SD Federal Property Agency / Fire Department supplies / $ 15.00
SD State Treasurer / Sales Tax / $ 3,257.79
Schwan's / Food For Resale / $ 45.11
Servall Towel & Linen / Mats, Fresheners and Mops / $ 499.99
The Royal Flush, Inc. / Rental Portable Toilets and Cleaning / $ 280.00
Vila's Health & Variety / Supplies / $ 2.98
Walker made motion, seconded by Murray to approve all claims as presented. Motion carried.
ORDINANCES & RESOLUTIONS:
Walker introduced the following resolutionand moved for its adoption:
RESOLUTION NO. 08-16-05-01
WHEREAS the City of Faith needs to transfer and that the Finance Officer be authorized to transfer funds as of July 31, 2005 in accordance with the adopted Budget Plan:
390.00...... from General to Ambulance Restricted Cash
250.00 from Water to Capital Outlay
250.00 from Electric to Capital Outlay
8800.00 from Telephone to Capital Outlay
1000.00 from Sewer to Capital Outlay
1707.19 from Liquor to General
25000.00 from Electric to General
24000.00 from Telephone to General
Seconded by Clark. Motion carried.
Stocklin introduced the following resolutionand moved for its adoption:
Resolution No. 08-16-05-02
AUTHORIZING GOVERNMENTAL
RESOLUTION
Project Certifying Officer
WHEREAS, The City of Faith is a recipient of a Community Development Block Grant from the U.S. Department of Housing and Urban Development as administered by the State of South Dakota, and;
WHEREAS, The City of Faith is required to designate a certifying officer for the purpose of signing required documents pertaining to this grant;
NOW THEREFORE, BE IT RESOLVED, that Debbie Brown, Finance Officer for the City of Faith be hereby designated as the City’s/County's official for the purpose of signing Grant Agreements and Contracts.
AND BE IT FURTHER RESOLVED, that Debbie Brown, Finance Officer for the City of Faith be hereby designated as the City’s certifying officer for the purpose of signing correspondence, pay requests, and other required documents.
Seconded by Inghram. Motion carried.
Walker introduced the following resolutionand moved for its adoption:
Resolution No. 08-16-03
RESOLUTION ASSURING FAIR HOUSING
Whereas, it is the City of Faithfirm belief that discrimination in housing not only threatens the rights and privileges of the citizens of City of Faith but also menaces the institutions and foundations of free and democratic society; and
Whereas, this body desires to give meaning to the guarantees of equal rights contained in the Constitution and laws of this State and the United States and to encourage and bring about mutual self-respect and understanding among all citizens and groups in the City of Faith; and,
Whereas, under the federal fair housing, (Title VIII of the Civil Rights Act of 1968), it is illegal to deny housing to any person because of race, color, religion, sex or national origin; and,
Therefore, be it resolved the City of Faith, South Dakota, makes a firm commitment to do all within its power to eliminate prejudice, intolerance, disorder and discrimination in housing.
Therefore, be it also resolved that the Fair Housing and Equal Opportunity logo will be displayed at City of Faith city/county office and on all official correspondence.
Therefore, be it also resolved that the following procedures will be used to accomplish the purpose of the aforementioned resolution:
1.The City of Faith shall inform all City of Faith employees of the City of Faith commitment to equal housing.
2.The City of Faith shall direct all employees to forward immediately to the Mayor any reports they receive of housing discrimination.
3.The Mayor shall forward such complaints to the South Dakota Division of Human Rights within 10 days of receipt to said complaint.
Seconded by Clark. Motion carried.
Ordinance No. 280: Imposing a Municipal Sales and Service Tax and a Use Tax (2ndReading):
Walker made motion, seconded by Stocklin to approve the second reading of Ordinance No. 280 Imposing a Municipal Sales and Service Tax and a Use Tax. Motion carried.
ORDINANCE NO. 280
AN ORDINANCE IMPOSING A MUNICIPAL SALES AND SERVICE TAX AND A USE TAX FOR THE MUNICIPALITY OF FAITH, MEADE COUNTY, SOUTH DAKOTA.
BE IT ORDAINED BY THE MUNICIPALITY OF FAITH, MEADE COUNTY, SOUTH DAKOTA.
Section 1. PURPOSE. The purpose of this ordinance is to provide additional needed revenue for the Municipality of Faith, Meade County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
Section 2. EFFECTIVE DATE AND ENACTMENT OF TAX. From and after the first day of January, 2006, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by 1% on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Faith, Meade County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.
Section 3. USE TAX. In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after the first of January, 2006, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.
Section 4. COLLECTION. Such tax is levied pursuant to authorization granted by SDCL 10-52 and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue and Regulation of the State of South Dakota shall lawfully prescribe.
Section 5. INTERPRETATION. It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto and the South Dakota Use Tax, SDCL 10-46 and acts amendatory hereto, and that this shall be considered a similar tax except for the rate thereof to that tax.
Section 6. PENALTY. Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200 or imprisoned in the County Jail for thirty (30) days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, and SDCL 10-46, and acts amendatory thereto are hereby authorized for the collection of these excise taxes by the Department of Revenue and Regulation.
Section 7. SEPARABILITY. If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.
Dated this day of August 2, 2006.
Ordinance No. 281: Annual Appropriation Ordinance (1st Reading):
Inghram made motion, seconded by Walker to approve the first reading of Ordinance No. 281: Annual Appropriation Ordinance. Motion carried.
Items needed for CDBG Grant:
Stocklin made motion, seconded by Walker to approve the following:
Code of Conduct
Relocation, Displacement and Acquisition Plan
Equal Employment Opportunity Policy
Project Status
Certification Regarding Restrictions on Lobbying
Excessive Force Policy
The July revenues were $138,376.10 and the July expenditures were $312,357.92.
Neil Volmer – Insurance Quote:
Tabled until next meeting.
Wood Floors Redone in Gym:
Derksen gave a quote of $2800 for the supplies to re-do the floor and $3622.50 for supplies and Derksen to re-do the floor. Walker made motion, seconded by Selby to approve having Derksen do the floor at $3622.50 and see what it would cost to do a black line on the south side. Motion carried.
Add Firemen to Fire List:
Murray made motion, seconded by Clark to add Rebecca Smith to the fire list.
Meridee Schuelke Use of OldCommunity Center:
Meridee Schuelke called the Finance Office asking if she could use waivers for the kids she teaches dance to instead of purchasing liability insurance. Council would like the lawyer’s opinion and the insurance company’s opinion.
Chip Seal:
Due to the high cost of oil, council would like to purchase chips this year and do the chip seal project next year since there is only $50,000 budgeted this year for street improvement. Donn Dupper said they could get by and do some patching this year. Specs for chips and hauling and specs for hauling of chips will be ready and advertised to be delivered by December 1st.
Agreement for Purchase of AirportBuilding:
After submitting a plan to the SDDOT, since there was so much problem with building a new building with bids coming back so high, FAA approved the City of Faith to purchase a building that is already at the airport. The McDaniel Hangar was offered to the City of Faith with the option of Bill McDaniel leasing the front portion of the building back for $500 a month for a two year lease. The FAA requested it be appraised by a FAA Appraiser and offer the appraised value, no less. Walker made motion, seconded by Selby to approve the purchase agreement for the McDaniel hangar for $70,000 upon legal approval. Motion carried.
Approve Lease from Bill McDaniel:
Selby made motion, seconded by Stocklin to approve the lease of $500 a month for two years with Bill McDaniel for his hangar that he is selling to the City of Faith upon legal approval. Motion carried.
Water Study Review:
The water study that was done by Dave Lutz was talked about. Council would like to look into a water Grant to possibly have an emergency plan.
Arrears List:
Council reviewed and discussed the arrears list.
Committee Reports:
Liquor:
Murray stated that he had received some of the snack foods for the fryer and will be getting the oil changed and get the fryer going.
Stocklin made motion, seconded by Clark to adjourn. Motion carried.
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Debbie Brown, Finance OfficerGlen Haines, Mayor