New Underwood, South Dakota

......a good place to be!

Minutes March 4, 2009

                               MINUTES OF THE

NEW UNDERWOOD CITY COUNCIL

  

A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on March 4, 2009.  Present were: Mayor Benita R. White, Councilmember’s: Michael Green, Tyler Richter, John Torrey, and Jack Trullinger; Also present:  Fin. Officer Meri Jo Anderson, Dir. Public Works Greg Hall, Lt. Weber, Deputy McPherson, Cris Allen, Diane Trullinger, Linda Morrison Tony Ascrizzi , arriving later was Chuck Boydston and Denise Livingston.

  

AGENDA

Moved by Green second by Trullinger to approve the agenda.  Aye: all. Motion

carried.

 

BID OPENING & AWARD OF ELECTRICAL PHASE 2 & 3

Bids on electrical phase 2 & 3 were opened.

Phase 2: Paul’s Electric - $3,458.00/S & D – $2,368.68. 

Phase 3:  Paul’s Electric - $4,463.00

Motion by Green second by Torrey to accept the lowest bid on Phase 2 and award to S & D Electric and to hold off on Phase 3 until more information can be obtained.  Roll call vote.  Aye:  Green, Richter, Torrey, and Trullinger.  Nay: none.  Motion carried.

Discussion on phase 3 continued.  One electrician says the heater will meet code, one says it won’t.  Mr. Hall will check with our own engineer. The Council also discussed propane verses electric verses geothermal.  More data will be obtained for the Council.

 

PUBLIC HEARING ON CDBG APPLICATION AND COMMUNITY DEVELOPMENT AND HOUSING NEEDS ASSESSMENT

The public hearing for the CDBG application and community development and housing needs assessment was called to order at 6:10 p.m.  The Mayor explained about the grant monies and loan for the radiological removal treatment.  Denise Livingston, Black Hills Council of Local Governments, explained how the grant process works and our chances of getting the grant.  The hearing adjourned at 6:20 p.m.

 

MINUTES                                                               

Moved by Trullinger second by Torrey to approve the February 18, 2009 minutes as presented.  Aye: all.  Motion carried.

 

FINANCIAL REPORT & BILLIST                                                                                   

The financial reports, bill-list and vouchers were presented.  Motion by Richter second by Trullinger to approve the financial reports and the following warrants as presented.  Aye:  all.  Motion carried.  

February bills payable March 4, 2009

GENERAL FUND                                                                                        

Salaries – 384.80;  FWB (visa & bank charges) – 16.44; First Western Bank ( SS, FWT) – 63.75; WREA (Service) – 1387.54; Golden West Service) – 117.26; SD State Treasurer  ( Sales Tax) – 252.15; RC Landfill (Dump Fees) – 1393.90; Dakota Care ( Insurance) – 2117.60; ELAN (CC shop, & supplies) – 823.22; NU Post (publishing) – 184.69; Steve’s (fuel) – 215.81; Penn. Co. Hwy. (fuel) 135.87; Kristi Lemke (clean CC) – 175.00; NU Ambulance (tri-county program) – 100.00; Avenet (web page) – 336.00; Clark Printing (envelopes) – 309.80; BHAFOA (winter speaker) – 50.00;  McGas (propane-shop) – 34.00; Sam’s Club (Copier & toner) – 245.77.  TOTAL: $8343.60.

SPECIAL REVENUE FUND

FWB (loan payment PWB) – 1878.44.  TOTAL:  $1878.44

WATER FUND                                                                                             

Salaries – 3615.46; FWB (SS & FWT) – 996.38; SD Retirement (Feb) – 471.27; WREA (Service) – 685.91; Northwest Pipe Fittings (supplies) – 84.29; Elan (supplies) – 49.48.  TOTAL: $5902.79. 

SEWER FUND                                                                                             

Salaries – 3496.87; First Western Bank ( SS, FWT) – 973.80; SD Retirement (Feb) – 468.29; WREA (Service) – 52.13; Alltell (service) – 116.16; Omni-site (alarms) – 40.00; City of Beresford (sewer jetter) – 3500.00.   TOTAL: $8647.25.

 

WELL PUMP

Mr. Hall requested $650.00 for an electronic pump constant feed for the well, since he has no extra parts to fix the old one.  Motion by Trullinger second by Richter to approve this request.  Aye: all.  Motion carried.

 

ANNUAL REPORT

The Finance Officer presented the annual report for 2008.  Motion by Trullinger second by Richter to accept the 2008 annual report and file it with State Legislative Audit.  Roll call vote. Aye:  Green, Richter, Torrey, and Trullinger. Nay: none.  Motion carried. 

 

ORDINANCE NUMBER 09-02

Ordinance Number 09-02 received its second reading.

 

ORDINANCE NUMBER 09-02

 

AN ORDINANCE TO AMEND ARTICLE II GENERAL; SECTION VII MAYOR & COUNCIL SALARY.

 

BE IT ORDAINED by the Common Council for the City of New Underwood that Article II General ; Section VII Mayor & Council Salary; be amended:

 

2.  The Alderman’s salary will be $50.00 $30.00 for each meeting attended, to be paid  every two months.

 

(seal)

                                                                                   Benita White, Mayor  

 

Meri Jo Anderson, Finance Officer                                                   

 

First reading:  February 18, 2009

Second reading:  March 4, 2009

Publish date:  March 12, 2009

Effective date:  April 1, 2009

 

Motion by Green second by Richter to approve the second reading of Ordinance Number 09-02.  Roll call vote.  Aye:  Green, Richter, Torrey, and Trullinger.  Nay: none.  Motion carried.

 

GRANT & SRL FUND MONIES

The following resolutions, plans, and statements, which were adopted in 1990 and needed updated for the grant process were introduced.

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

CDBG APPLICATION RESOLUTION

RESOLUTION NUMBER 09-03

 

WHEREAS, City of New Underwood has identified the need to apply for a Community Development Block Grant (CDBG) for the construction and implementation of a radiological treatment system for the City’s main water supply located at Well #2; and,

 

WHEREAS, City of New Underwood expects to complete the proposed $358,500.00 project with the assistance of CDBG Program funds in the amount of $183,000; and,

 

WHEREAS, City of New Underwood is eligible for federal assistance for the proposed project as it is a city under 50,000 in population; and,

 

WHEREAS, City of New Underwood is also eligible for federal assistance for the proposed project as it is a city with a low to moderate income level (LMI) of 60%, according to a recent survey; and,

 

WHEREAS, with the submission of the CDBG Application, City of New Underwood assures and certifies that all CDBG Program requirements will be fulfilled by themselves or the hired contractor.;

 

THEREFORE, BE IT RESOLVED that the Mayor and/or Finance Officer of the City of New Underwood be authorized to execute the CDBG Application and any and all amendments thereto and execute any and all contract documents pertaining to the WRT project.

 

Dated this 4th day of March, 2009               

 

(seal)

                                                                                     Benita R. White, Mayor

                                                                       

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

APPLICATION

PROJECT CERTIFYING OFFICER RESOLUTION

RESOLUTION NUMBER 09-04

 

 

WHEREAS, City of New Underwood anticipates an award of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development as administered by the State of South Dakota, Governor’s Office of Economic Development; and,

 

WHEREAS, if awarded Community Development Block Grant funds, City of New Underwood will be required to designate a Project Certifying Officer for the purpose of signing required documents pertaining to this grant.

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and/or Finance Officer be hereby designated as the City’s official for the purpose of signing Grant Agreements and any amendments thereto; and execute any and all contract documents pertaining to the project such as signing contracts, correspondence, pay requests and other required documents directly relating to the Community Development Block Grant Project for the construction and implementation of a radiological treatment system for the City’s main water supply located at Well #2.

 

Dated this day of  4th day of March              

 

(SEAL)          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

APPLICATION

ENVIRONMENTAL CERTIFYING OFFICER

RESOLUTION NUMBER 09-05

 

WHEREAS, City of New Underwood anticipates an award of a Community Development Block Grant funds from the U.S. Department of Housing and Urban Development, as administered by the State of South Dakota Governor’s Office of Economic Development; and,

 

WHEREAS, if awarded Community Development Block Grant funds, City of New Underwood will be required to designate an Environmental Certifying Officer for the purpose of completing the required environmental documents pertaining to this grant.

 

NOW, THEREFORE, BE IT RESOLVED that the Mayor and/or Finance Officer be hereby designated as the Environmental Certifying Officer for the purpose of signing correspondence and other required documents and forms.

 

AND BE IT FURTHER RESOLVED that the Black Hills Council of Local Governments is requested to act on behalf of the City of New Underwood in completing the CDBG Environmental Assessment for the construction and implementation of a radiological treatment system for the City’s main water supply located at Well #2.

 

Dated this 4th day of March, 2009.

 

 

(SEAL)          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

 

 

 

city of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

Certification Regarding Restrictions on Lobbying

RESOLUTION NUMBER 09-06

 

NOW THEREFORE BE IT RESOLVED by the Common Council of the City of New Underwood that the undersigned certifies, to the best of their knowledge and belief, that:

 

1)      No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.

2)      If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form – LL, Disclosure Form to Report Lobbying, in accordance with its instructions.

3)      The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants and contracts under grants, sub-grants, loans and cooperative agreements) which exceed $100,000 and that any such sub-recipients shall certify and disclose accordingly.

 

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.  Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code.  Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 or more than $100,000 for each such failure.

 

Dated this 4th day of March, 2009.

 

(SEAL)          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

Code of Conduct Resolution

RESOLUTION NUMBER 09-07

 

WHEREAS, the purpose of this “Code of Conduct” is to ensure the efficient, fair and professional administration of Federal grant funds in compliance with applicable Federal and State standards, regulations and laws, and,

 

WHEREAS, this “Code of Conduct” applies to the city council, officers, employees or agents of the City of New Underwood engaged in the award or administration of contracts supported by Federal grant funds, and

 

WHEREAS, no city council members, officers, employees or agents of the City of New Underwood shall participate in the selection, award or administration of a contract supported by Federal grant funds-if a conflict of interest (real or apparent) would be involved.  Such a conflict would arise when:

(a)    members of the city council, city employee, officer or agent;

(b)   Any member of his/her family;

(c)    His/her partner, or

(d)   An organization which employs or is about to employ any of the above,

has a financial or other interest in the firm selected for award, and

 

WHEREAS, the city council members, officers, employees or agents of the City of New Underwood shall neither select or accept gratuities, favors or anything of monetary value from contractors or subcontractors, and

 

WHEREAS, to the extent permitted by Federal, State or local laws and regulations, violation of these standards may cause penalties, sanctions or other disciplinary actions to be taken against the City of New Underwood council members, officers, employees or agents of New Underwood, of the contractor, potential contractor’s subcontractors or their agents.

 

NOW, THEREFORE, BE IT RESOLVED, that the City of New Underwood adopts this “Code of Conduct” and affirms the Code as a policy of the Town of New Underwood.

 

Dated this 4th day of March, 2009.

 

(SEAL)                                                          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

Equal Employment Opportunity Policy

RESOLUTION NUMBER 09-08

 

WHEREAS The City of New Underwood does hereby declare that it is the fundamental policy for the City of New Underwood to provide equal opportunity to all its employees and applicants for employment (skilled, unskilled and professional) and to assure that there shall be no discrimination against any person on the basis of race, color, religion, creed, national origin, sex, age, physical or mental handicap, marital status or political beliefs, unless related to a bona fide occupational requirement.  To this end, the City of New Underwood will take steps to equalize opportunity for employment at all levels of operation for those classes of people who have traditionally been denied equal opportunity (minority group members, women and the handicapped), and it recognizes an obligation to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee, unless the accommodation imposes an undue hardship.

 

WHEREAS all applicants for employment with the City of New Underwood will be recruited from the available labor market and evaluated on each person’s individual qualifications and abilities.  All employees shall be afforded equal opportunity, during their term of employment and are guaranteed protection against retaliation for exercising any legal or administrative procedures to secure right to equal employment or testifying on behalf of someone else doing so.

 

WHEREAS all administrators and supervisors are responsible for and shall be committed to achieving and promoting equal employment opportunity with the City of New Underwood.

 

WHEREAS the Mayor and/or Finance Officer of the City of New Underwood are the Equal Employment Opportunity Officer and shall be responsible for coordinating the equal employment opportunity program.

 

NOW THEREFORE BE IT RESOLVED by the New Underwood City Council that adoption of this document reaffirms the City of New Underwood’s policy of nondiscrimination in employment, including but not limited to the employment areas of recruitment, selections, placement, testing, training, promotion, transfer, discipline, demotion, layoff and termination.

 

Dated this 4th day of March, 2009.

 

(SEAL)          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

Excessive Force Policy

RESOLUTION NUMBER 09-09

 

NOW THEREFORE BE IT RESOLVED by the New Underwood City Council that the City of New Underwood will prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and enforcing applicable state and local laws against physically barring entrance to of from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.

 

 

Dated this 4th day of March, 2009.

 

(SEAL)          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

Fair Housing Assurance

RESOLUTION NUMBER 09-10

 

 

WHEREAS, it is the belief of the City of New Underwood that discrimination in housing not only threatens the rights and privileges of its citizens but also menaces the institutions and foundations of a free and democratic society, and

 

WHEREAS, the City of New Underwood 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 country, and

 

WHEREAS, under 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,

 

NOW, THEREFORE, BE IT RESOLVED, that the City of New Underwood makes a firm commitment to do all within its power to eliminate prejudice, intolerance, disorder and discrimination in housing.

 

BE IT FURTHER RESOLVED, that Fair Housing and Equal Opportunity logo will be displayed in the City’s buildings and on official correspondence.

 

BE IT FURTHER RESOLVED that the following procedures will be used to accomplish the purpose of the aforementioned resolution:

1)      The City of New Underwood shall inform all its employees of the City’s commitment to equal housing.

2)      The City of New Underwood shall direct all employees to forward immediately to the Mayor reports they receive of housing discrimination.

3)      The Mayor shall forward such complaints to the South Dakota Division of Human Rights within ten (10) days of receipt of said complaint.

 

Dated this 4th day of March, 2009.

 

(SEAL)                                                          

                                                                        Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

OPERATION, MAINTENANCE AND REPAIR STATEMENT

 

 

City of New Underwood anticipates the award of a Community Development Block Grant (CDBG) from the Governor’s Office of Economic Development.  As partial requirement for the CDBG Grant, it is necessary to recognize the need to provide all necessary funding to conduct the normal operation, maintenance and repair of the project being financed in part with CDBG funding.

 

 City of New Underwood  recognizes the need to provide such funding and the City has stated that they should establish a reserve fund within its annual budgeting process to provide adequate funding to maintain the project being improved by the CDBG funds through the normal life expectancy of the project.  It is anticipated that the annual operating, maintenance and repair cost will be less than $50,000.

Dated this 4th day of March, 2009.

 

(SEAL)          

                                                 Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

City of New Underwood

COMMUNITY DEVELOPMENT BLOCK GRANT

RELOCATION, DISPLACEMENT AND ACQUISITION PLAN

 

 

City of New Underwood, by adopting this RELOCATION, DISPLACEMENT and ACQUISITION PLAN for the anticipated CDBG Project being applied for from the Governor’s Office of Economic Development, will replace all occupied and vacant, occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of this project, assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 570.606 (b)(1).

 

This project, which consists of the construction and implementation of a radiological treatment system for the City’s main water supply located at Well #2, will neither involve demolition nor conversion of low/moderate-income housing units as described above.  Therefore, prior to obligating or expending funds for this project, it will not be necessary for the City to make public or to submit to HUD the following:

 

C                  A description of the proposed assisted activity;

C                  The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity;

C                  A time schedule for the completion of the demolition or conversion;

C                  The general location on a map and approximately number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

C                  The source of funding and a time schedule for the provision of replacement dwelling units; and,

C                  The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least ten (10) years from the date of initial occupancy.

 

The City will not need to provide relocation assistance, as described in 570.606 (b)(2), as no activity under this project will affect low/moderate-income housing.  Consistent with the goals and objectives of activities assisted under the Act, the City will, to the extent practical and possible, refrain from participating in any assisted activity that will involve the displacement of persons from their homes.  By taking this action, it is felt by the City that it can help in minimizing the displacement of persons from their homes.

 

Dated this 4th day of March, 2009.

 

(SEAL)

 

                                                                                                  Benita R. White, Mayor

Meri Jo Anderson, Finance Officer

 

Motion by Richter second by Green to accept resolution numbers 09-03 through 09-10; the operation, maintenance, & repair statement, and the relocation, displacement, & acquisition plan.  Roll call vote.  Aye:  Green, Richter, Torrey, and Trullinger.  Nay: none.  Motion carried.

 

 

 

 

OTHER ITEMS DISCUSSED:

1.      District Meeting in Custer April 22, 2009

2.      SHIPO letter sent.

3.      Equalization March 16, 2009

4.      Election is cancelled for the City.

5.      The City got the bid on the sewer jetter.

6.      Law Enforcement written monthly report.  Officer McPherson will have an eight hour training class.

 

Being no further business the Mayor adjourned the meeting at 7:30 p.m.

 

 

 

(Seal)  Meri Jo Anderson, Finance Officer