New Underwood, South Dakota

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

Minutes October 15, 2014




A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on October 15, 2014.  Present were: Mayor Jack Trullinger, Council member’s: Rikka Buchtel, Larry Graham, Laurie Holloway, and Kathy Trullinger. Also present: Finance Officer Meri Jo Anderson, Dir. of Public Works John Bale, Casey & Heather & Henry Monson, Tony Ascrizzi, and Dianne Trullinger. Arriving later was Rod Crosbie. The meeting was called to order by Mayor Trullinger.



Motion by Buchtel second by K. Trullinger to approve the agenda.  Aye: all. Motion carried.



Moved by K. Trullinger second by L. Holloway to approve the October 1, 2014 minutes as presented with the following correction: Graham abstained on BP#14-23.   Aye: all.  Motion carried. 



Deputy McPherson presented his written monthly report.  Sargent Randy Harkins will be the new Sargent for the contract deputies.



Tom Birney, Natural Hazard Specialist with FEMA Region VIII, conducted a Community Assistance Visit on September 15, 2014 with City Staff to evaluate the city’s eligibility for continued participation in the NFIP.  FEMA stated that the City of New Underwood has a clean standing, since the NU files, permits & management procedures align well with the requirements of the NFIP program.



Casey & Heather Munson appealed the 10 day abatement the city sent on removing their dog from the City limits, due to reports that the dog was vicious. They attended the meeting bringing the dog with them.  They explained that they had put in an electric fence and have a kennel now.  They also presented letters from two trainers stating this dog is not aggressive. They also have the animal in behavior training. They stated they would do whatever the Council required of them to keep their dog.  The Council again stated they have to protect the city as a whole, and that the ordinance does not allow them to deviate from the course with other corrective measures.  It was moved by Buchtel second by Graham to deny this appeal and have the dog removed from city limits by October 24, 2014. The Council revisited the issue later in the meeting.    













Supplemental Budget Ordinance Number 14-06 received its second reading.





BE IT ORDAINED by the New Underwood City Council that the following amounts be appropriated to the 2014 budget to meet the obligations of the municipality: 602/432.56/436 (lagoon lining) – $15,000.00.  Means of finance: 2nd penny.



                                                                                    Jack W. Trullinger, Mayor




Meri Jo Anderson, Finance Officer


First reading:  October 1, 2014

Second reading:  October 15, 2014

Publish Date:  October 23, 2014

Effective Date:  November 12, 2014


Motion by Buchtel second by Holloway to approve the second reading of Ordinance Number 14-06.  Roll call vote: Aye: Buchtel, Graham, Holloway, and K. Trullinger.  Motion carried.



Ordinance Number 14-07 received its second reading.




 Board Conduct and Obligations

(replaces Ord. # 88-5)


BE IT ORDAINDED by the New Underwood City Council that:


All Mayors, Councilors, and Board Members, whether elected or appointed, have a responsibility to at all times conduct themselves in a manner befitting the position.  Each Board Member must remember that their first priority is to act in the best interest of the City of New Underwood and to not let personal prejudice, history or bias effect decisions made as a City Councilor.




 (a) This Code of Conduct is a public declaration of the principles of good conduct and standards of behavior that Elected and Appointed Members of the City of New Underwood are committed to demonstrate in the performance of their responsibilities as community representatives

(b) The principles and standards in the Code of Conduct are in addition to the requirements of any other relevant Regulation/s.




  1. Councilors and Board Members will seek to achieve a team approach when dealing with staff of the Board and they will seek to achieve an environment of mutual respect and trust. They shall establish a working relationship with fellow Members that recognizes and respects the diversity of opinion and seeks to achieve the best possible outcomes for the community.

  2. Councilors and Board members will treat City Staff with respect and tolerance of their different roles in achieving the Board Objectives. They will ensure that their behaviors are not and cannot be interpreted to constitute bullying and/or harassment.

  3. In all things Councilors and Board Members must act with honesty and integrity and conduct themselves in a way that generates community trust and confidence in them as individuals, and which enhances the role and image of the Board and local Government generally.

  4. Councilors and Board Members will be fair, reasonable, just, non-discriminatory and honest in their dealings with individuals and organizations and behave in a manner that facilitates constructive communication between the Board and the community.

  5. Councilors and Board Members will not make improper use of information acquired or make improper use of their position as a Member of the Board.

  6. Councilors and Board Members are expected to show commitment by completing the specified training courses, and updating as needed. Councilors and Board members will discharge their duties conscientiously and to the best of their abilities, in a fair, honest and respectable manner according to the law.

  7. Information provided to or obtained by a Councilor or Board Member in the course of his or her duties is to be respected for its confidentiality and used in a careful and prudent manner consistent with the nature of that information.

  8. Councilors and Board Members must have due regard to the laws dealing with conflict of interest in relation to all their duties and behaviors and exercise the highest level of integrity expected of people holding public office.


    Harassment is unlawful. It is usually based on a real or perceived difference such as race, sex or disability. It may lead to the person who is being harassed feeling offended, humiliated intimidated or being disadvantaged. Harassment consists of unwelcome, offensive, abusive, belittling or threatening behavior directed at another person.

    Bullyingis a form of harassment and is not acceptable. Bullying results from treating another person in a less favorable way by intimidatory, offensive, degrading or humiliating behavior. Bullying may be an offence under the Occupational Health Safety and Welfare Act (1986) and may result in serious penalties.



  1. Meetings are to be conducted in accordance with Robert’s Rules of Order. Although our city is small and informal, order must be maintained to ensure all actions will be supported by law. Outbursts, inflammatory comments, and personal attacks will not be tolerated by anyone in attendance at any meeting.
  2. Meetings shall begin promptly at the specified hour.
  3. Many actions taken by a governing body require not just a majority vote of the quorum but a majority vote of all the elected officials. Not having the appropriate number of Councilors in attendance at any meeting effects the efficient functioning of the entire community.
  4. Any Board member or Councilors shall be paid every two months.
  5. Councilors and Board members shall complete W-4 and I-9 forms prior to receiving the first paycheck.
  6. Committee appointments ensure all areas of the City’s business receive proper attention. It is the appointee’s responsibility to be knowledgeable of the happenings of and fulfill their obligations to their respective committees and to report applicable information at meetings.
  7. Packets containing information to be discussed at the next scheduled meeting will be available by 5pm the Monday before each meeting. These packets will be available for pick up at any time in the drop-box, or from the Finance Officer during regular business hours.       This allows each Councilor sufficient time to review the information and investigate any questions or concerns before the meeting thus allowing meetings to progress smoothly, efficiently, and quickly.
  8. No person (Councilor, Board Member, Employee, Citizen, or Committee member) may, at any time, enter City property or conduct City business under the influence of drugs or alcohol.



Councilors and Members of Board are accountable to the Board and the community for compliance with this Code of Conduct.


  • A complaint alleging a breach of the Code of Conduct, must be made in writing by any person and, subject to clauses of this Code, must be investigated by the Board of Councilors.  

  • The complaint must identify the provision(s) of the Code which it alleges have been breached and provide all evidence available to support the allegation.


                                                                                                                           Jack W. Trullinger, Mayor



    Meri Jo Anderson, Finance Officer


    First reading: October 1, 2014

    Second reading: October 15, 2014

    Publish Date: October 23, 2014

    Effective Date: November 12, 2014


    Motion by K. Trullinger second by Graham to approve the second reading of Ordinance 14-07 adopting the Council Code of Conduct to replace the Code of Conduct from 1988. Roll call vote: Aye: Buchtel, Graham, Holloway, and K. Trullinger. Motion carried.



    Mayor Trullinger, Councilors Graham and K. Trullinger, and the Finance Officer reported on the seminars and policy meetings they attended. Graham was on Public Health and Safety Policy Committee and reported on it. Mayor Trullinger was on Public Works and explained some of their policy changes, and the Finance Officer was on Tax and Revenue Committee and reported on new legislation they are pushing for. The Mayor and Finance Officer were both on the Resolutions Committee that discussed all four policy committee recommendations and passed them. Meri Jo is also on the SDML Executive Board and she reported on the Board meeting.



    Rod Crosbie addressed the Council about the sewer line in the alley between “D” & “C” Ave. He felt if lots are left vacant the main backs up and fills their service lines. This the first time this problem has ever been brought before the Council and there are no documented incidents of this ever happening before. The Mayor presented the paperwork from the original installation of this sewer main from 1991, wherein the original cost and installation was a joint effort between, Albert Crosbie, Guy Armstrong, and the City in this property development. The Mayor recommended the City add this section of sewer main to the annual sewer jetting schedule. Mr. Crosbie then requested the city reimburse them for the cost to unplug their service lines when they plug up. Since City Ordinance does not allow the city to pay for any costs associated with service lines the Council denied this request.



    The quote from the SDML Health Pool was $5280.00 higher annually than our current plan. Motion by Buchtel second by Graham to authorize the Finance Officer’s signature on the addendum and contract renewal with Wellmark Blue Cross of South Dakota for 2015. Aye: all. Motion carried.



    Support of Guard & Reserves was discussed, whereupon Resolution Number 14-04 was introduced.





    WHEREAS the City of New Underwood recognizes the Guard and Reserve are essential to the strength of our nation and the well-being of our communities, and


    WHEREAS in the highest American Tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society, and


    WHEREAS if these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security, and


    NOW, THEREFORE, BE IT RESOLVED by the City of New Underwood Common Council that we join other employers in pledging that:

  • We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA).
  • We will provide our department heads and supervisors with the tools they need to effectively manage those employees who serve in the Guard and Reserve.
  • We appreciate the values, leadership and unique skills Service members bring to the workforce and will encourage opportunities to employ Guardsmen, Reservists, and Veterans.
  • We will continually recognize and support our country’s Service members and their families in peace, in crisis, and in war.


Dated October 15th, 2014



                                                                                 Jack W. Trullinger, Mayor

Meri Jo Anderson, Finance Officer


Motion by Graham second by K. Trullinger to approve Resolution 14-05.  Roll call vote: Aye: Buchtel, Graham, Holloway, and K. Trullinger.  Motion carried.



Motion by Buchtel second by Holloway to go into executive session at 7:25 p.m. as per SDCL 1-25-2(3).  Aye: all.  Motion carried.

The Mayor adjourned the executive session at 7:52 p.m. and reconvened to regular session.







After discussion again about the dog appeal Councilor Buchtel amended her motion on the abatement appeal to turn the matter over to the Pennington County Sheriff’s Department and the Human Society and withdraw our abatement process by city ordinance and go with following the law as prescribed by SDCL 40-1-23 procedures. Graham seconded this amended motion. Roll call vote. Aye: Buchtel, Graham, Holloway, and K. Trullinger.  Nay: none.  Motion carried.

Deputy McPherson than explained to the Monson’s the protocol that would now be in place and followed for a potentially dangerous dog. This amended motion satisfied all parties involved and upheld the Council’s oath to obey all laws.

The Finance Officer will draft an amendment to the nuisance ordinance that deals with procedures to follow on potentially dangerous animals.



  1. The finance officer presented the governmental funds sheets to date.

  2. WRT will be here on the 20th to replace the median that takes the radium out of the water.

  1. The park equipment is finished and the kids may now play on the newly installed playground equipment.
  2. Mr. Bale still is awaiting on a call from First Rate Excavate Inc. to crush the concrete at the dump.
  3. Public Works is currently sewer jetting mains.


Being no further business Mayor Trullinger adjourned the meeting at 8:00 p.m.


(Seal)  Meri Jo Anderson, Finance Officer