New Underwood, South Dakota

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

Minutes December 3, 2014

                                                        MINUTES OF THE



A regular meeting of the New Underwood City Council was held at 6:00 p.m. in the Community Center on December 3, 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, Deputy McPherson, Sgt. Randy Harkins, and Dianne Trullinger. The meeting was called to order by Mayor Trullinger.



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



Moved by K. Trullinger second by Graham to approve the November 19, 2014 minutes.   Aye: all.  Motion carried. 


FINANCIAL REPORT & BILL LIST                                                                                   

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

November bills payable December 3, 2014

GENERAL FUND                                                                                                                

Salaries – Mayor – 361.75; Finance Office – 2998.94; Public Works – 4580.19;  Cleaners – 241.74; Merchant Bank (visa charges) – 44.95; First Interstate Bank (safety box rent) – 25.00; IRS (SS & FWT) – 2372.93; Wellmark (health ins) – 1228.74;  SD Retirement (Nov.) – 946.64; WREA (Service) – 1542.09;  Golden West  (Service) – 295.58; RC Landfill (dump fees) – 1634.30; Penn. Co. Highway (fuel)- 265.40; SD State Treasurer  (Sales Tax) – 322.47; NU Post (publishing) – 99.00; Keiffer Sanitation (tote dumps) – 160.00; International League of Cities, Inc. (annual dues) – 225.00; SDML (dues) – 754.59; SD Association Code Enforcement (dues) – 40.00; SD Govt. Fin. Off. Assn (dues) 70.00; SD Human Resource Assn. (dues) – 25.00; ATT (phone) – 118.04; Bj’s Store (fuel) – 538.01; BH Chemical (air fresheners) – 11.98; Stan Houston Equip (battery & bulb) – 108.49; A&B Welding (tip) – 17.96; Johnson Machine (shop supplies) – 211.29; Display Sales (Christmas Bulbs) – 83.50. TOTAL: $19323.58

WATER FUND                                                                                                                     

First National Bank (SRF payment) – 1693.16; WREA (Service) – 862.59; WRT (radium removal charge) – 1912.50; SD Rural Water (dues) – 380.00; HD Waterworks (parts) – 213.23; Omni Site (alarm) – 25.00.  TOTAL: $5086.48


WREA (service) – 72.33; Omni-Site, Inc. (alarm) – 25.00. 

TOTAL: $97.33.



The NU Boys Scouts will again be collecting food for the New Underwood Food pantry.  Please hang out your Blue Bags on December 13, 2014, these will be picked up at approximately 9 a.m., with the food being brought to the City Hall to be sorted.



Public Works has been doing repairs on well piping; WRT changing medium again, the last crew had trouble doing it correctly, an electrician also needs hired to trouble shoot electrical since the monitor is not working; Christmas lights up.


Deputy McPherson reported on thefts and exhibition driving in the city.



The Mayor reported on the the Black Hill Mayors luncheon in New Underwood on November 20, 2014. The cities of Rapid City, Deadwood, Sturgis, Hill City, Box Elder, Spearfish, Custer, Edgemont, Hermosa, Hot Springs, Keystone, Summerset, Wall, and Piedmont plus representatives from Senator Thune’, Rep. Noem’, Black Hills Council of Local Governments, and the executive director of Municipal League all attended.



Ordinance Number 14-08 received its second reading. 




Be it ordained by the New Underwood City Council that Article VII be amended to read as follows:




  1. "Dangerous animal" means any animal that, by itself or by environmental circumstances, at the determination of the board, any agent of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans. (SDCL 40-1-1)


  1. “Proper enclosure” A secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human. (SDCL 40-1-1)

(Insert the following prior to Liability for Death section)

Dangerous and potentially dangerous animals

  1. When the City receives a complaint from any citizen or employee of the City that an animal is acting in a vicious manner, law enforcement shall be notified.
  2. If it is determined that the animal is a dangerous or potentially dangerous animal it shall be removed from within the City boundaries unless the following conditions are met:

    a) Leash- No person having charge, custody, control or possession of a potentially dangerous animal shall allow the animal to exit its kennel, pen or other proper enclosure unless the animal is securely attached to a leash not more than 4 feet in length.  No such person shall permit a potentially dangerous animal to be kept on a chain , rope or other type of leash outside its kennel or pen unless a person capable of controlling the animal is in physical control of the leash.

    b) Muzzle- It is unlawful for any owner or keeper of a potentially dangerous animal to allow the animal to be outside of its proper enclosure unless it is necessary for the animal to receive veterinary care or exercise. In such cases, the animal shall wear a properly fitted muzzle to prevent it from biting humans or other animals. The muzzle shall not interfere with the animal’s breathing or vision.

    c) Confinement- Except when leashed and muzzled as provided in this section, a potentially dangerous animal shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the animal from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:

        1) The structure must have secure sides and a secure top.

        2) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than 1 foot into the ground.

        3) The structure must be of a material and closed in a manner that the animal cannot exit the enclosure on its own.

    d) Indoor Confinement- No potentially dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit the building on its own volition. In addition, no potentially dangerous animal shall be kept in a house or structure when screen windows or doors are the only obstacle preventing the animal from exiting the structure.

    e) Signs- All owners, keepers or harbors’ of potentially dangerous animals shall display in a prominent place on any entrance to their premises a sign easily readable by the public using the words “Beware of [type of animal]”.

    f) Sterilization- All potentially dangerous animals shall be permanently altered so that they are unable to reproduce. For male animals, sterilization shall mean castration.

                 g) Obedience class- The owner or keeper of a potentially dangerous animal shall, with the potentially dangerous animal, attend an obedience training course of a duration not less than 4 weeks. This must be completed within 8 weeks of the animal being deemed a potentially dangerous animal, and proof of attendance shall be submitted to the city within that time.

    h) Collar- A colorfast, fluorescent green colored vest of sufficient and standard design as to easily identify the animal as a potentially dangerous animal shall be purchased by the owner of the potentially dangerous animal. The vest shall be worn whenever the animal is outside of the owner’s house to clearly and easily identify it as a potentially dangerous animal.

    i) Notification of escape- The owner or keeper of a potentially dangerous animal shall notify the city immediately if the animal escapes from its enclosure or restraint and is at large. The immediate notification shall also be required if the animal bites or attacks a person or domestic animal or livestock.

    j) Failure to comply- It is unlawful and a Class II misdemeanor for any owner of a potentially dangerous animal to fail to comply with the requirements and conditions set forth in this section. Any animal found by the city to be in violation of this section shall be immediately seized and impounded, and if this cannot be done safely, such animal may be slain by any officer.

      C. Any owner of a potentially dangerous animal who sells or otherwise transfers ownership, custody or residence of the animal shall, within 10 business days after the change of ownership or residence, provide written notification to the city of the name, address and telephone number of the new owner. It also shall be the responsibility of the person transferring ownership or custody of the animal to provide written notification of the animal’s classification as potentially dangerous to the person receiving the animal. The previous owner shall furnish a copy of the notification to the city along with written acknowledgment by the new owner of his or her receipt of the notification. The new owner, if a New Underwood Resident, shall notify the city of any changes of ownership, custody or residence of the animal within 3 business days after receiving the required information from the previous owner.

            The person receiving an animal classified as potentially dangerous must obtain the required enclosure prior to acquisition of the animal.. The new owner shall comply fully with the provisions of this section pertaining to control and ownership of a potentially dangerous animal.

            Any animal that has been declared potentially dangerous by Pennington County or any other municipality, county or state shall be subject to the provisions of this section.



                                                                                                      Jack W. Trullinger, Mayor  


Meri Jo Anderson, Finance Officer                                                   


First reading: November 19, 2014

Second reading:  December 3, 2014

Publish date:  December 11. 2014

Effective date:  December 31, 2014


Motion by Holloway second by Buchtel to approve the second reading of Ord. #14-08.  Roll call vote.  Aye: Buchtel, Graham, Holloway, and K. Trullinger. Nay: none.  Motion carried.



SP#14-11; Teresa Derr; December 13, 2014

Moved by K. Trullinger second by Buchtel to approve this permit.  Aye: all.  Motion carried.



Motion by Graham second by Buchtel to combine the 2015 election with the school and to appoint Tara Richter, Jim McKee, and Kay McKee to the 2015 election board.  Aye: all.  Motion carried.



  1. The Mayor will have a resolution of support at the next meeting for a bill to be introduced this session on adding an additional penny of sales tax for specific infrastructure improvements.

  2. All of the Council will attend Municipal Day at the Legislature February 3 & 4, 2014.

  1. The 2015 Insurance proposal was tabled.
  2. .


Being no further business Mayor Trullinger adjourned the meeting at 6:30 p.m.




(Seal)  Meri Jo Anderson, Finance Officer