Ordinance No. 93-40

AN ORDINANCE REGULATING ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLES

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOONSOCKET, SOUTH DAKOTA:

Section 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein:

(a) CITY is the City of Woonsocket.

(b) VEHICLE: Any vehicle which is designed to travel along the ground or in the water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, pull trailers, go-carts, golf carts, boats, campers and trailers.

(c) INOPERABLE VEHICLE: Any vehicle, as defined by subsection (b) herein, which is not in operating condition due to damage, removal or inoperability of one or more tires and wheels, the engine or other essential parts required for the operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate or which constitutes an immediate health, safety, fire or traffic hazard.

(d) ABANDONED VEHICLE: Any vehicle, as defined by subsection (b) herein, which is left unattended or stored on any public property as defined in subsection (g) herein, in the same or substantially same place within the City for a longer period than seventy-two (72) hours.

(e) PERSON shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

(f) PRIVATE PROPERTY shall mean any real property within the City, which is privately owned, and which is not public property as defined in this section.

(g) PUBLIC PROPERTY shall mean any street, alley or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

(h) REMOVAL AGENCY: Any public body, private or non-profit organization authorized by the City to remove and salvage abandoned or inoperable vehicles.

Section 2. STORING, PARKING OR LEAVING DISMANTLED, INOPERABLE OR ABANDONED VEHICLES DECLARED NUISANCE. The presence of an abandoned, discarded, wrecked, burned, dismantled, inoperable, junked or partially dismantled vehicle or parts thereof on private or public property is hereby declared a public nuisance, which may be abated as such in accordance with the provisions of this Ordinance. It is unlawful to keep or place any of the above described vehicles or vehicle parts:

(1) Upon public streets or property except on an emergency basis; or

(2) Upon the private property of any person owning, in charge of, or in control of any real property within the City whether as an owner, tenant, occupant, lessee or otherwise for longer than fourteen (14) days unless it is within a carport, fully enclosed building or structure. A tarpaulin, tent or other similar temporary structure shall not be deemed to satisfy the requirements of this section. 

(3) In no event shall an inoperable vehicle that constitutes an imminent health, safety or fire hazard be kept or located on any premises.

Section 3. EXCEPTIONS. This Ordinance shall not apply to:

(1) One inoperable vehicle kept on private property without being shielded from public view if licensed and kept on a private driveway. In the event this inoperable vehicle is in a state of externally visible disrepair or disassembly, it shall not be kept on the private driveway longer than fourteen (14) days.

(2) Filling stations, automobile repair shops or any other motor vehicle related businesses in compliance with applicable City ordinances may place inoperable vehicles being repaired or offered for sale on the premises.

(3) Junkyards operated and maintained in compliance with applicable City ordinances.

Section 4. REMOVAL. Whenever the Mayor or any member of the City Council finds an abandoned or inoperable vehicle on public property within the City, they are authorized, either individually or through the Sanborn County Sheriff’s Office, to place written notice on the vehicle that it will be removed to a garage or place of safety unless the owner removes the vehicle from public property within twenty-four (24) hours of the giving of the notice. After the expiration of the twenty-four (24) hour period, the vehicle may be removed by a removal agency to a garage or place of safety. Nothing in this section precludes the City of immediately removing a vehicle that constitutes an imminent health, safety or fire hazard.

Section 5. DISPOSITION OF UNCLAIMED VEHICLES. The removal agency shall have the rights and obligations conferred upon it by SDCL Chapter 32-36 in regard to obtaining a title for or disposition of such unclaimed vehicle, except that, if not otherwise provided by state law, it shall have a possessory lien upon any vehicle removed under provisions of this Ordinance for the costs or reasonable charges in taking custody of and storing such vehicles.

Section 6. DUTY OF PRIVATE PROPERTY OWNERS. No person owning, in charge of, or in control of, any real property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any abandoned or inoperable vehicle of any kind to remain on such property longer than fourteen (14) days.

Section 7. NOTICE TO REMOVE. A notice in writing shall be served by the City upon any person having an abandoned or inoperable vehicle on their property, requesting the removal of such motor vehicle in the time specified in this Ordinance.

Section 8. RESPONSIBILITY FOR REMOVAL. Upon proper notice, the owner of the abandoned or inoperable vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal.

Section 9. NOTICE PROCEDURE. The City shall give notice of removal to the owner or occupant of the private property where it is located. It shall constitute sufficient notice when a copy of the same is sent by registered or certified mail to the owner or occupant of the private property at his last known address.

Section 10. CONTENT OF NOTICE. The notice shall contain the request for removal within fourteen (14) days after the mailing of such notice, and the notice shall advise that failure to comply with the notice to remove shall be a violation of this Ordinance.

Section 11. NONCOMPLIANCE DEEMED MISDEMEANOR. If any person who is served a written notice to abate a nuisance under the provisions of this Ordinance shall fail to do so within the time allowed in such notice, he shall be deemed guilty of a misdemeanor, punishable by a fine of not to exceed Two Hundred Dollars ($200) or by imprisonment for a period of time not exceeding thirty (30) days, or both such fine and imprisonment.

Sanborn County Commissioners met in regular session on Tuesday, August 21, 2018, at 9:00 a.m. with Chairman Ebersdorfer presiding. Other members present were: Ohlrogge, Blindauer, P. Larson, and S. Larson. Also present was Auditor Larson. Motion by S. Larson, seconded by Ohlrogge, to approve the minutes as presented. All ayes. Motion carried. 

HIGHWAY

Lee Goergen, Highway Superintendent/Weed Supervisor and Sheri Kogel, Administrative Assistant, reported that the Twin Lake Road resurfacing is finished.  Motion by P. Larson, second by Blindauer, to declare 1994 Ford F-250, 1989 International S1600, and a Homemade 500 gallon weed sprayer surplus. The items will be sold on online auctioning. All ayes. Motion carried.   

VACATION TIME

Much discussion was held on vacation time not used. Motion by P. Larson, second Blindauer, to allow an employee to carry over two days’ vacation to be used the next year. If not used, it will be forfeited. The employee will no longer be paid for unused vacation. All ayes. Motion carried.

10:00 A.M. EXECUTIVE SESSION

Motion by Blindauer, seconded by S.  Larson, to enter executive session. All ayes. Motion carried. At 10:20 a.m., Ebersdorfer declared an end to executive session.

ELECTRONIC FILING

Lynn Brueske, Register of Deeds, reported to the board about electronic filing in her office.  Tentative date for this to begin is September 12, 2018.

LEGISLATIVE AUDIT

Terry Zell, Legislative Auditor, gave a report on the 2016-2017 audit. No material deficiencies were found.  

REGIONAL DEVELOPMENT

David Lambert, Director of Regional Development, met with the board to discuss ways to encourage development in the county. 

FIVE-YEAR PLAN

A county wide meeting was held to explain the Sanborn County Five-Year County Highway and Bridge Improvement Plan. Public comments were taken.    

BILLS

Motion by Ohlrogge, seconded by S. Larson, to pay the following bills. All ayes. Motion carried.

South Dakota Association of County Officials, Mod and Preservation $98.00

State Treasurer, Monthly Remittance $65,384.44

Office of Child Support, Wage Garnish $240.00

First National Bank, Tax Liability $2,376.75

Towns, Townships, Schools, James River Water, and T&C, Monthly Distribution $56,343.22

A-Ox Welding Supply Co. Inc., Oxygen Cylinders $19.15

Axon Enterprise Inc., Batteries $312.96

Brooks Oil Company, Fuel $2,237.44

Butler Machinery Co., Supplies $477.78

Churchill, Manolis, Freeman, Court Appointed Attorney $116.40

Commercial Asphalt, Forestburg Street $13,880.16

Connecting Point, Server/Computer $1,607.00

D&L Repair, Repairs $180.00

Dawson Construction Inc., Garbage $235.60

Dennis Moody Trucking, Trucking $10,836.00

Express 2, Fuel $109.51

Karl’s, Repair AC $85.00

KO’S, Supplies $243.66

L-Tron Corporation, Roll Paper $195.00

Michael Johnson Construction, Gravel $5,800.50

Mobile Binders, Supplies $383.05

Mobile Demand, Supplies $261.13

Stephanie Moen & Associates, Grand Jury Transcript $97.50

Mumford & Protsch, Court Appointed Attorney $425.80

NorthWestern Energy, Electricity $52.32

Office Peeps, Supplies $80.21

Physicians Claim Company, Ambulance Billing $197.61

Pharm Chem Inc., Analysis $85.65

Police Magazine, Renewal $25.00

Sherryl Rankin, Travel/Tote $95.24

Sanborn County Treasurer, Title $20.00

Santel Communications, Server $1,812.00

South Dakota Crime Victims, Funeral Restitution $8.12

South Dakota Association of County Officials, Registration $740.00

South Dakota Public Assurance Alliance, Insurance $45,916.80

The Lodge at Deadwood, Travel $57.00

Aerie Construction, Repair Floor $316.14

Wheelco Truck & Trailer Parts, Supplies $71.66

Woonsocket City, Water/Sewer $76.48

There being no further business, motion by P. Larson, seconded by S. Larson, to adjourn the meeting.  All ayes. Motion carried. The next regularly scheduled meeting is Tuesday, September 4, 2018.

Diane Larson

Sanborn County Auditor

Jeff Ebersdorfer

Chairman of the Board, 

Sanborn County

The School Board of Sanborn Central School District 55-5 met in regular session on Monday, August 13, 2018, at 5:00 p.m. in the Sanborn Central Conference room with the following present: Adams, Dean, Enfield, Schmit, and Spelbring. Others present Supt. Siemsen; Elementary/Middle School Principal Vermeulen, and Business Manager Bechen. 

Pledge of Allegiance.

Motion by Adams, seconded by Enfield, all aye, to approve the agenda as amended. Add Item J. 12 – 2018/2019 Approve signatures for checking accounts held by Sanborn Central School Dist. 55-5; move Adjournment K. 12 to 13 – 2018/2019. 

Motion by Schmit, seconded by Adams, all aye, to approve the minutes of the regular board meeting July 9, 2018 as corrected: Superintendent Siemsen is going to pole area schools; should read, poll area schools.

Visitors to Board Meeting: None.

Motion by Enfield, seconded by Schmit, all aye, to approve the Financial Statement and bills. 

General Fund balance, July 1, 2018: $384,135.30. Receipts: taxes $6,525.45, penalties/interest $154.16, interest $88.07, other local income $403.90, state fines $1,344.63, state aid $61,059.00, admission $25.06, gross rec – elect $35,165.45, wetland tax $80.22.  Expenditures: $136,688.51. Balance, July 31, 2018: $352,292.73. CorTrust Savings balance, July 1, 2018: $50,207.26. Receipts: interest $0.00. Expenditures: $0.00.  Balance, July 31, 2018: $50,207.26. 

Capital Outlay Fund balance, July 1, 2018: $961,198.30. Receipts: taxes $3,249.94, penalties/interest $59.96, interest $245.86.  Expenditures: $6,611.26. Balance, July 31, 2018: $958,142.80.

Special Education Fund balance, July 1, 2018: $119,239.64. Receipts: taxes $534.81, penalties/interest $7.69, interest $25.68. Expenditures: $19,618.06. Balance, July 31, 2018: $100,189.76.  

Pension Fund balance, July 1, 2018: $418.20. Receipts: taxes $1.04, penalties/interest $0.30. Expenditures: $0.00. Balance, July 31, 2018: $419.54.

Food Service Fund balance, July 1, 2018: $4,771.14. Receipts: student meals $500.00, certification $84.00, federal reimbursement $2,769.66. Expenditures: $7,088.29. Balance, July 31, 2018: $1,036.51.

Enterprise Fund balance, July 1, 2018: 30,582.58. Receipts: interest $7.34. Expenditures: $3,623.31. Balance, July 31, 2018: $26,966.61.

Scholarship Fund balance, July 1, 2018: $13,188.14. Receipts: interest $1.19, contributions $0.00. Expenditures: $0.00. Balance, July 31, 2018: $13,189.33. Peters Scholarship balance: $12,689.33; Nelson Scholarship balance: $500.00.

Trust and Agency Funds balance, July 1, 2018: $54,033.91. Receipts: $5,375.89. Expenditures: $11,225.84. Balance, July 31, 2018: $48,183.96.

Salaries and benefits for the month of August, 2018 were as follows: 

General Fund: $115,212.06; 

Special Education: $14,374.27; 

Food Service: $6,279.70;

Enterprise: $3,623.36.

Claims approved: GENERAL FUND – A-Ox Welding, cylinder rent $31.45; American Educational Products LLC, middle school science supply $80.65; Automatic Building Controls, annual monitor fire system $240.00, annual ck fire alarm system $412.00, batteries $162.00; Gayle Bechen, reimburse mileage/meals $150.52; Bio Corporation, high school science supply $285.60; Carquest, bus supply $40.76; Cengage Learning, colony workbooks $68.75; Central Electric, July Electric $1,961.90, mini split compressor $301.90; Clayton’s Repair, tires/install $3,118.04, bus repairs $238.00; Cortrust, air cards $120.03; Daily Republic, renew paper $120.00; Dakota Two Way, bus radio antenna/microphone $205.50; Days Inn – Pierre, room $144.00; Demco, library supply $145.99; Eric Armin Inc., colony supply $123.09; FC Organizational Products, superintendent supply $61.51; First National Insurance, insurance coverage $20,974.00; Flinn Scientific, middle school science supply $110.80; Graves It Solutions, HP switch $299.00, install server $1,200.00; Harlow’s Bus Sales, bus supply $130.99; High Point Networks, software license $147.00; Houghton Mifflin Harcourt, colony workbooks $506.83, elementary workbooks $452.65; Huron Plainsman, paper renewal $143.98; Josten’s, 2018 final payment $1,208.86; Kurt’s repair, tractor repairs $425.98; Lakeshore, colony supply $172.39, Kindergarten supply $515.17; McLeods, business office supply $111.32; Menards, janitor supply $192.71, high school supply $59.99; Menno School District, Mitchell Area Superintendent Association dues $60.00; Mid-Dakota Technologies, July tech support $140.00; Midwest Fire & Safety, annual maintenance/recertification fire ext. $472.30; Tracy Moody, reimburse concussion class $35.00; Pearson Education, colony workbooks $230.48, elementary workbooks $150.78; Petty Cash, postage $40.90; Pro Clean Plus, carpet cleaning $1,159.00; Jessica Ronning, reimburse gas/meals $63.36; Runnings, janitor supply $81.26; Sanborn Weekly Journal, budget $195.50, board proceedings $230.59; Santel Communications, phone $193.53; School Specialty, library supply $45.69, middle school supply $105.30, elementary supply $852.83, high school supply $53.56, elementary/middle school principal supply $35.10; South Dakota Teacher Placement Center, 2018-19 membership $315.00; South Dakota Association for Career and Technical Education, conference registration – Ronning $537.00; Sherwin Williams, paint $330.43; Justin Siemsen, reimburse gas/fingerprint $68.25; Teacher Innovations, planbook.com $297.00; Training Room, sports supply $57.44; United States Postal Service, stamped envelopes $1,206.75; Voyager Sopris Learning, elementary supply $154.94; Walmart, janitor supply $8.97, ag supply $8.97; Wheelco, bus supply $422.51; Steve Whitney, inspect buses $450.00; Williams Musical & Office Equipment, repair instruments $222.40. 

CAPITAL OUTLAY Fund — A&B Business, copier rent $866.41; ABDO, library books $744.30; Apptegy, ADM software $3,490.00; Demco, library rug – boosters $623.94; Golden West Technologies, server $5,099.00; Green Eggs and Ram, high school projector $2,294.79; Houghton-Mifflin Harcourt, colony science series $2,316.65;

[IMPREST: Hanson Construction, crows nest material $3,200.00];

Lakeshore, elementary tables/cabinets $795.15; Menards, library desk material $258.91; Paul Berg Construction, concrete concessions/bleachers $19,037.40; Riverside Technologies, 30 chromebooks elementary $8,610.00; Voorhees Plumbing, concessions rough-in $3,061.23; Walmart, elementary chairs $110.00; Woodwind Brasswind, music stands $495.00; Worthington Direct, high school science tables $3,334.09.  

SPECIAL EDUCATION Fund – Behavior Care Specialists, June tuition services $3,122.17 (check not received in July), July tuition services $3,260.83; July 2018 mileage, $210.00;

[IMPREST: CorTrust, sped supply $43.75];

Lakeshore, speech supply $189.99; South Dakota Teacher Placement Center, 2018-19 membership $105.00; Super Duper Publications, speech supply $204.80.

FOOD SERVICE Fund – Laura Conrad, meal reimbursement $53.50; Darrington Water, SS tank $8.00; Days Inn, training room $144.00; Menards, supply $31.39; Ramkota Inn, summer conference room $275.97. 

ENTERPRISE Fund – Lakeshore, PS supply $412.40; Woonsocket School, drivers ed instruction – shared $3,698.34.

Mr. Siemsen reported on the following:

•First day of school is August 15th, with a 12:30 p.m. dismissal;

•Individual pictures August 17th;

•All summer work on the building has been completed. A Big “Thank You” goes out to Mark, Rita, Vicki, and Corey for assisting;

•Attended annual Superintendent’s conference;

•SIVN in-service to be held August 14th in Wagner with a speaker and grade-level round table discussions;

•Football (Aug. 6th) and Volleyball (Aug. 9th) practices underway;

•Gym air conditioner works well, should make activities more enjoyable for athletes and spectators;

•Football Field improvements are moving forward; 

•Library and Middle School computer lab work is nearing completion. The desk, for Mrs. Enfield, for book returns and scanning into the computer is almost complete; 

•Thank you to Jenna Miller for painting and the Sanborn Central Booster Club for funding the murals in the gym. They are well done!;

•Working with DOT on a study to determine the need for a speed sign in Forestburg.   

Discussion Items:

•2018 taxes payable in 2019; 

•Contracting propane and fuel for the year;

•Thoughts from the Joint SD/Admin Conference.

Old Business: Motion by Enfield, seconded by Spelbring, all aye, to approve 2018/2019 Parent-Student Handbook with the following change: There will no longer be a weighted scale used for high school grades. (The South Dakota Department of Education does not require nor request weighted grades for scholarships.)

New Business: Motion by Schmit, seconded by Adams, all aye, to approve required signatures for checking accounts held by Sanborn Central School District 55-5. Checking account xxxxxx2066 – Clayton Dean, Board chair and Gayle Bechen, Business Manager; checking account xxxxxx2074 – Justin Siemsen, Superintendent and Gayle Bechen, Business Manager  

Regular Board meeting will be held on Monday, September 10, 2018, at 7:00 p.m. in the Sanborn Central School Conference Room. 

Motion by Schmit, seconded by Adams, all aye, to adjourn the meeting at 5:52 p.m.

Gayle BechenBusiness Manager

Clayton Dean

Board Chair