Proceedings_Cit of Hot Springs March 16, 2021


Unofficial Minutes of the Regular Meeting of the City Council
of the City of Hot Springs
March 16, 2021
A regular, rescheduled due to inclement weather, meeting of the City Council of the City of Hot Springs, South Dakota, was convened on March 16, 2021 at 7:00 p.m. at the Mueller Civic Center with Mayor Bob Nelson presiding
Members Present: David Burris, Wes Grimes, JR Huddleston, Debra Johnston (by phone) left meeting at 9:47 p.m., Bill Lukens, Larry Pratt, Craig Romey and Caitlin Turner
Staff Present: City Administrator John Gregory, Finance Officer Misty Summers-Walton, MCC Staff Karl Bochert, Recreation Director Kathy Hren, EPMS Facility Director Kris Hanson and City Attorney Garland Goff
All actions recorded in these minutes were by roll call vote and were unanimous unless otherwise stated.
Agenda: Mayor Nelson requested to move executive session to before personnel and add personnel to the topics. Moved by Huddleston, seconded by Lukens, to approve the amended agenda
Minutes: Moved by Burris, seconded by Pratt, to approve the minutes from the 3/1/21 regular council meeting
Claims: Moved by Turner, seconded by Lukens, to approve the bills in between of $187,857.65
Bills In Between: Mar 15, 2021: City of Hot Springs, $25,071.79, General Payroll; City of Hot Springs, $5,581.23, Golf Payroll; City of Hot Springs, $8,828.79, Water Payroll; City of Hot Springs, $7,377.15, Sewer Payroll; City of Hot Springs, $10,201.85, Evans Plunge Payroll; City of Hot Springs, $15,582.07, Payroll Deductions; City of Hot Springs, $1,312.77, Employee Leave Payout; City of Hot Springs, $411.35, Employee Leave Payout Deduction; City of Hot Springs, $19.40, Payroll Deduction Tax 3rd Qtr 2020; Wellmark BC/BS, $33,590.78, Premium; Dearborn National Life, $130.70, Premium; SDRS, $17,563.36, Retirement Reporting; SDRS Supplemental, $220.00, Happe, Wainman, Summers-Walton Retirement Reporting; Chamer of Commerce, $3,684.94, 80% LLD; Black Hills Energy, $5,144.11, Utilities; Fall River Sanitation, $13,740.12, 2020 Garbage Payments Collected; Sander Sanitation, $511.38, Payments Collected; Gregory & Belinda Frohman, $32,500.49, Purchase; Back Settlement/Cold Springs Addition; SD Dept of Revenue, $3,041.25, Sales Tax Reporting; Verizon Wireless, $523.02, Monthly Charges; Golden West, $1,768.99, Monthly Charges; ETS, $34.00, Golf Course Monthly Credit Card Processing Fee; Heartland Payment Systems, $505.89, Evans Plunge Monthly Credit Card Processing Fee; Heartland Payment Systems, $398.00, City/Water Monthly Credit Card Processing Fee; SER LLC, $101.25, Water Deposit Refund; Custer-Fall River Regional Waste Mgt, $12.97, Solid Waste Landfill Fees; Total:  $187,857.65
Moved by Burris, seconded by Pratt, to approve the current claims of $79,482.95-Grimes abstained
Current Claims: Mar 15, 2021: Ace Hardware: $525.44, air plug hose, coupler, elbow, 2 adapters; cm air hammer; cm impact hammer (return cm air hammer); tarp; Screws; Paint, thinner; Paint, rollers; Wood screws; 3 8pk velcro strips; couple hose, filr wd int, paint thinner; Plier pump/groove; Ant/roach killer; coarse4 brush wheel; paint, rollers; 4 ace stains, flush lever, stainless steel cleaner; slab concrete seal, spray paint; torch recip blade; Rubber undercoating, drill scr; Knife blades, hobby knife, valve seal, flush valve seal; Paint, undercoating rubber, spray paint; Caulk, paint brushes, 2 keys; L-shape bottom, fasteners; Pvc pipe, garbage connectors, drain connectors, tees, bushings, elbows; Washers, inserts; Rubber leg tips, wood screws, corner brace, door seal cinch, fastener; Dawn soap. Alsco: $88.10, Rags, urinal mats, mops. Amerigas: $2,585.75, 70 gal at $1.11; 200 gal at $1.11; 400 gal at $1.11; 366 gal at $1.11; 1293.5 gal at $1.11. Banyon Data Systems: $485.00, 1/3 share POS software support; 1/3 share POS software support; 1/3 share POS software support. Best Western Plus Ramkota: $269.97, Happe - 3 night lodging Turfgrass Seminar/Trade Show Sioux Falls. Bierschbach Equipment & Supply: $53.50, Knucklehead bracket. Black Hills Council Of Local: $1,930.00, COHS 2021 memebership dues. Bomgaars Supply: $650.46, Hydro hoses, connectors; Nipple, tee, adapters, ball valves, hose; Electric valve, elbows, nipples,adapters,relief valve, chainsaw chain; Detergent; 2 wire brushes, wire wheel; Adapters, nipples, elbow, gauge, bushings; Toggle switch. Builders Firstsource: $1,117.59, 80 tin siding (soccer shed); filler strip, chalk,bit; filler strip; 5 verabond thinset, lumber, furring strips, over/undercharge hardwr, 4 hinges; 6 - 15/32” 4x8 cdx rtd trtd; tin screws. Century Business Products: Feb printer contract - $549.55, Copier staples. Chamber Of Commerce: $2,285.70, 80 percent LLD municipal tax dist 2/20-2/28/21. Core & Main Lp: $1,521.13, Water meter, 2” meter flange. Vamc: $603.25, CWT worker 35.5 hr at $9.50 hr; CWT worker 12 hr at $9.50 hr; CWT worker 16 hr at $9.50 hr. Edgemont School: $90.00, Yearbook ad 2021. Fall River Auto: $166.91, fuel cap (s22); flywheel, cluth (s26); 6 plugs (s26); Lube, oil filter (s8). F. R. County Auditor: Feb 2021 hwy fuel usage - $1,415.14, Feb 2021 hwy fuel usage. Fall River County Herald Star: $740.09, Notice to bidders - MCC vending machine services; Feb 1 proceedings; City Rec instructors/asst instr classified ads; Notice of vacancy elective officers; Notice to bidders lease of liquor license; Feb 16 proceedings; Business directory ad (2) monthly. Garland Lee Goff: $6,064.20, Feb 2021 legal services, mileage, 323 copies. Gov Office: $3,867.00, Website design through Feb 2022. Grainger: $456.38, Solid state relay; Magnetic contractor; Vacuum gauge; Magnetic contractor; Circuit breaker. Happe Jason: $35.39, Meal reimbursement travel Sioux Falls 2/28-3/3 Turfgrass Seminar/Trade show. Herrmann Global Inc: $5,400.00, Branded itinerary & paid social / Visit USA Parks. Hills Toilet Service: $25.00, Feb 2021 port-a-pot rental. John Davis: $6,844.50, Install 780 sq ft tile. Klj Engineering Llc: $3,342.24, Preliminary & design svc 6-unit T-hangars, period ending 2/6/21, AIP 3-46-002-013-2020. Lighting Maintenance,Contracts: $530.88, Monthly lighting maint svc. M.G. Oil Company: $4,276.20, Share bulk oil; Share bulk oil; Gas, Diesel; Gas, Diesel; Gas, Diesel; Gas, Diesel; Gas, Diesel; Gas, Diesel; Gas, Diesel. Masek Golf Car Company: $23,700.00, 6 - 2017 golf carts w/ tops. Midcontinent Testing Laborator: $80.00, Feb water testing. Nelsons Oil & Gas: 1000 gal at $2 gal - $2,035.00, 2 20# bottle fill. Pacific Steel & Recycling: 20’ steel strap - $164.46, 6 - 5/8” sch40 x 21’ blk pe a53 1 pieces at 60”. Pete Lien & Sons, Inc: Sand, $295.50, Sand (ice slicer). S.D. Federal Property Agency: $33.50, 2 vice grips, puller, 31 misc tools;  3 heat shrink; 4 scour powder; Hearing protection. Sams Club: $179.64, Files, post notes, envelops, pens, tablets; Trash liners; Muffins, crackers, chips, bars. Servall: $94.10, Towels 2/19/21; Mats - city hall; Towels 3/5/21. Signs Now: $970.48, New MCC building sign. Simon North Region Sd: $1,118.89, Chip stone (w/ ice slicer). Sturdevants Auto Parts: $112.84, Tee, plug, body; Oil stabilizer (s26); Starter solenoid (s4); Connectors, 16-14 ga 250 fml, 15 ga 4 cnd; Brake fluid. The Antigua Group, Inc.: $661.24, Pullovers, polo shirts. The Toro Company - Nsn: $155.00, Irrigation IT support 2/1/21 - 2/28/21. Auca Western First Aid & Safet: $51.74, Burn dressing, pain relief gel, burn spray. William R. Hustead: $3,803.50, Feb 2021 legal services. Yesco Outdoor Media: 21807n, sr79,mm27 e/s n/f bulletin; $107.69, 21807n, sr79,mm27 e/s n/f bulletin. Total: $79,482.95    
Communications from the Public: Andrea Powers, SHEDCO Executive Director invited the governing body to attend a professional development seminar titled Fuel the Growth: Forging ahead in 2021 through economic development, featuring Janet Ady
Wally Cachro-Business owner and Chairman of the BID Board discussed his request previously presented to EPAC asking for a 50 percent discount on admissions to EP for motel owners in town who are choosing not to open their pools this year due to the pandemic. He was unsatisfied with the 20 percent discount offered and would like to see a 50 percent discount and is willing to offer a minimum purchase. He will attend the next EPAC meeting on 3/18 to continue discussions
Ron Eastep presented his proposal to save the Wesch Oak bldg. He reviewed his plans for restoration and why it is important to him to save the building. He requested the City remove the current lien on the structure, stating the current owner “is never going to pay it” and confirmed he has an agreement with the current owner to purchase the building. Questions, comments and responses were heard from Mr. Eastep and Councilmembers Lukens, Johnston and Turner and Mayor Nelson. Concerns regarding the timeline, insurance, lack of engineered and stamped plans, and the small number of people involved in the restoration project were of primary discussion
Mike Sommers inquired if Mayor and Council received his emails regarding the demolition bid and Ron’s proposal as he got zero responses
Wes Grimes shared that he and Councilman Pratt met and talked on March 5 and that things “are good”. He stated, “The people that know me and have supported me know I am not a racist person. It is sad that people on social media are so quick to judge”
Debra Johnston shared her support of Mr. Easteps proposal stating it meets all the requirements and should be considered a viable offer
Public Hearing: 7:10 p.m.-Mayor Nelson opened the public hearing on the proposed amendment to Title XV Land Usage, Chapter 155 Zoning Code, §155.004-Uses Permitted on Review, adding subsection (D) Daycare facilities in order to advocate for child safety and welfare by regulating and licensing daycare facilities within the City of Hot Springs. Councilman Lukens provided additional information regarding the reasoning for the revisions. No Public comments were heard. Councilman Pratt asked City Attorney Goff if background checks cover information regarding anger management classes. Mr. Goff said the checks would include all applicable by State Law and any felony arrests. Councilman Romey inquired if existing Daycare facilities would be grandfathered, Councilman Lukens said all Daycare facilities would be required to comply. With no additional comments to be heard, Mayor Nelson closed the hearing at 7:18 p.m.
Bid Opening: 7:18 p.m.-Lease of City owned retail on-sale liquor license-no bids received. The City will hold on to the license until an interested party is presented, minimum value remains
Executive Session: Moved by Huddleston, seconded by Burris, to go into executive session under SDCL §1-25-2(3)-Legal and (1) Personnel at 7:35 p.m. Mayor Nelson, City Attorney Goff, Administrator Gregory, Finance Officer Summers-Walton and Councilmembers Burris, Grimes, Huddleston, Johnston, Lukens, Pratt, Romey and Turner attended. At 8:10 p.m. Administrator Gregory and Finance Officer Summers-Walton exited executive session. At 8:26 p.m. the remaining attendees exited the executive session. The meeting resumed at 8:31 p.m.
Personnel: Moved by Turner, seconded by Huddleston, to approve personnel item a; Kerry Pile, FT City Hall Administrative Assistant, $11.35/hr. effective 4/1/21
Moved by Turner, seconded by Burris, to approve personnel items b-e; Cody Karas, FT EPMS Aquatics/Wellness Director, $15.35/hr. effective 3/16/21, Shyann Stewart, PT Recreation Instructor, $11.00/hr. effective 3/15/21, Lyndsay Reetz; Meredith Ramacher PT Recreation Asst Instructor, $9.70/hr; Ciara Stewart, Taya Ritterbush, PT Asst Instructor $9.45/hr. effective 3/15/21, Joshua Johnson, FT EPMS Aquatics Director, terminated effective 3/5/21
Ordinances: Moved by Lukens, seconded by Burris, to approve the first reading of Ordinance 1226: An Ordinance repealing the following sections of Title III Administration: Chapter 35 Economic Development; Business Improvement, Subchapter Discretionary Tax Formula (rebate) §§35.15-35.18 and adding a grandfather clause. A roll call vote was taken with Councilmembers Burris, Huddleston, Johnston, Lukens and Pratt voting in favor and Grimes, Romey and Turner opposed
Moved by Huddleston, seconded by Burris, to approve the first reading of Ordinance 1229: An Ordinance amending and revising Title XV Land Usage, Chapter 155 Zoning Code, §155.004-Uses Permitted on Review, adding subsection (D) Daycare facilities in order to advocate for child safety and welfare by regulating and licensing daycare facilities within the City of Hot Springs. A roll call vote was taken with all members voting in favor
Resolution: Moved by Lukens, seconded by Burris, to approve Resolution 2021-6 , a Resolution creating a new full-time position of Head Lifeguard at Evans Plunge Mineral Springs
Resolution 2021-6
Evans Plunge Mineral Springs FT Head Lifeguard
BE IT RESOLVED by the City Council of the City of Hot Springs, South Dakota, to create a new full-time position of Head Lifeguard at Evans Plunge Mineral Springs and to adopt the following wage scale:
Position        Top of Scale
Head Lifeguard        $15.00
Beginning wage is typically 80% of the wage scale, and wages will increase each anniversary, to 86%, 91%, 95%, 98% and 100% at the end of each of the first five years respectively. At the end of the 5th year, or upon reaching top of scale, the wage will increase 0.5% for each additional year of service (longevity).
Dated March 15, 2021
Bob Nelson, Mayor
Misty Summers-Walton Finance Officer
New Business: Moved by Johnston, seconded by Romey, to table the decision to accept the lowest responsible bidder in the demolition of the Wesch Oak Building in order to consider the proposal made by Ron Eastep. After discussion a roll call vote was taken all members voted no with the exception of Johnston who voted in favor
Moved by Turner, seconded by Pratt, to accept the lowest responsible bid for the demolition of the Wesch Oak building-RCS Construction Inc. $175,000 complete site demolition & restoration bid. After extensive discussion Councilman Burris requested to call for the vote. Johnston opposed
Moved by Lukens, seconded by Romey, to approve RFP 2021-3: Brookside Park Sprinkler System Installation. Sealed Bids will be received and opened by Parks & Recreation committee April 7th with recommendation for responsive bidder selection to City Council on April 19th. Grimes abstained
Moved by Turner, seconded by Romey, to approve RFP 2021-4: Fall River Channel Restoration Landscape Phase I Project. Sealed bids will be received and opened by Public Works committee April 13th with recommendation for responsive bidder selection to City Council on April 19th
Moved by Burris, seconded by Lukens, to approve and authorize the City Administrator to sign the professional services agreement with KLJ Engineers for engineering design through bid letting services for the North River St. Reconstruction (at Evans Plunge) for $22,250
Moved by Romey, seconded by Turner, to approve and publish the request for proposals for 2021 Haying at the Hot Springs Airport
Moved by Huddleston, seconded by Grimes, to authorize Library Director Dawn Johnson to accept the Stephanie Miller-Davis Library Grant for $1,000 in support of the 2021 Summer Reading Program
Moved by Grimes, seconded by Romey, to approve an automatic budget supplement of $12,178 to the Additional Sales Tax Fund (212-21200-42200) for the construction management of the Jennings Ave bridge project. Reimbursement revenue received from BIG grant funding
Moved by Turner, seconded by Burris, to approve an automatic budget supplement of $13,869.30 to the Additional Sales Tax Fund (212-21200-42200) for preliminary design engineering for airport multi-unit t-hangar project. Reimbursement revenue received from AIP grant funding #3-46-0022-013-2020
Committee Reports: Committee reports were heard by; Administrative and Finance: Bill Lukens- Next mtg. 4/5, 1 p.m. at MCC. Airport Advisory Committee: Bill Lukens-Next mtg. 3/25, 8 a.m. at Airport. Custer/Fall River Regional Waste Management District: Larry Pratt-monthly & ytd landfill expenses are down 22.5 percent and deposits are up 6.32 percent, discussing a district tire shredding event, Next mtg. 5/13, 7 p.m. at MCC. Historic Preservation Commission: Debra Johnston-ordinance revisions are being editing by Mr. Powers, no action on the sign for the barber shop in the Bering Bldg. Food pantry sign discussion, clarification needed to continue, efforts to revitalize the Save our Sandstone group were discussed, updates from ad hoc committee focusing on history, historic preservation/standards and grant info, next ad hoc committee mtg is 3/18/21 at 1 p.m., election for officers will be at next mtg. scheduled for 4/7, 5 p.m. at MCC. Evans Plunge Advisory Committee: Larry Pratt-Next mtg. 3/18, Noon at EPMS. Parks, Recreation, Beautification & Cultural Development: Wes Grimes-dog park fence funding has been obtained, city recreation schedule available, Weiss/Scott memorial bench acceptance, MCC skylight repairs. Next mtg. 4/7, 3 p.m. at MCC. Planning & Zoning Commission: JR Huddleston-request to vacate alley 841 Almond St. committee recommends survey & potential easement, Roth property recommendation to require a plat showing streets, access and right of ways for utility services, Bader lot line setback request discussed. Next mtg. 3/17 7 p.m. at MCC. Public Safety: Bill Lukens/JR Huddleston-Next mtg. 3/17, 1 p.m. at MCC. Public Works: Dave Burris-WW plant repairs-digester lid, clarifier sweep and electrical issues, 12 dangerous intersections identified w/8 already taken care of, 2 will most likely be done by the City, recent Jennings bridge water line failure identified as a warranty item, discussed sewer flow meters, Dollar General building construction awaiting approval from DOT on entryway design. Next mtg. 3/30, 1 p.m. at MCC. Southern Hills Economic Development: JR Huddleston-Next mtg. TBD. Southern Hills Golf Course Advisory Committee: Bob Nelson-Next mtg. 3/22 5 p.m. at CH. The public is welcome to attend committee meetings
Finance Officer Report: Shared a message from Governor Noem granting administrative leave for both Good Friday and Easter Monday, April 2 and 5, 2021. As a result, the next City Council meeting will be held on Tuesday April 6th. Continuing to work on the 2020 financial statements and annual report. Completed the annual PCI compliance required on 3 of the 4 City merchant accounts. Currently accepting nominating petitions at City Hall, until 3/30/21 at 5 p.m., for the position of Alderman, in all four wards. Reviewed recent information shared by the Municipal League in reference to the American Rescue Plan, a $1.9 trillion COVID relief package, and the effects of the plan on South Dakota and more specifically Hot Springs. Additional funds will be available to our Airport and the City for overall local fiscal relief, more information will be provided as it becomes available. Highlighted the end of the 96th legislative session in South Dakota specifically mentioning HB1127 which revises certain provision regarding official meetings conducted by teleconference, allowing for a voice vote, as opposed to a mandatory roll call vote during meetings such as ours tonight. The bill passed both the House and Senate and is currently on the Governor’s desk awaiting signature.  
City Administrator Report: Provided an update of SD-DOT discussions, including: March deadline for City utility plan submittals and the deadline for Wesch-Oak abatement (July 1), which is condition of FHWA Plan review submittals for Sept. bid letting event. Briefly described conversations with Lance Redinger, PE regarding the Wesch-Oak and BODEGA building stabilization options. Summarized recent activities of our Streets, Maintenance, Parks and Utilities Departments, which included: snow plowing 3 events; rough-grading and shaping of Fall River channel for next phase Landscape RFP and utilities work at water line break on Albany Ave. and recent clay sewer pipe issues. Thanked Council for their assistance and approval of the 2021 RFP’s presented, including a Sprinkler System for Brookside Park and the Fall River Restoration Landscape Phase I project. Described foundation repairs at SHGC Clubhouse; and the EPMS maintenance closure, which included numerous projects and health club improvements.
Mayor Report: Thank you to the City employees that have been working steadily over the last few days to clear our streets of the recent snow fall. Because of the amount of wet snow that fell, more of it was left in driveways than usual, requiring residents to spend more time clearing their driveways, that’s regrettable and unavoidable. The crews were working to make an infrequent snow event as manageable as possible and I thank them. I’d also like to recognize all the other folks that work for the City. The staff at City Hall, the Mueller Center, the Library, Evans Plunge and Misty and John who help us get through our Council meetings. These folks along with the street, water and sewer employees are dedicated to serving Hot Springs residents in a professional manner. For the last eight (8) months, on a daily basis, I’ve watched our City employees always strive to serve our residents just as they would want to be served in return. Thank you for a job well done. And finally once again I’m responding to social media posts that have been made since the March 1 Council meeting. I continue to be puzzled and disappointed by how often individuals, with no firsthand knowledge of a particular subject, feel obligated to share their misinformed opinion. The specific post made after the March 1 Council meeting I want to address is the following ignorant comment left by a member of the public, “What a poor response from the City Council. No one had the guts to say anything to Larry. The whole Council should be ashamed of itself”. This comment is the perfect example of the ongoing misinformed comments that are so maddening. The individual that made that comment had no firsthand knowledge of why the March 1 Council meeting unfolded the way it did. This individual is the one who should be ashamed of them self for making such an obviously incorrect comment. This Council honored Councilman Pratt’s request to make a statement and return to the Council table, just as we will for any other Council member that may want to address the Council as a member of the public. I want to repeat what I said in Brett’s article in last week’s paper, I personally thank the Council for honoring Larry’s wishes and am proud to serve with you.
Adjournment: Being no further business to come before the Council, moved by Romey, seconded by Huddleston, to adjourn at 10:18 p.m.    
Bob Nelson, Mayor
Misty Summers-Walton, Finance Officer
Published once at the total approximate cost of $241.29
Published: March 25, 2021

Fall River County Herald Star

EDGEMONT OFFICE: 410 2nd Avenue   Edgemont, SD 57735-0660 | 605.662.7201
HOT SPRINGS OFFICE: 334 S. Chicago St.  Hot Springs, SD 57747 | 605.745.3930
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