The Common Council for the City of Faith, South Dakota met in regular session on September 21, 2004 at 7:00 P.M. in the Community Room of the Community Center. Mayor Haines called the meeting to order, called roll call, and led the Pledge of Allegiance.

Council members present: Inghram, Murray, Stocklin, Walker, Clark, and Selby.

Others in attendance were: Dianne Isaacs, Arlen Frankfurth, Eric Bogue, Donn Dupper, Tim Hammel, Louise Ulrich, Loretta Passolt, Shawn Peterson, Rod Carlson, Jerry Reisenhauer and Debbie Brown.

Inghram made motion, seconded by Walker to approve the agenda with the addition of Executive Session – Possible Litigation. Motion carried.

Inghram made motion, seconded by Selby to approve the minutes from the September 7, 2004 meeting. Motion carried.

CLAIMS APPROVED:

The following claims were presented and read:

Missouri River Energy Services / Supplemental Power, Member Dues / $ 12,637.86
Missouri River Energy Services / Supplemental Power, Member Dues / $ 8,775.44
Farmers State Bank / SS & Withholding / $ 2,410.83
Fiber Ring Revenue / Special Access / $ 3,074.00
Express Communications, Inc. / Access Revenue & Expense / $ 1,948.22
LECA / Settlement Statement / $ 3,799.00
Bill Hibner/Glen Haines / Portion of Liquor Proceeds / $ 550.00
Sam's Club / Garbage Bags / $ 61.27
South Dakota Municipal League / Annual Conference / $ 70.00
Equipment Sales / Fryer for Bar / $ 1,850.00
Utility Department / Salaries / $ 5,052.16
Finance Office / Salaries / $ 4,905.25
Police Department / Salaries / $ 5,136.89
Bar & Liquor Store / Salaries / $ 2,502.50
Janitor / Salaries / $ 681.73
Ambulance Department / Salaries / $ 3,475.95
Lance Hildebrandt / Lifeguard / $ 38.09
Charlotte Bernstein / Lifeguard / $ 57.14
Alanna Chapman / Pool Manager / $ 177.77
Shannon Escott / Lifeguard / $ 69.84
Dezaray Varland / Lifeguard / $ 64.76
Ryan Palmer / Lifeguard / $ 35.55
Shane Ayres / Meter Reader / $ 164.29
Michelle Kilby / Matron / $ 4.84
James Crockford / Landfill Operator / $ 236.42
Sandy Engel / Library Supervisor / $ 59.22
Linda Olson / Library Aide / $ 616.61
Afdahl's Appliance / Repair Air Conditioner Bar / $ 1,397.80
American New\Farm Forum / Advertise for publishing / $ 96.98
Angel's in the Garden / Laundry - Ambulance / $ 68.00
Architectural Concepts / Architectural Fees Pub Safety Bldg / $ 7,830.00
AT&T / Purchase of Accounts Receivable / $ 1,610.54
Wesley Atchison / Extra Stock Show Cop / $ 255.00
Dawn Austin / Telephone Deposit Refund / $ 75.00
Auto Center II / Repair Motor Vehicle / $ 355.50
Border States Electric Supply / Electrical Supplies / $ 2,134.85
Adrian Butler / Installing Cable for Sound System / $ 85.00
Chris Supply Company, Inc. / Cable for Sound System / $ 76.50
City of Faith / Deposit Refund applied to bill / $ 20.00
Clark Printing / Telephone Statements / $ 201.21
Daktronics, Inc. / Score Board for Complex / $ 3,800.00
Department of Revenue / Drivers Licensing and Testing Water / $ 111.00
Dupree Oil Company / Aviation Fuel / $ 2,398.19
Faith Independent / Publishing / $ 338.67
Faith Lumber / Supplies / $ 943.59
Faith Public Library / Reimbursement for Postage / $ 41.29
Farmers Union Oil / Gas / $ 1,122.28
Golden West Technologies / Internet Help Desk / $ 53.75
Golden West Telecomm. / Special Access / $ 1,180.56
William Hibner / Clean Trees at Cemetery / $ 357.50
Ketel Thorstenson, LLP / Audit Services / $ 2,250.00
LexisNexis Matthew Bender / SD Crime & Traffic Law Manual / $ 49.20
Lynn's Dakotamart / Supplies\Food for resale / $ 705.16
M&D Food Shop / Gas / $ 13.00
Alan McGinnis / Extra Stock Show Cop / $ 255.00
Mid America Computer Corp. / Toll Messages & Cabs Processing / $ 926.50
Chris Murray / Air Conditioner for Police Department / $ 180.00
Neve's Uniforms, Inc. / Uniforms & Supplies / $ 118.53
Northern Plains Cooperative / Salt to put down sewer / $ 7.00
Northwest Pipe Fittings, Inc. / Supplies / $ 45.15
Pheasantland Industries / No Thru Traffic Signs / $ 67.10
Pioneer Products, Inc. / Supplies / $ 249.90
Power House / Supplies / $ 60.18
Prairie Wave / Custom Branding / $ 5.15
Pressure Services, Inc. / Parts / $ 54.25
Rapid Diesel Service / Repair & Maintenance - MV / $ 169.57
RapidNet Internet Services / DSL Service / $ 809.33
Reliable Corporation / Office Supplies / $ 328.73
Rick's Auto / Repair & Maintenance - MV / $ 302.50
Riter, Rogers, Wattier & Brown / Legal Fees / $ 542.87
Roy's Pronto Auto Parts / Oil and Parts / $ 262.60
SD Assoc. of Rural Water Sys / Membership Dues / $ 185.00
SD Federal Property Agency / 2000 Ford PD Car & Supplies / $ 7,800.00
Norman Schuler / Took out equip and put in new PD car / $ 250.00
Servall Towel & Linen / Mats & Fresheners / $ 843.95
Sioux Pipe Incorporated / Water Supplies / $ 874.31
South Dakota Network / Call Name Delivery / $ 80.91
TELEC Consulting / Telephone Consulting / $ 1,361.47
The Pool & Spa Center / Swimming Pool Supplies / $ 8.64
Tri County Conservation District / Planting Trees at Cemetery / $ 1,428.60
Terry Van Dam / Electric Deposit Refund / $ 50.00
Vermeer Equipment of Black Hills / Repair & Maintenance - MV / $ 64.08
Vila's Health & Variety / Supplies / $ 15.49

Walker made motion, seconded by Clark to approve all claims as presented. Motion carried.

ORDINANCES & RESOLUTIONS

Transfers:

Murray introduced the following resolution and moved for its adoption:

RESOLUTION NO. 09-21-04-01

WHEREAS the City of Faith needs to transfer and that the Finance Officer be authorized to transfer funds as of August 31, 2004 in accordance with the adopted Budget Plan:

490.00...... from General to Ambulance Restricted Cash

250.00 from Water to Capital Outlay

250.00 from Electric to Capital Outlay

5,774.11 from Liquor to General

4,744.00 from Telephone to Capital Projects Fund

17,000.00 from Telephone to General

17,000.00 from Electric to General

Seconded by Walker. Motion carried.

The August revenues were $136,656.55 and the August expenditures were $125,207.72.

Walker introduced the following resolution and moved for its adoption:

RESOLUTION OPPOSING INITIATED MEASURE 1

RESOLUTION NO. 09-21-04-02

WHEREAS, The City of Faith annually receives an estimated $9,620.00 in revenue from the sales tax on food; and

WHEREAS, there is no revenue source being proposed to replace the lost revenue if the sales tax on food is repealed; and

WHEREAS, the repeal of the sales tax on food could mean cuts in services provided by the City; and

WHEREAS, the proposed ballot initiative could impact the security of current and future bond obligations; and

WHEREAS, cities are extremely limited in their ability to increase any alternative tax to replace lost revenue; and

WHEREAS, approximately 54 percent of our school district budget is funded by the State, it is anticipated the State will lose $42 million annually if the sales tax on food is repealed, thereby threatening funding for our school district; and

WHEREAS, the proposed ballot initiative will provide a tax break for all, without considering whether or not such a tax break is needed, unnecessarily threatening vital services;

NOW, THEREFORE, it is hereby resolved that the City of Faith opposes Initiated Measure 1.

Seconded by Stocklin. Motion carried.

Inghram introduced the following resolution and moved for its adoption:

RESOLUTION NO. 09-21-04-04

A Resolution Passed Pursuant to Revised Ordinances, Title 8 Establishing Ambulance Service and Rates for the City of Faith, South Dakota, Meade County.

WHEREAS pursuant to the Revised Ordinances, Title 8, the Common Council is authorized to establish ambulance service and rates according to rates being charged by Meade County, it is hereby

RESOLVED, that the following rate be adopted:

Base Rates:

Non-Emergency Routine Transfer$250.00

Basic Life Support Emergency$250.00

Advanced Life Support Emergency$250.00

Seconded by Murray. Motion carried.

BIDS:

Biding on Surplus Property – 7:30PM:

The following bids were received for the cheese machine:

Sports Complex$75.00

Linda’s Drive In, LLC$50.00

Inghram made motion, seconded by Murray to accept Sports Complex’s bid of $75.00 for the cheese machine. Motion carried.

The following bids were received for the Light Blue 1988 Chevy Pickup:

Chuck Jones$809.95

Lonny Collins$710.00

Chris Murray$505.00

Inghram made motion, seconded by Murray to accept Chuck Jones’ bid of $809.95 for the Light Blue 1988 Chevy Pickup. Motion carried.

The following bids were received for the Dark Blue 1988 Chevy Pickup:

Chris Murray$501.00

Chuck Jones$810.99

Walker made motion, seconded by Inghram to accept Chuck Jones’ bid of $810.99 for the Dark Blue 1988 Chevy Pickup. Motion carried.

The following bids were received for the 1971 Cat Motor Grader:

Claude Hahne$3896.00

Tim Volz$8150.00

West River Excavating$5000.00

Joe Hicks$3500.00

Floyd Sawvel$6251.00

John Frei$4100.00

Tim Bernstein$7661.00

Walker made motion, seconded by Selby to accept Tim Volz’s bid of $8150.00 for the 1971 Cat Motor Grader. Motion carried.

Letter of Approval for use of Landfill for Locker Plant:

Zane King needed a letter of approval for use of the landfill for a locker plant. The council had some more questions and would like to check out different avenues. Mayor Haines asked Clark to have a meeting with Zane and the landfill committee and come back to the next council meeting.

Faith Chamber:

Faith Chamber came to the council asking if it would be possible to rent the Faith Community Center and have a Malt Beverage License or have the City sell liquor for a Casino Night on New Years Day Evening for adults and kids. After much discussion, Inghram would like some legal advise. Tabled until next meeting.

Approving Transfer of CATV Franchise:

Council looked at Resolution 09-21-04-03: Resolution Approving Transfer of CATV. Rod Carlson with Midcontinent Cable Co. explained that Midcontinent Cable Co. and West River Cable Television Company has entered into a sales agreement and are asking the City of Faith to transfer the franchise to West River Telephone. They realize the franchise has been expired, but Rod Carlson feels there should be no problem in extending the franchise. Selby asked Eric Bogue for his legal opinion. Eric is not comfortable extending the current franchise since there really isn’t a current franchise and there were some issues with the franchise with Midcontinent Cable Co., he is more comfortable with a year or two agreement. Inghram made a motion to extend the franchise for one year from April 1, 2004. Jerry Reisenhauer would like the council to at least extend it for twenty four to thirty six months as most of his engineering and development plan is at least a two year plan. Inghram retracted her motion. Stocklin made a motion, seconded by Inghram to prepare a resolution to extend the franchise to two years from April 1, 2004. Motion carried.

Murray made motion, seconded by Stocklin to retire to executive session to discuss possible litigation. Motion carried.

Murray made motion, seconded by Stocklin to return to regular session. Motion carried.

Kirkpatrick Pettis Contract for Services:

Murray made motion, seconded by Walker to approve Kirkpatrick Pettis’ contract for services. Motion carried.

Use of Fairgrounds:

Stocklin advised that Karen and he had met and Larry was not able to attend so they telephoned him and reviewed the agreement. After much discussion, the council feels Arlen Hulm should be at the meeting to discuss the situation. Tabled until next meeting.

Approve Specifications for Snow Removal Equipment Building:

Selby made motion, seconded by Stocklin to accept the Bid Proposal and Specifications and to seek bids after FAA approves specifications. Motion carried.

Committee Reports:

Liquor: Murray stated that the fryer works great. He feels the food is going to go good. There was a problem with a breaker, so until Arlie Hulm looks at it, it won’t be used. The bar needs to purchase a deep freeze to put at that end of the bar and keep all food items together.

Walker made motion, seconded by Stocklin to adjourn. Motion carried.

______

Debbie Brown, Deputy Finance OfficerGlen Haines, Mayor