351 WISCONSIN SW STE 101, HURON, SD • PHONE (605) 353-1439 • FAX (605) 352-5322

FALL 2018

President’s Column…..2

Insurance News….…...3

Shoulder Pulling in the Late Fall……………...4

Meet Darwin Bettmann, SDATAT Vice. Pres.…..5

Haul Roads-Open Meetings-

and Section Lines……….6

Sample Culvert Inspection Form……….………..7

40 year Service Award Application……………8

Voting Information and Amendment W…….....9

Writing Resolutions.…10

Spouses Program…….11

2018 Annual Conference & Meeting **Registration Due by Nov. 15th to Qualify for Early Bird Drawings**

Friday - Dec. 7 9 am - Registration

SDLTAP ROAD SHOW BEGINS

9:30 am - Township Road Maintenance Begins

10:45 am - Township Road Maintenance Part 2

12:00 pm - Lunch

1:30 pm - Culvert Maintenance & Construction

2:50 pm - Signing Township Roads - Doug Kinnberg- SD DOT

3:20 pm - Haul Roads, Legal Insight -Jay Liebel, Attorney

3:45 pm - Get Your Township Questions Answered Ltap, Doug Kinniberg, Jay Leibel, Calvin Musch 5:30 p.m. - Social (Cash Bar)

6:00 p.m. - Supper

7:00 p.m. - Magician Jim Perry

Saturday- Dec. 8 7:00 am - Breakfast Buffet

7:30 am - Registration Begin

8:15 am - Opening Ceremonies

9:00 am - Risk Mitigation- Tami Schwebach

9:30 am - Windfarm Educational Insight -Steve Wegman SD Renewable Assn

10:45 am- Working with your Auditor - Pam Petrak- Brule Co Auditor 11:30 am- Break Out Sessions 1- Clerk & Treasurer Training 2 - Supervisor & Chairman Training 3 - Data Breach & Sunshine Law - Jody Gillaspie- SD Consumer Prot.

12:30 pm - Awards Lunch

2:00 pm- SDATAT Annual Business Mtg

3:00 pm- Bond Alliance Mtg -

***DOOR PRIZE GIVE AWAY***

*If readers have any comments, corrections, submissions or display ads for this publication, call: 605 353-1439 or FAX (605) 352-5322.

SOUTH DAKOTA ASSOCIATON OF TOWNS AND TOWNSHIPS(SDATAT) ISSN 1072-2505 Published quarterly to provide information, education and technical assistance

to local governments, by the SOUTH DAKOTA ASSOCIATION OF TOWNS AND TOWNSHIPS, PO BOX 903, HURON SD 57350

Registered with the Library of Congress.

Dustin Leiseth, President….... District 8 Darwin Bettmann, Vice Pres….District 2 Cindy Foster, Secretary...… ..District 10 Tom Bisek, Treasurer.............District 3 Calvin Musch, Exec. Board.…..District 6

David Scott, Director….…....District 11 Ken Siemonsma, Exec. Board..District 12 Nick Oyen, Director.....…….District 13 Travis Paulson, Director.….....District 5 Jim Puffer, Exec. Director……District 7

Mike Vande Weerd, Ex. Board..District 9 John Graham, Director...….….District 4 ……………………..District 1 Vacant …………………….. District 14 Vacant

PAGE 2

Well, fall is upon us and the harvest has begun.

Summer has come and gone quickly and a busy season

it has been for the Association. Our Executive Director,

I, and four other directors attended the Multi-State

Meeting in Duluth, MN July 22-24, and what an event

it was. We stayed at the Pier B Resort along the bay of

Lake Superior. We had a boat cruise of the bay Sunday

evening and learned how huge Commerce and Trade

take place in the harbor of Duluth- from wind turbines

from the Netherlands to taconite iron ore from the Iron

Range of Minnesota to grain for export.

Monday, we listened to Susan Brower, MN State

Demographer, explaining trends in population, rural

versus urban, and how economies, immigration, work

force, education, and health care influence these trends.

As we enter the next decade, Baby Boomers will all be

retiring, and Millennials will be replacing them. Based

on the trend to smaller size of families now versus then,

the future is dictating a lower number of jobs that need

to be created, as well as needing a different skill set

regarding technology.

A wind and solar energy panel presented next. Wind

and solar energy can support 40% of the power grid

with 100% reliability. Broadband was a big discussion

as well. The take home for me was that if your phone

and internet are provided by a local cooperative you’re

in good hands. Being part of a cooperative gives you a

stronger voice and all members matter. This is lacking

with private providers.

Monday afternoon we toured the National Resource

Research Institute. Their goal is to eliminate waste of

natural resources such as lumber, iron ore, and water

and utilize the waste products of these industries. We

then toured EnBridge Energy. This is a 500 acre site

that is a hub for millions of barrels of crude oil. This

is where 81 products are blended to 18 products and

pushed out to other regions of North America. This

was a great meeting with much valuable information

presented.

Now, for the good stuff! Mark your calendar for the

Annual Meeting to be held at Arrowood Resort Cedar

Shores in Oacoma, SD December 7th & 8th, 2018. Plan

on attending the SDLTAP Road Show on Friday and

the breakout sessions for township officer training on

Saturday, plus much more! Our Executive Director,

Terry Sletten, has put together some great speakers,

breakout sessions, and evening entertainment. Book

your room and register today. I will see you there! Dustin

Minimizing Risk Pays Off By Tami Schwebach

there were no claims involving injuries or fatalities. I think overall, the heightened awareness that you have as township officials has helped keep these more serious claims to a minimum. Please keep reviewing your signs, analyzing your road conditions, and working to keep those roads safe. Although Errors and Omissions claims do not count against a dividend, they are always interesting and certainly an exposure for townships. E&O claims this year range from a township that needs to be defended in a private road dispute, to someone asking for better maintenance on a road (that seems to be the subject of a claim every year), to a dispute with a county over the replacement of a culvert, to an individual claiming that a city employee trespassed on their farmland which affected crop yields. The Errors and Omissions policy provides defense coverage for the township in each of these

cases and pays for all attorney’s fees.

As a refresher for those of you who may not be familiar with the Safety Dividend Program, this is a plan between the SDATAT and EMC Insurance Co. to provide insurance coverage for small towns and townships at a reasonable premium with the prospect of participating in dividends realized from good risk management pract ices . At the end of every

dividend year (July 31st) EMC reviews the premiums paid by the participating members compared to losses paid and expenses, and if premiums paid are greater, EMC will pay a dividend to the Association. The Association then pays half that dividend back to the participating townships. Your job as small town and township officials is to put that good risk management into practice and help prevent claims!

I want to thank my own customers, as well as those of you insured with other EMC agents. I also want to thank you on behalf of EMC Insurance Company for being such good customers over the years. We enjoy working with our township customers and we very much appreciate your business!

PAGE 3

402 Garfield, Dell Rapids, SD 57022

Safety Dividend Group Plan Approved By Your Association

Safety Dividend Plan Available Through All

Employers Mutual Agents Underwritten by Insurance Companies

On behalf of EMC Insurance Company, I am very happy to report that there will be a dividend again this year! And not only is there a dividend paid, it is the largest dividend in the history of the Safety Dividend Program, $172,330.94! This phenomenal dividend brings the total paid to $1,209,822.

Half of the dividend stays with the Association to help with their budgeting and special projects, and half is paid back to the participating small towns and townships. Each individual dividend is based on the insurance premium paid by the member; the more you pay for your insurance, the higher the dividend will be. Larger townships should receive anywhere from $500 to $2,000, while an average township will receive $57. This is about twice a typical dividend for an average township.

Thank you all for your good risk management and safe practices! Through all your hard work, every township officer and every small town official has helped contribute to this dividend, but more importantly, you have helped to keep your roads and communities safe for your residents. Please keep up that good work!

Even with such a large dividend, there are claims that factor in. We live in South Dakota, and we have bad weather, so there were lightning claims and hail claims. There was a claim for vandalism to a light that a township insured. There were several claims involving damage to vehicles from hazards on the road. Some were paid with the township held liable for the property damage, and others were denied, as it was felt the township was not liable. One such claim involved late winter road conditions with ruts and holes, and fortunately the township kept very good documentation of their attempts to keep the road passable. The claimant presented several photos of the road as well as photos of the damage to their car, but based on the maintenance history that the township provided, EMC determined this township was not liable. Fortunately

Shoulder Pulling in the Late Fall By Chuck Fromelt ,Technical Assist Provider SDLTAP

fore freeze up.

As a previous road manager, we have successfully accom-plished late fall shoulder pull-ing. In our experiences if you pay attention to certain details as I mentioned above, it will work for you too!

If spring work did not allow for shoulder pulling, and you have the time, with weather cooper-ating try LATE FALL SHOULDER PULLING.

Shoulder pulling is an ac-tivity that is performed on a gravel surfaced road. It is an act of removing a high ridge on the edge or shoulder of the road.

This is accomplished by using a retriever disc usually attached to a mo-

tor grader or sometimes a tractor.

The disked material is then pulled onto the road with a blade and disked a second time to be incorporated into the top subgrade material. The material pulled may just be one five foot disc or it may be pulled all the way from the toe of the inslope. At this time a new hinge point may be established.

Shoulder pulling generally takes place in the early spring months of March, April and May. At this time of the year the root structure of grass is not well established and breaks up easily.

Late fall shoulder pulling is an option that will work with just a few adjustments, especially if we have a hot dry fall as we often have.

First, the shoulder and inslope must be mowed very tight to remove as much grass as possible. The area to be pulled must then be disked at least two or three times, before the material is pulled onto the top of the road-way. At this time of the year there is a substantial root structure which must be broken up. After the material is pulled, it may require additional disking.

A water truck and a rubber tired roller is necessary to process the material because it is generally dry in the fall. It is important to have the material set up quickly be-cause of the chance of freeze up.

Good quality surface gravel with a plasticity index (PI) of 8 or more should be used to help the base become estab-lished and incorporated with the subgrade material. Some additional water, rolling and blading may be neces-sary to set the base on the roadway. Probably it is im-portant to note again, that the material must be set be-

PAGE 4

A township road with a “rural gutter” this road is need of attention. The high shoulders need to be removed to establish a cross-section and

allow the water to drain in the ditch.

A disk reclaimer being pulled behind a tractor. This is an aggressive shoulder pull.

The fall of 1960, I began my college years at Concordia Teachers College in Seward, NE with the goal to become an elementary school teacher in a Lutheran school. In 1964 I moved to Kankakee, Illinois to teach third and fourth grades and seventh and eighth grade boys' Industrial Arts. The next seven years I taught fourth grade, Industrial Arts, and developed a physical education program for the seventh and eighth grade students. The next six years I was principal of that school. In 1978, we decided to move back to South Dakota where I taught for one and one half years junior high science in Redfield. The next twenty-three years I worked in sales and delivery of propane for a local co-op in Aberdeen. I also assisted with some service calls, retiring in mid-January of 2003. Currently, I enjoy working for a local farmer main-ly during planting and harvest seasons . I also appreciate the opportunity to serve as Supervisor on the Warner Township board, for over twenty years and on the S.D.A.T.A.T. Board for thirteen years, currently the Vice-President. In addition , I serve on the Planning and Zoning Board for Brown County. My position on the Board of S.D.A.T.A.T. allows the opportunity to know many of the Executive Secretaries in Pierre that are serving the people of South Dakota. In early January our Board hosts an Executive Luncheon inviting the elected and/or appointed officers of the various state offices. We use this time to get acquainted with them and to share our thoughts and concerns. What a great experience! We also go to Pierre in early February for "Legislative Day" to serve SDSU ice cream to the legislators. We sit in on committee hearings and may lobby our concerns. We definitely support local government. Thanks for serving on your local Board. I encour-age you to get involved with your County Planning and Zoning Board. The SDATAT encourage you to attend its Annual Meeting each year.

PAGE 5

Darwin Bettmann

This is the third of four articles which feature one of the current officers of SDATAT. It is our pleas-ure to introduce to you Darwin Bettmann, the current Vice Presi-dent of SDATAT. He has been mar-ried for over 52 years to his wife Mary. Together they have raised 5 children and seven grand children.

Darwin

I was born in Aberdeen, SD and grew up on a farm about five miles southwest of Aberdeen. My early education consisted of a one room school house for grades 1-8. Most of the years, there were six or seven students in my grade. After eighth grade, I attended Simmons Junior High in Aberdeen with about 200 other ninth graders- quite an adjustment! I graduated from high school with a class of approximately 400 students.

LEGAL INSIGHTS - Haul Roads-Open Meetings-Section Lines-

By Jay Leibel, Attorney

PAGE 6

This article is a combination of current interest topics: haul road agreements, reminders as to open meeting requirements and use of the section line by parties other than the township.

HAUL ROADS I think everyone can agree our roads and bridges, from the interstate highways to township roads need constant attention and many need considerable maintenance or improvement. I marvel at how good many townships are considering many were built decades ago when the weight, width, length and speed of vehicles and equipment were a lot less than today. Every governmental entity is trying to figure out ways to maintain or fix what we do have. One method for townships is to consider haul road agreements with those parties whom place a heavier burden than others on one or more roads within the township. This topic will be discussed in more depth at the annual meeting on Friday December 7th. Such agreements have been reached with permanent activities like dairies, hog confinement units, feed lots, gravel pits and others including wind and individual farms. The benefit is to both the business and the township as the road meets the needs of the users and provides a safer road for all with an equitable solution for the taxpayers. The township remains responsible for the road but receives assistance in maintaining the roads.

OPEN MEETINGS Every official meeting shall be open to the public pursuant to SDCL 1-25-1. Any meeting of the township, in which business is to be conducted, shall be held in open session with an agenda posted no less than 24 hours in advance. Transpar-ency of public bodies is the goal to prevent boards from concealing their actions from taxpayers. All business coming before the township board must be conducted in open session. The only exceptions for executive or closed session are set forth in Section 1-25-2 on page 7 of the July 2017 Township Officer’s Manual.

If the open meeting laws are not followed, any business conducted by the board may be invalidated by the courts. The town or town-ship will either have to start over completely or not take its proposed action. This includes paying bills, vacating a road, or entering into contracts for goods or services. Board members may be charged criminally with a Class 2 Misdemeanor which carries a maximum penalty of a $500 fine or 30 days in jail, or both.

The board may only discuss and act upon only those topics specifically listed in the posted or published agenda. If the meeting has been declared an executive or closed session then only the purpose for which the meeting was closed can be acted upon. A

closed meeting or executive session may only be held upon a majority vote of the members present and voting. The topics which can be discussed in executive session are restricted to those specified in the motion to enter executive session. The meeting must be declared out of executive session if any motions are to be voted upon. In other words, all voting of supervisors shall take place in open session. Any discussion of other topics is a violation of the open meeting law. The only meetings for which the agenda must be published are those required by statute such as the annual meeting, a hearing on a petition to vacate a road, and those meetings requiring a vote of township voters (such as to consider the purchase a road grader, a referral of a road vacation, or an opt-out). The rest of the meet-ings, both regular and special meetings, need only to be posted- not published in the newspaper. An agenda must be posted at least 24 hours in advance pursuant to SDCL 1-25-1.1. See pages 25 of the Township Officers Manual (published July 2017).

The open meeting laws are violated by such acts as failing to post agendas, failing to keep proper minutes, and failing to make the minutes available to the public.

In the event of an emergency the board may meet to address such matters as a road washout without posting the notice of meeting 24 hours in advance. It is recommended, at the next meeting, the clerk be presented with information which can be the basis for minutes of the emergency meeting. Those minutes should state the nature of the emergency, who was present, when and where the meeting took place, what action was taken if a vote was required who made the motion, who seconded it and record the vote. The clerk should then put them in the form of minutes and include in the records.

SECTION LINES A reminder as to section lines, although the township does not own the section line right of way it is responsi-ble for keeping it open for public passage and for the safety of the public. Landowners do not have the authority to dig, trench, blade or gravel the right of way whenever and however the desire. Anyone wanting to do so must always seek written authorization from the township prior to starting any project. If not authorized by the township the landowner may be subject to criminal prosecu-tion or civil action which may include fines and other sanctions.

This article is not intended to provide legal advice to our readers. Rather, this article is intended to provide some common-sense answers to complex legal questions. If you have specific questions you are encouraged to contact the attorney of your choice, or me, Jay Leibel of Leibel Law Firm, LLC at 113 South Egan Avenue, PO Box 6, Madison, South Dakota 57042 at (605) 427-1805.

SAMPLE CULVERT INSPECTION CHECKLIST

LOCATION: _____________________ __STRUCTURE NO: ___ _

DATE:_____________/INSPECTED BY:_______________________________

SIZE,LENGTH,TYPE: ________________ ________________________

GPS COORDINATES: _________________ ____________________

ITEM GOOD OR NEEDS COMMENTS

COND. REPAIR

METAL CULVERTS

Rusting/Corrosion________________________________________________ Connections_____________________________________________________ Settlement______________________________________________________ Erosion/Soil loss around pipe________________________________________ Cleaning needed__________________________________________________

CONCRETE CULVERTS

Box or Barrel_____________________________________________________ Headwalls________________________________________________________ Deterioration_____________________________________________________ Joint Separations___________________________________________________ Cracks___________________________________________________________ Settlement________________________________________________________ Erosion/Soil loss around pipe___________________________________________ Cleaning needed____________________________________________________

PAGE 7

FEMA has stated they will be checking for maintenance reports before

approving any reimbursements for the next Presidential Disaster.

To assist in your role to inspect and document, you may use the sample form to the left or you may access a

copy at www.sdtownships.com

31-14-33. Inspection of township cul-verts--Duty of board of supervisors. The township board of supervisors shall have each culvert on the secondary highways within the township annually inspected and, if necessary, repaired.

31-14-34. Inspection of culverts on sec-ondary highways and county highway system--Duty of county highway superin-tendent. The county highway superin-tendent shall make inspection of all cul-verts on secondary highways other than those described in § 31-14-33 and of all culverts on the county highway system and report to the board of county com-missioners, which shall cause necessary repairs to be made.

CULVERT INSPECTIONS AND MAINTENANCE

PAGE 8

October 17-18- SDLTAP Conference in Rapid City

October 29- Post Notice for October 30th 24 hrs. in advance

October 30- Required Township Meeting

November 1- Last Day to turn in mowing expense to Auditor

January 8th- Legislative Session Begins- 12 noon

Feb 6th- SDATAT Legislative Day at the Capital

PAGE 9

VOTE**VOTE**VOTE**VOTE**VOTE**VOTE**VOTE

A NOTE ABOUT AMENDMENT W The SDATAT Board of Directors have voted to oppose Amendment W which is going to be on the ballot this November. We have agreed to add our association name to a list of organizations that are in opposition. With permission from David Owen, President of the SD Chamber of Commerce , I forwarded their position letter to the membership of SDATAT via email. We feel this organization appears deceptive in that they claim to be a South Dakota group. In actuality, the group’s financial reports from 2017 and this year’s pre-primary report prove the effort was 100% funded by a Massachusetts organization. If this were to successfully pass, this oversite committee would impose another level of authority over all local government, including townships. This “tribunal” (made up of non-elected individuals) would be in authority to investigate ethics viola-tions, anonymous complaints and allegations, conduct random audits, adopt rules of procedure etc., even at the township level. This is a an important issue that, if not voted down, could begin dismantling our political struc-ture- according to my conversation with Mr. Owen who is spear heading this opposition. The Opposition Research White Paper prepared by the SD Chamber of Commerce can be found at: https://sdchamber.biz/media/.../1.../Amend%20W%20White%20Paper.7.18.18.pdf Take some time to research and become informed before

you vote.

Township Upcoming Events

Do you have questions about the November 6th election?

• Where do I go to vote?

• How do I register to vote?

• Who is all running for election?

• What does the ballot look like this year?

Log on to vip.sdsos.gov.

If you select the “voter Registration Name Search: you will see a page like the example to the left. This is the site for the Secretary of State. It is filled with many resources to answer all of these questions and MANY MORE.

Important Phone

SDATAT Office

Terry Sletten or Courtney Svennes

SDATAT Fax

SDATAT Attorney

Jay Leibel

SDLTAP (Road Assistance)

Brookings Office

SD Dept. Legislative Audit

Rod Fortin

(bids, contracts, audits)

SD Dept. of Revenue

Wendy Semmler

(opt outs/special taxation)

Sales Tax Division

SD Dept of Transportation

James Ainsley

(Local Govt Assist./Signing Grant Program)

SD Office of Attorney General

Steven Blair

(Open Meeting Laws)

Office of Emergency Mgmt

Jason Bauder

(Public Assistance/FEMA)

Jim Poppen

Hazard Mitigation Grant

SD Governor’s Office

Patrick Weber

Your County Highway Supt

Your FEMA Public Assist. Coordinator

Your County Auditor

PAGE 10

General Information When South Dakota Association of Towns and Township (SDATAT) members would like to set a point of view or action that they believe should be acted upon by SDATAT, a resolution is written. A resolu-tion is a written request to the SDATAT Membership. This is a formal request for SDATAT’s membership to consider changing/adding to one of its policies. Every active member of SDATAT has the right to compose and submit resolutions to the SDATAT membership at its Annual Meeting. This course of action is a fundamental way in which the members of SDATAT express their ownership of the association.

Resolutions are of vital importance to SDATAT because they form the policies in the official policy document which guides SDATAT. The Board of Directors uses the resolutions passed at the Annual Meeting from the previous year as a compass for the action they must take in the following year. Your resolutions will play a major role in directing SDATAT for years to come.

Parts of a Resolution

The format of a resolution is not complicated. Each resolution in-cludes:

1. Title of resolution including topic covered.

2. Supporting information which includes any background infor-mation as to why the resolution is being proposed. These state-ments should represent a brief but persuasive argument as to why the members should approve your resolution. These state-ments are not printed in the official policy document.

3. “Be it resolved” or operative clause. This is the “resolution prop-er,” as it describes the proposed changes in the official policy document. This part of the resolution should specifically desig-nate the actions that you wish to accomplish.

4. The name(s) authors.

Sending in Resolutions

Any members that are considering proposals are encouraged to take action and submit by the deadline established by SDATAT. SDATAT requests that the resolutions, if being mailed, be sent to arrive on or before the third Friday of November; or may be presented in person to the committee the first morning of the conference. At the conven-tion, the authors of resolutions can work to get their resolutions passed. Please refer to the Parliamentary Procedures guideline that explains Robert’s Rules of Order Revised for debating the resolu-tions found on the website.

Resolutions, questions or concerns may be further directed to the following SDATAT Board Members:

RESOLUTION COMMITTEE:

Darwin Bettman, Chairman – 605-380-3191

Cindy Foster – 605-999-8563

Tom Bisek – 701-212-3426

David Scott- 605-680-1189

Dustin Leiseth – 605-520-0096

Format of Resolution Writing

Resolution: (Title)

Old Resolution or Amendment typed here if applicable

1. WHEREAS, (List the supporting information for your topic with the first letter of the first word being capitalized and all lines double-spaced); and

2. WHEREAS, (Use as many Whereas paragraphs as necessary, limiting one idea per paragraph); now, therefore,

3. BE IT RESOLVED, That (State your desired action as specifically as possible and reference specific sections of the Constitution and Bylaws to be amended if necessary.) (No handwritten resolutions will be accepted. Number all lines of the resolution text. Double space all lines in this part of the page.)

Submitted by:

Action Taken: (Adopted by two-thirds majority vote of __________ or Not Adopted.)

Date: (Date submitted.)

Effective Time Period: (If this resolution represents a permanent change, declare "Ongoing." If the resolution is of a short-term nature, specify a date that this resolution could be removed from the Policies Section since the resolu-tion would no longer be in effect.)

Subject: (List topic covered. One resolution is required for each topic.)

PAGE 11

REGISTER

BEFORE

NOVEMBER 15TH

TO BE ELIGIBLE FOR ONE OF FIVE

EARLY BIRD CASH DRAWINGS

ATTENTION LADIES…

A special event is being planned

just for you if you want to break away

from the Annual Convention…...

Enjoy : • Join Patty Johnson, proprietor of

Tranquil Desires as she demonstrates the benefits of essential oils. You will have an opportunity to make your own pillow spray and enjoy individually brewed fine coffee or tea made with the purest water.

• A guided tour of the AKTA Lakota Museum and Cultural Center .

• Fabulous Finds owner may provide a demonstration of ideas to repurpose items one may normally discard.

• Shop and browse the unique stores on Chamberlain Main Street.

South Dakota Association

of Towns and Townships

PO Box 903

Huron, SD 57350

Prsrt Std

U.S. Postage

PAID

Permit No. 13

Huron, SD 57350