2009.08.19
Approved Minutes: Lake Herman Sanitary District Regular Meeting
Wednesday, August 19, 2009, 6:30 p.m.
Madison Public Library meeting room, Madison, SD
Call to order 6:30 p.m. Members present: Lawrence Dirks, Cory Heidelberger. Third seat remains vacant. Also present: district residents Terry and Ruth Ann Saner, Faye Dimick, and Kevin Jaspers.
All motions approved unanimously unless otherwise indicated.
Oath of Office: Lawrence Dirks, unchallenged for re-election to board for three-year term, ending July 2012. Oath of office submitted and accepted.
Approval of Agenda. Approved.
Approval of Minutes from May 13, 2009, meeting. Approved.
Treasurer's Report: Current and FY2009 final report. Dirks reports total expenses for FY 2009 as $1,257.61. Current Checking Balance $10,095.45. CD currently worth $10,373.55. Dirks reports 25-month CD at 2.15% each year would bring $470.74. No action taken on transferring funds to a longer-term CD.
Mailing List: Heidelberger received a request in July from a commercial interest to obtain a copy of the district mailing list for advertising purposes. After consultation with counsel Jerry Lammers, Heidelberger chose not to release the mailing list, due to privacy concerns. Dirks agrees; it is thus the position of the board that the district mailing list should only be used for district purposes.
FY2010 Budget: Heidelberger proposed a budget that reduces expenses and eliminates the tax levy, with operating expenses coming solely from reserves and inspection fees:
Taxes $0.00 Inspection Fees $150.00 Reserves $1,600.00 Total Revenue: $1,750.00 Expenses Liability Insurance $800.00 Legal Fees $400.00 Publication Costs $250.00 Meeting Expenses $300.00 Total Expenses $1,750.00 Kevin Jaspers asked if district funds can be used for filtration dams or other related water quality projects. Heidelberger said he has directed that question to counsel and the board is currently awaiting a response. Heidelberger pointed to SDCL 34A-5-26, which grants to sanitary district trustees the power "To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems." Heidelberger also cited a 1980 Attorney General's opinion that indicates sanitary districts may contract for garbage hauling services.
Pending clarification of this point of law, discussion proceeded on the question of how district funds might best be spent to improve water quality. The board and members of the public discussed the relative merits of central sewer systems, septic tanks, grassy waterways, and filtration dams, as well as the science behind the causes of algae blooms and the possibility of contributing funds to other organizations like the Lake Herman Development Association and the Izaak Walton League to support other conservation projects.
Faye Dimick noted that maintaining a tax levy and a growing reserve positions the district to obtain matching funds and build a central sewer system at some point in the future. Dirks agreed. Heidelberger suggested matching funds may not be available.
The board decided that no firm budget direction can be set without a definitive answer on the scope of sanitary district powers. The board decided to postpone action on the budget until counsel can provide that answer.
Next meeting: The board set a special meeting for Wednesday, September 16, 2009, 6:30 p.m., at the Madison Public Library meeting room, to finalize its FY2010 budget to be submitted to the County Auditor by the October 1 deadline.
- Adjourn: The board adjourned at 7:50 p.m.
Submitted 8/19/2009, Approved 9/16/2009
Cory Allen Heidelberger
Lake Herman Sanitary District Board
