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City Council reviews DOC sewer connection proposal, approves new Fireworks ordinance and discuss Park and Rec position

The Lennox City Council met Monday, Oct. 28 in the Lennox Boardroom. The Council heard agenda items including Department of Corrections discussions, nuisance fines, and advertising for a Park and Rec Director.

Talks continued over the City of Lennox and the South Dakota Department of Corrections discussing the possibility of a sewer connection to the Lennox Wastewater Treatment Facility. 

“Not too much to add tonight other than the fact that we’ve got a fiscal analysis here for you to review. That analysis includes a number of assumptions. It assumes the upfront cash payment will be enough to provide funding to retire the debt on three loans,” City Administrator, Nate Vander Plaats said.

Vander Plaats feels, based on assumptions, that the City of Lennox would see a net increase of nearly $200,000 per year in 2028 at the earliest. 

“So at tonight’s meeting, I would appreciate direction on whether or not to proceed with discussing a final agreement with the Department of Corrections, doing so would allow us to come to a final agreement in principle prior to the November 12 meeting at which point I would anticipate this item for final action,” he said. 

Alderman Chad Swier asked if the loans needed to be paid off early or if the money could be placed in an interest-bearing account to gain additional revenue. 

“You could, how you spend the upfront money is up to you,” Vander Plaats said. “You can change the bond agreements to pay off from existing revenue or existing funds,” he continued. 

“I’m curious, we’d have to expand our drying beds and our holding area out there, if this were to come to pass, would that be beneficial in a major rain event to have the extra equalization,” Alderman Bill Daugherty asked. 

“Yes, had we had that during this rain event, we probably would have still needed a discharge,” Vander Plaats said. 

Mayor Danny Fergen opened the floor to public comment. 

Art Ringen stood to ask clarification on things. 

“I’m just looking for an explanation of the salaries, wages and what the 25 percent for these certain individuals, what that means and” Ringen said. 

Daugherty interrupted. “Let me address that quick before we go to “and.” That’s how we fund their wages. It’s not a budgeted increase in wages, it’s those wages come out of those buckets. So 25 percent of Kyle’s wages come out of the sewer fund and 25 percent of his wages come out of that fund,” Daugherty said. 

“The other item is on the interest, decreases due to retirement of CW5 and CW7, so we actually will not see a line item on our monthly bill,” Ringen questioned. 

Many council members told him it is in the surcharge on the water bill and that is where he will find the charge. The item was tabled.

The City Council has requested an amendment to the existing fireworks ordinance and Ordinance 651 was written. 

The first reading of the ordinance was approved at the Oct. 15 meeting. 

The ordinance reads: Ordinance #651 Amending Chapter 5.04: Fireworks and Firearms BE IT ORDAINED BY THE CITY OF LENNOX, SD: Chapter 5.0402 of the Lennox Municipal Ordinances is amended as follows: 5.0402 Fireworks. 

The discharge of consumer fireworks as defined under SDCL 34-37-1 shall be allowed between the hours of 12:00 PM to 12:00 AM on the 3rd, 4th , and 5th days of July, and from 10:00 PM on December 31 to 12:30 AM on January 1. The City Administrator shall have the authority to suspend the discharge of fireworks by recommendation of the Lennox Volunteer Fire Department Chief. The discharge of any fireworks upon City-owned property, including City streets, may not occur without prior authorization by the City Council. A permit for the discharge of fireworks may be issued by the City Council to individuals, groups, or organizations for organized public fireworks displays, based upon such terms and conditions as established by the City Council. No changes have been made since the first reading. Motion approved. 

The City of Lennox must collect unpaid nuisance violation fines and fees. The first reading Resolution 2024-10-28-01 states SECTION 1: That the special assessment roll for nuisance abatements in various areas within Lennox, SD, is hereby approved an assessments in the assessment roll are levied against the property described in it. The assessments become a lien against the property when the assessment roll is filed in the office of the Finance Officer. SECTION 2: The assessment may be paid in one annual installment and shall be collected under Plan One – Collection by County Treasurer as provided in SDCL 9-43. 

“This is a resolution of nuisance of payment for two properties here in town of fines and fees that have not been paid to the city. As such, we sent those on to the county for collection of their property tax system. If you approve this by the end of October and get it to the county and this resolution accomplishes those requirements, I recommend a motion to approve,” Vander Plaats said. Motion approved unanimously.

The City of Lennox would benefit from an allowance in South Dakota Codified Law permitting municipalities to approve the annual appropriations ordinance later than currently scheduled. Ordinance 654 states that 1.0305 Introduction and Adoption of Annual Municipal Budget Ordinance. A) Pursuant to SDCL 9-21-34, the annual municipal budget ordinance shall be submitted to the City Council for first reading no later than the first regular meeting in November B) The budget hearing shall be held no later than the first regular meeting in November C) The second reading of the annual municipal budget ordinance shall be held at least five days after the first reading. D) The annual municipal budget ordinance shall be published prior to December 31st following adoption. 

“You may recall from earlier this year that I referenced future budgets take advantage of a provision state code that allows us to pass the ordinance as late as November of each year. Doing so would certainly allow us to get a better understanding of our current year trends and future year predictions,” Vander Plaats said. Motion approved.

The Recreation Manager position is soon to be permanently vacant, and the city must decide how to best provide recreational programming. 

“This one is a bit of a complicated one, so bear with me. To prepare for the final departure of the rec manager, I put together three organization plans for the Parks and Rec Department for your consideration. Each of the plans employs a full-time Park and Rec Director and an assumed salary of $65,000 a year,” Vander Plaats said. 

Additional funds will be needed to allocate for an office space in either the Park Shop or at City Hall. A motion to approve the job description and advertise for a Prak and Rec Director was made. Motion approved.

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