Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, FEBRUARY 4, 2019 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES, CITY COUNCIL MEETING OF JANUARY 28, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 19-01-01 AUTHORIZING THE ISSUANCE AND SALE OF BONDS FOR TIF #29 - POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 19-01-01 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. WORKERS COMPENSATION COVERAGE FOR THE CITY OF ABERDEEN VOLUNTEERS B. CANCELLATION OF FEBRUARY 4TH HEARING – WITHDRAWAL OF APPLICATION FOR SPECIAL LIQUOR LICENSE FOR BROWN COUNTY DEMOCRATIC PARTY’S FUNDRAISER ON FEBRUARY 7TH AT 220 SOUTH MAIN STREET. C. ADVERTISEMENTS FOR BIDS – SET BID DATE OF FEBRUARY 19, 2019 AT 2:00 P.M. 1. ACCESSIBLE SIDEWALK QUADRANT IMPROVEMENTS PROJECT (CONC-2019-2) 2. KLINE STREET STORM SEWER IMPROVEMENTS PROJECT (SS-2019-1) 3. 2019 WATERMAIN & SEWER PIPE, FITTINGS & ACCESSORIES, MANHOLE COVERS, INLET FRAMES & GRATES D. SET JOINT HEARING DATE OF FEBRUARY 25, 2019 AT 5:30 P.M. FOR A PETITION TO REZONE FROM (A-1) DISTRICT AND (M-AG) DISTRICT TO (A-1) DISTRICT FOR PROPOSED LOT 2, ROHR FOURTH SUBDIVISION AND FROM (A-1) DISTRICT TO (M-AG) DISTRICT FOR PROPOSED LOT 1, ROHR FOURTH SUBDIVISION (12989 AND 12994 ROHR DRIVE) E. LICENSES: 1. MASTER PLUMBER – ANDREW JONDAHL 2. RESIDENTIAL BUILDING CONTRACTOR – NATHAN RAFFETY F. LOTTERY NOTICE – MAY OVERBY PTA – RECEIVE AND PLACE ON FILE 6. NEW BUSINESS A. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR THE BROWN COUNTY REGIONAL COMMUNICATIONS CENTER – POSSIBLE APPROVAL OF AMENDMENT TO THE AGREEMENT AS RECOMMENDED BY THE BROWN COUNTY REGIONAL COMMUNICATIONS COUNCIL B. REQUEST TO PURCHASE A 2019 JOHN DEERE BACKHOE FROM MINNESOTA STATE CONTRACT LISTINGS FROM RDO EQUIPMENT FOR THE PUBLIC WORKS WATER DIVISION IN THE AMOUNT OF $152,390 – POSSIBLE APPROVAL OF THE PURCHASE OF BACKHOE FROM RDO EQUIPMENT C. BILLS: APPROVAL OF BILL LIST FOR FEBRUARY 4, 2019 D. PAYROLL FOR THE PERIOD FROM JANUARY 20, 2019 THROUGH FEBRUARY 2, 2019 AND CITY SHARE OF SOCIAL SECURITY, OLD AGE & SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE – POSSIBLE APPROVAL OF THE PAYROLL E. CITY MANAGER’S REPORT 7. ADJOURN Page 1 of 58 02/01/2019 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. Page 2 of 58 02/01/2019  CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, January 28, 2019 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Levsen presiding. Present at roll call were City Council Members David Bunsness, Alan Johnson, Dennis “Mike” Olson, Mark Remily, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Council Member Dave Lunzman was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Karl Alberts, Dave McNeil, and Tom Wanttie. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Slaight-Hansen, second by Olson to approve the minutes of January 22, 2019, as circulated. All present voting aye, motion carried. PROCLAMATION Mayor Levsen read and proclaimed January 27 – February 2, 2019 as “Aberdeen Catholic Schools Week”. President Weisz of Roncalli School was present to receive the proclamation. OPEN FORUM – No one was present. CONSENT CALENDAR Motion by Ronayne, second by Remily to approve the following items on the consent calendar: LICENSES – Private Security – Traci Denis; Taxi Cab Driver – Lee Butler DEPARTMENTS BOARDS’ REPORTS AND MINUTES – Aberdeen Airport Board Meeting Minutes; Aberdeen City Planning Commission Meeting Minutes; K. O. Lee Aberdeen Public Library Board of Trustees Meeting Minutes; Park & Recreation Board Meeting Minutes – receive and place on file. LOTTERY NOTICE – Aberdeen Area Chaplains Corps.-Christian Fellowship – receive and place on file. All present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 19-01-01 City Finance Officer Karl Alberts presented Ordinance No. 19-01-01 authorizing the issuance and sale of bonds for Tax Increment Financing (TIF) District #29 with a maximum allowable issuance amount of $3,104,000. Motion by Rux, second by Ronayne to approve first reading of Ordinance No. 19-01-01. Upon roll call, all present voting aye, motion carried. HEARING ON SALE OF FORMER LIBRARY PROPERTY Mayor Levsen opened the hearing for final approval of the sale of the former Alexander Mitchell Library surplus real property. No one was present in opposition to the sale of the property. Mayor Levsen closed the hearing. Motion by Olson, second by Rux to approve the sale of property at 503 and 510 South Kline Street to Kline Street, LLP for the purchase price of Page 3 of 58 02/01/2019 $525,000 less closing costs and authorize the Mayor and City Manager to execute documents necessary to conclude the sale of the real property. All present voting aye, motion carried. HEARING ON SPECIAL LIQUOR LICENSE Mayor Levsen opened the hearing on applications for Special Retail On-Sale Liquor Licenses for Aberdeen Area Chamber of Commerce’s Business After Hours on February 14th at Plains Commerce Bank, 524 South Dakota Street, and on March 14th at Boys & Girls Club, 1121 – 1st Ave., SE. No one was present in opposition to the issuance of the Special Liquor Licenses to Aberdeen Area Chamber of Commerce. Mayor Levsen closed the hearing. Motion by Remily, second by Slaight-Hansen to approve the Special Retail Liquor Licenses for Aberdeen Area Chamber of Commerce on February 14th at Plains Commerce Bank and on March 14th at Boys & Girls Club. All present voting aye, motion carried. PARKING DIST ASSESSMENT ABATEMENTS City Finance Officer Karl Alberts presented a request from the Brown County Auditor’s Office for approval of parking district assessment abatements for 204 South Main Street in the amount of $223.08 and for 321 South Main Street in the amount of $2,058.46 due to a historical freeze missed on the properties causing a higher parking assessment. Motion by Bunsness, second by Johnson to approve the parking district assessment abatements in the total amount of $2,281.54. All present voting aye, motion carried. GRANT WARD FOR RIDE LINE Aberdeen Ride Line Manager Tom Wanttie explained the FY 19 Section 5310 Grant Agreement Award from the SD Department of Transportation for preventative maintenance on Ride Line buses for a Federal Share in the amount of $12,020.16 and a Local Share in the amount of $3,005.04 for a total grant of $15,025.20. Motion by Bunsness, second by Johnson to approve and authorize the City Manager to sign the grant agreement from SD Department of Transportation for Ride Line. All present voting aye, motion carried. BILLS Motion by Ronayne, second by Bunsness to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 12,449.49; Tom Aman 1,205.82; Business Improvement District 72.18; United Parcel Service 106.50; Keith Sharisky 118.68; Karl Lee 25.89; Brandon Holweger 25.00; Dell Hall 40.95; Stonewine Properties 40.71; Borns Group 4,248.41; CVB 19,613.72; ETS Corp. 1,500.00; Dacotah Bank 5,000.00; Plug N Pay 1,000.00; Infintech 1,000.00. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander gave the City Manager’s Report. No vaping report was given by the Police Department due to manpower issues. Lander discussed the system development charges, pigeon control proposals, Wylie Campground registrations, Elm Lake Dam Spillway Replacement legislation, and the ribbon cutting for the new jet boarding bridge at the Airport. Also, there will be no solid waste collections on Wednesday in the City. Page 4 of 58 02/01/2019  There being no further business, motion by Johnson, second by Bunsness that the meeting be adjourned. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. Page 5 of 58 02/01/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting February 4, 2019 4A Date: Agenda Section Originating Old Business Finance Dept: Resolution N/A Ordinance Prepared 19-01-01 by: Karl Alberts No. of Attachments Presented 7 pages Karl Alberts by: Item: Request Council pass second reading and final adoptionof Ordinance 19- 01-01 authorizing the issuance and sale of bonds for Tax Increment Financing (TIF) District #29 with a maximum allowable issuance amount of $3,104,000. City Manager’s Proposed Action: Motion by ___________ and second by ____________ to approve second reading and final adoption of Ordinance 19- 01-01. Overview: This ordinance is being requested by the Finance Office in accordance with the project plan approved for TIF District #29. Primary/Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: Ordinance 19-01-01 Page 6 of 58 02/01/2019  ORDINANCE NO. 19-01-01 ORDINANCE GIVING APPROVAL TO THE ISSUANCE AND SALE OF TAX INCREMENTAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $3,104,000 TO FINANCE THE PROJECT FOR TAX INCREMENT DISTRICT NUMBER 29, AUTHORIZING THE EXECUTION THEREOF AND APPROVAL OF RELATED DOCUMENTS WHEREAS, the City Council has established Tax Increment District Number 29; and WHEREAS, the City has approved a Project Plan for Tax Increment District Number 29; and WHEREAS, the City is authorized by South Dakota Codified Laws Chapter 11-9 to issue bonds to finance project costs associated with Tax Increment District Number 29. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aberdeen as follows: Section 1. Definitions. In addition to the words and terms elsewhere defined in this Bond Ordinance (including the preamble hereto), the following words and terms used in this Bond Ordinance shall have the following meanings: “Act” means South Dakota Codified Law Chapter 11-7. “Authorized Officer” means the Mayor, Finance Officer, City Manager, or such other officer authorized to act for the City. “Bonds” means not to exceed $3,104,000 Tax Increment Revenue Bonds (Tax Increment District 29), Series 2019. “City” means the City of Aberdeen, South Dakota. “City Council” means the Aberdeen City Council. “District” means Tax Increment District Number 29. “Ordinance” means this Ordinance. “Project” means the project costs of the District including infrastructure costs associated with the extension of water, sewer, electrical and storm drainage improvements associated with the creation of 32nd Ave NE, Nano Nagle Ave. NE, 34th Ave NE and the extension of North Congress Street, as detailed in the Project Plan. “Project Plan” means the project plan adopted by the City Council for Tax Increment District Number 29. 1 Page 7 of 58 02/01/2019 “Tax Increment Fund” means the special fund created for the District into which the Tax Increment is deposited. “Tax Increment” means the positive tax increments of the District. Section 2. Declaration of Necessity. The City Council does hereby find and declare a necessity to issue the Bonds in connection with District and use the proceeds therewith to pay for the Project. Section 3. The Bonds. It is hereby determined to be necessary and in the best interests of the City and its inhabitants that this City Council authorize, issue and sell the Bonds. The Authorized Officers are authorized to approve the sale and terms of the Bonds subject to the limitations of the law and this Ordinance. The City does hereby authorize the Bonds in an amount not to exceed $3,104,000 in one or more series upon such terms and in such amounts as are negotiated with the purchasers of the Bonds. The Bonds are issued by the City without an election pursuant to SDCL §11-9-34. Section 4. Bond Documents. Either Authorized Officer is hereby authorized and directed, in the name and on behalf of the City, to negotiate, execute and deliver the bond purchase agreement with the purchasers setting forth the terms of the Bonds and the sale thereof, and containing such other covenants and agreements of the City as may be required by the Purchasers in connection therewith, in the form as an Authorized Officer may approve, all within the limitations set forth herein. Either Authorized Officer is hereby authorized, empowered and directed, in the name and on behalf of the City, to execute the Bonds by manual or facsimile signature, and to deliver the Bonds to the purchasers in exchange for the purchase price therefor. Section 5. Registration. The City hereby appoints the Finance Officer as paying agent, registrar and transfer agent (the "Registrar") for the Bonds. The City reserves the right to appoint a financial institution as Registrar upon thirty (30) days’ notice. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: Section 6. Security Provisions; Funds and Accounts and Other Covenants and Determinations. 6.01. Pledge Tax Increments. The Tax Increment is irrevocably pledged and appropriated to the payment of the Bonds. 6.02. Tax Increment Fund. The Tax Increment Fund may only be used to pay Project costs, reimburse the City for payments, or to pay principal and interest on the Bonds. 6.03. Defeasance. When all the Bonds issued have been discharged as provided in this section, all pledges, covenants, and other rights granted by this Ordinance to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by providing to the Paying Agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by providing to the Paying Agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its liability with reference to all Bonds which are called for redemption on any date in accordance with their terms by depositing funds with the Paying Agent on or before that date in accordance with their terms by depositing funds with the 2 Page 8 of 58 02/01/2019  Paying Agent on or before that date, in an amount equal to the principal, interest, and premium, if any, which are then due thereon, provided that notice of such redemption has been duly given. The City may also at any time discharge this issue of Bonds in its entirety, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or United States government obligations which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to provide funds (without an reinvestment) sufficient to pay all principal, interest and premiums, if any, to become due on all Bonds on and before maturity, or, if a Bond has been duly called for redemption, on or before the designated redemption date. Section 7. Pledge of State of South Dakota. Pursuant to SDCL § 11-9-39.1, the state of South Dakota does pledge to and agree with the holders of any obligations issued under SDCL Chapter 11-9 that the state will not alter the rights vested in the bond holders until such bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. Section 8. Certification of Proceedings. The officers of the City are authorized and directed to prepare and furnish to the purchasers of the Bonds certified copies of all proceedings and records of the City relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the correctness of the facts recited therein and the action stated therein to have been taken. The City does hereby declare its official intent to reimburse the capital expenditures made with respect to the Project with proceeds of the Bonds. Section 9. Retention of Bond Council. Meierhenry Sargent LLP is hereby retained as bond counsel for the Bonds and the Mayor, City Manager and Finance Officer are authorized to enter into an engagement letter with the firm. Section 10. Tax Matters. 10.01. The City covenants and agrees with the registered owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the basic interest on the Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations. 10.02. The Mayor, City Manager and the Finance Officer, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Ordinance are hereby authorized and 3 Page 9 of 58 02/01/2019 directed to execute and deliver to the purchasers thereof a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner that would not cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the Regulations. 10.03. The City shall file with the Secretary of the Treasury a statement concerning the Bonds containing the information required by Section 149(e) of the Code. 10.04. [Pursuant to Section 265(b)(3)(B)(ii) of the Code, the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. The City hereby represents that it does not anticipate that obligations bearing interest not includable in gross income for purposes of federal income taxation under Section 103 of the Code (including refunding obligations as provided in Section 265 (b) (3) of the Code and including "qualified 501 (c)(3) Bonds" but excluding other "private activity bonds," as defined in Sections 141(a) and 145(a) of the Code) will be issued by or on behalf of the City and all "subordinate entities" of the City in 2019 in an amount greater than $10,000,000. ] Section 11. MISCELLANEOUS 11.01. Failure to Present Bonds. In the event any Bond shall not be presented for payment when the principal or redemption price hereof becomes due, either at maturity or at the date fixed for prior redemption thereof or otherwise, and in the event monies sufficient to pay such Bond shall be held by the Registrar for the benefit of the owners thereof, all liability of the City to such owners for the payment of such Bond shall forthwith cease, determine, and be completely discharged. Whereupon, the Registration Agent shall hold such monies, without liability for interest thereon, for the benefit of the owners of such Bond who shall thereafter be restricted exclusively to such monies for any claim under the Ordinance or on, or with respect to, said Bond. If any Bond shall not be presented for payment within a period of Six years following the date when such Bond becomes due, whether by maturity or otherwise, the Registration Agent shall, subject to the provisions of any applicable escheat or other similar law, pay to the City any monies then held by the Registration Agent for the payment of such Bond and such Bond shall (subject to the defense of any applicable statute of limitation) thereafter constitute an unsecured obligation of the City. 11.02. Payments Due on Saturdays, Sundays, and Holidays. In any case where the date of maturity or interest on or principal of any Bond, or the date fixed for redemption of any Bond, shall be a Saturday or Sunday or shall be, at the place designated for payment, a legal holiday or a day on which banking institutions similar to the Registration Agent are authorized by law to close, then the payment of the interest on, or the principal, or the redemption price of, such Bond need not be 4 Page 10 of 58 02/01/2019 made on such date but must be made on the next succeeding day not a Saturday, Sunday, or a legal holiday or a day upon which banking institutions similar to the Registration Agent are authorized by law to close, with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period after such date. 11.03. Miscellaneous Acts. The appropriate officers of the City are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or record, or cause to be filed or recorded, in any appropriate public offices, all such documents, instruments, and certifications, in addition to those acts, things, documents, instruments, and certifications hereinbefore authorized and approved, as may, in their discretion, be necessary or desirable to implement or comply with the intent of this Bond Ordinance, or any of the documents herein authorized and approved, or for the authorization, issuance, and delivery by the City of the Bonds. 11.04. Amendment. The City is hereby authorized to make such amendments to the Bond Ordinance as will not impair the rights of the Bondholders. 11.05. No Recourse Under the Bond Ordinance or on Bonds, all stipulations, promises, agreements, and obligations of the City contained in this Ordinance shall be deemed to be the stipulations, promises, agreements, and obligations of the City and not of any officer, director, or employee of the City in his or her individual capacity, and no recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this Ordinance against any officer, director, or employee of the City or against any official or individual executing the Bonds. 11.06. Partial Invalidity. If any one or more of the provisions of this Bond Ordinance, or of any exhibit or attachment thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Bond Ordinance, and the exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be. 5 Page 11 of 58 02/01/2019 11.07. Post Issuance Compliance Procedures. The City does hereby adopt the Meierhenry Sargent LLP manual as its written procedures concerning post issuance compliance with the Internal Revenue Code for the Bonds. The Finance Officer is designated as the post issuance compliance officer. ATTEST: ________________________________ Mayor _____________________________ Finance Officer First Reading______________, 2019 Adopted: ______________, 2019 Approved: ______________, 2019 Published: ______________, 2019 The motion for adoption of the foregoing Ordinance was duly seconded by Councilman__________________, and upon vote being taken thereof, the following voted YEA: and the following voted NAY: Whereupon said Ordinance was declared duly passed and adopted. _________________________________ ATTEST: Mayor __________________________ Finance Officer 6 Page 12 of 58 02/01/2019 STATE OF SOUTH DAKOTA ) :SS COUNTY OF BROWN ) I, the undersigned, being the duly qualified and acting Finance Officer of the City of Aberdeen, South Dakota, do hereby certify that the attached and foregoing is a full, true and complete transcript of the Minutes of a meeting of the City Common Council held on the ______ day of ___________, 2019, insofar as the original meeting relates to proceedings for the Ordinance Authorizing the Sale of Said Tax Incremental Revenue Bonds. WITNESS my hand and official seal of this said City this ______ day of __________, 2019. ________________________________ Finance Officer City of Aberdeen, South Dakota 7 Page 13 of 58 02/01/2019  City of Aberdeen - Request for Council Action February 4, 2019 Agenda Section – Consent Calendar - This request for Council Action lists all the items which have been included in the consent agenda for this meeting. The City Council can approve all of the items with a single motion to approve. The Mayor will allow the Council Members an opportunity to state whether there are any of these items which you wish to have removed from the Consent Agenda approval and to have discussed and acted upon separately by the City Council. Items: A. WORKERS COMPENSATION COVERAGE FOR THE CITY OF ABERDEEN VOLUNTEERS B. CANCELLATION OF FEBRUARY 4TH HEARING – WITHDRAWAL OF APPLICATION FOR SPECIAL LIQUOR LICENSE FOR BROWN COUNTY DEMOCRATIC PARTY’S FUNDRAISER ON FEBRUARY 7TH AT 220 SOUTH MAIN STREET. C. ADVERTISEMENTS FOR BIDS – SET BID DATE OF FEBRUARY 19, 2019 AT 2:00 P.M. 1. ACCESSIBLE SIDEWALK QUADRANT IMPROVEMENTS PROJECT (CONC-2019-2) 2. KLINE STREET STORM SEWER IMPROVEMENTS PROJECT (SS-2019-1) 3. 2019 WATERMAIN & SEWER PIPE, FITTINGS & ACCESSORIES, MANHOLE COVERS, INLET FRAMES & GRATES D. SET JOINT HEARING DATE OF FEBRUARY 25, 2019 AT 5:30 P.M. FOR A PETITION TO REZONE FROM (A-1) DISTRICT AND (M-AG) DISTRICT TO (A-1) DISTRICT FOR PROPOSED LOT 2, ROHR FOURTH SUBDIVISION AND FROM (A-1) DISTRICT TO (M-AG) DISTRICT FOR PROPOSED LOT 1, ROHR FOURTH SUBDIVISION (12989 AND 12994 ROHR DRIVE) E. LICENSES: 1. MASTER PLUMBER – ANDREW JONDAHL 2. RESIDENTIAL BUILDING CONTRACTOR – NATHAN RAFFETY F. LOTTERY NOTICE – MAY OVERBY PTA – RECEIVE AND PLACE ON FILE C:\Users\file.finance\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\4APLA05U\Request for Cl Action - Consent Calendar (003).doc Page 14 of 58 02/01/2019  4 5A Page 15 of 58 02/01/2019 Page 16 of 58 02/01/2019 Page 17 of 58 02/01/2019 Page 18 of 58 02/01/2019 Page 19 of 58 02/01/2019 Page 20 of 58 02/01/2019 Page 21 of 58 02/01/2019 Page 22 of 58 02/01/2019 Page 23 of 58 02/01/2019 Page 24 of 58 02/01/2019 Page 25 of 58 02/01/2019 Page 26 of 58 02/01/2019 Page 27 of 58 02/01/2019 Page 28 of 58 02/01/2019 Page 29 of 58 02/01/2019 Page 30 of 58 02/01/2019 Page 31 of 58 02/01/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: 2/4/19 6A Agenda Section New Business Originating Dept: City Attorney Ord/Res Prepared by: City Attorney No. of 3 Presented by: City Attorney Attachments Item: Possible approval of amendment to Intergovernmental Agreement For The Brown County Regional Communications Center. City Manager’s Proposed Action: Motion by __________ second by _________ to approve the amendment to the Intergovernmental Agreement For The Brown County Regional Communications Center as recommended by the Brown County Regional Communications Council, and to authorize the City Manager to execute the same. Overview: The Brown County Regional Communications Council (CC), at its regular meeting on January 24, 2019, recommended approval of the attached Intergovernmental Agreement For The Brown County Regional Communications Center. The CC recommends that the Agreement, originally executed in 2006, be revised as follows:  Clarify the duties of the CC;  Add the Aberdeen School District as a fifth member of the CC to avoid tie votes;  Reduce the required meetings of the CC from three to two;  Better describe the Center Director’s selection and duties;  Clarify the process for proposing the annual budget of the Center;  Make the Agreement permanent but permit either party to terminate it upon 180 days notice;  Require the City to also cover the Center under its insurance policy; and  Reorganize several of the sections and generally cleanup the language and headings of the Agreement Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: None Attachments: 1. Intergovernmental Agreement For The Brown County Regional Communications Center, clean copy approved by the Communications Council; 2. Intergovernmental Agreement For The Brown County Regional Communications Center, redlined copy showing changes to original agreement; 3. Unapproved Minutes of the 1-24-2019 Communications Council meeting. Page 32 of 58 02/01/2019  INTERGOVERNMENTAL AGREEMENT FOR THE BROWN COUNTY REGIONAL COMMUNICATIONS CENTER BROWN COUNTY AND CITY OF ABERDEEN Effective beginning January 1, 2019, the following agreement, terms and conditions are entered upon. I. PARTIES TO AGREEMENT The parties to this agreement shall be: A. The COUNTY OF BROWN, South Dakota, a political subdivision of the State of South Dakota, as created pursuant to the provisions of SDCL 7-1-7, hereafter referred to as “the County”; and B. The CITY OF ABERDEEN, a South Dakota municipal corporation, as created pursuant to the general provisions of SDCL 9-1-1(1) and SDCL 9-3-1, et. seq., hereafter referred to as “the City”. II. NAME OF ORGANIZATION The name of the body created pursuant to this agreement shall be known as the Brown County Regional Communications Council, hereafter referred to as “the Communications Council”. The Communications Council and the consolidated public safety communications functions described and authorized herein shall serve a geographical area limited primarily to the boundaries of Brown County, although it is recognized that the functions performed under this agreement may extend beyond these boundaries and operate in counties contiguous to Brown County. III. STATUTORY AUTHORITY FOR AGREEMENT The parties hereto form the Communications Council under the authority granted by SDCL 1-24-1, et. seq., which allows powers, privileges, or authority of a public agency as exercised or capable of being exercised to be jointly exercised with another public agency, as the term “public agency” is defined in SDCL 1-24-2, under such powers, privileges, or authority as allowed by law governing the parties. The parties hereto recognize that the facilities and equipment made part of this agreement may, on occasion, be needed for emergency and disaster services as Page 33 of 58 02/01/2019 defined and set forth in SDCL Ch. 33-5. When such facilities and equipment are required upon a declaration of emergency by the Governor of the State of South Dakota, as set forth in SDCL 33-15-8, the parties hereto shall allow the facilities and equipment to be used for purposes to comply with a declaration of emergency. IV. SCOPE AND PURPOSES OF AGREEMENT The parties recognize the need to consolidate all public safety communications within Brown County at one location in order to provide the most efficient method of dealing with the services to the public that are provided by each party hereto. “Public safety communications” shall be considered to mean, but shall not be limited to, emergency telephone system “911” service, dispatching law enforcement, firefighting, and emergency medical services, alarm monitoring, and such other communications that are compatible with the purposes of this agreement. Such public safety communications shall also include maintenance of essential records and such other support functions as are necessary to fulfill this agreement. This consolidated public safety communications effort shall be hereafter known as the Brown County Regional Communications Center, hereafter referred to as “the Center”, shall be designated as a Department of Brown County with all rights and responsibilities provided pursuant to the policies and procedures of Brown County, including but not limited to authorization for the Center to do procurement in accordance with current County procurement regulations and personnel recruitment, selection, and termination in accordance with County regulations. The Brown County Commission concurs in expenditure of funds only as to adherence to County Procurement regulations. The Communications Council shall assume the responsibility of overseeing budgetary and fiscal matters of the Center and providing recommendations to the County Commission and City Council regarding appropriations. V. LOCATION OF FACILITIES AND EQUIPMENT The Center facilities and equipment subject to this agreement shall be maintained in its present location in the Brown County Courthouse Annex Building until such time as the Communications Council determines another location would provide a more efficient operational center. Portable equipment subject to this agreement shall be placed in such vehicular units and locations of the parties as are necessary to carry out the functions and purposes of this agreement. VI. MEMBERSHIP OF THE COUNCIL The Communications Council shall consist of five members. The County shall be Page 34 of 58 02/01/2019 represented by two members from the Brown County Commission, who shall be the Chairperson of the Brown County Commission, or designated alternate, and one other member of the Brown County Commission, who will also serve as liaison to the Center. The City shall be represented by two members from the City Council, who shall be the Mayor of the City of Aberdeen, or designated alternate, and the Deputy Mayor, who will also serve as liaison to the Center. The fifth member of the Communications Council shall be the School Board President, or designated alternate, for Aberdeen Public School District 6-1. Each member is entitled to one vote and may vote on all matters. A majority vote is required to approve the matter voted upon. A designated alternate shall be named by informing the other members of the Communications Council in writing. A designated alternate's authority may be revoked at any time by the naming member provided written notice is given to the other members. A designated alternate shall have the same authority as the naming member. A designated alternate may be a member of the Users Committee as that committee is defined in paragraph IX hereafter. A Chairperson and Vice-Chairperson of the Communications Council shall be elected at its first meeting each year. VII. MEETINGS OF THE COUNCIL The Communications Council shall meet regularly two (2) times annually, generally during January and July. Special meetings of the Communications Council may be held at any time or location upon request of any member of the Communications Council or the Center Director. Meetings of the Communications Council shall be conducted in accordance with SDCL Ch. 1-25, as amended. Except where there is conflict with this agreement, meetings shall be conducted in accordance with Robert’s Rules of Order Newly Revised. VIII. CENTER DIRECTOR The Center Director of Communications shall be the Brown County Sheriff, if such official is willing to serve as Center Director. If the Brown County Sheriff is unwilling to serve as Center Director, the Center Director shall be a Brown County resident appointed by majority vote of the Communications Council. The Center Director shall be responsible for the operation of the Center. The Center Director shall be responsible for all personnel matters including hiring, promotion, and termination of a 911 Director and all other personnel. Page 35 of 58 02/01/2019  The Communications Council shall annually determine the compensation of the Center Director. The Center Director will act as the NCIC Terminal Control Officer, and shall have the authority to enter into contractual agreements regarding the NCIC terminal operation. Pursuant to the directions of the U.S. Department of Justice, National Crime Information Center (NCIC), Part IV of NCIC Computerized Criminal History Program, NLETS policies governing the interstate exchange of criminal justice information, and policies of South Dakota Law Enforcement Telecommunications Systems (SDLETS), the Communications Council delegates to the Center Director management control over the computer terminals connected directly with the SDLETS computer and indirectly with NCIC and/or NLETS computers for the interstate exchange of criminal history information and other criminal information. It is further agreed that the Center Director shall have the authority to set and enforce: (1) Priorities of the Center; (2) Standards for the selection, supervision, and termination of Center personnel; and (3) Policy governing the operation of computer terminals used to process criminal justice information. This agreement covers the overall supervision of applicable equipment and operation procedures of any criminal justice program that may be subsequently designed and implemented by the Center. IX. USERS COMMITTEE A Users Committee, at its discretion, may meet quarterly on the second Wednesday of the following months: * March * June * September * December Special meetings of the Users Committee may be held at any time or location upon request of any member of the Users Committee or the Council. The personnel that make up the Users Committee should be direct users of the system, rather than management, and will consist of the following personnel: 1. 911 Director (Chairperson) 2. Assistant 911 Director 3. Dispatcher 4. Representative of the County Fire Chief's Association 5. Aberdeen Fire representative 6. Aberdeen Police representative Page 36 of 58 02/01/2019  7. Brown County Sheriff representative 8. Groton PD representative 9. Aberdeen Advanced Care Ambulance representative 10. Rural ambulance service representative (as determined by the Fire Chief’s Association) 11. Emergency Medical Director 12. Brown County Emergency Management representative The Users Committee may advise and assist the Center Director and Communications Council as follows: * Set and review performance objectives * Review actual performance against those objectives * Identify training needs for the public, field responders, and dispatchers * Develop training to meet those needs * Identify policy and procedure needs * Develop and review Center policies and procedures * Develop coordinated interagency response goals X. EMPLOYEES The Center Director shall be responsible for all employment decisions in accordance with the Brown County Employment Handbook. All Center staff will be employees of the County subject to its personnel rules and regulations as managed by the Center Director. XI. OPERATIONS The operation of the Center shall be governed by the following general operational parameters: 1. The fiscal year of the Center shall be the calendar year. The Center Director shall present a requested annual budget to the Communications Council at its second regular meeting. The Communications Council shall approve a proposed annual budget. The proposed annual budget thereafter shall be presented by the Center Director to the City and County governing bodies during the normal budget approval process. The budget as finally approved shall include all costs necessary to carry out the Center’s functions. 2. The Center’s budget will be administered by Brown County. 3. All 911 surcharge monies will be under the control of the Brown County Page 37 of 58 02/01/2019  Commission and will be maintained in an account established for said purpose. 4. Each user of the Center agrees to fund and maintain such equipment as necessary for its operation as it relates to this agreement. The Center will not supply vehicle or personal radios/equipment to individuals or departments. The users agree to use such equipment as is compatible with Center equipment. The current policy of dispatchers being liaisons to the public after normal duty hours of the Aberdeen Police Department will continue in effect until such other time as may be agreed between the parties. 5. All fees acquired from users and any assets or resources of the Center shall be deposited with the Brown County Treasurer and shall be considered as part of the anticipated revenues of the Center as determined in its annual budget. Enterprise activities named by the Center may include but are not limited to: Management of alarms located in the Center Management of Law Enforcement Users Computer Software Other Dispatch Services Radio and Electronic Maintenance Telephone and Accessory Hardware Provision and Service The Center will maintain a separate account for the receipt and disbursement of 911 surcharge monies. 6. The Center will maintain the equipment on inventory, either by maintenance contract or by other arrangement deemed suitable at the direction of the Communications Council. 7. The Communications Council will have the power to apply for, receive and expend grants of money from any local, state or federal government and from any private individuals, foundation or corporation . 8. 911 and related dispatch service will first be provided to Brown County and the City of Aberdeen before service to other counties or municipalities is considered. XII. FUNDING The Center will be funded using the following method: The annual budget will be reduced by the anticipated revenues generated by the Center. The remaining unfunded costs will be divided equally by the parties to this Page 38 of 58 02/01/2019 agreement. XIII. TERM AND TERMINATION This agreement shall be effective beginning on January 1, 2019. This agreement will terminate one hundred eighty (180) days following forwarding of written notice of termination by one party to the other. This agreement revokes and supersedes all previous agreements between the parties for public safety communications functions, including that certain Intergovernmental Agreement between the parties dated November 7, 2006, and most recently renewed on October 1, 2016. XIV. DISSOLUTION Upon termination of the Communications Council, all property listed on the inventory of the Center will become the sole property of Brown County. XV. AMENDMENTS This agreement may be amended, modified, or altered only by unanimous agreement of the members of the Communications Council and upon joint action of the parties. XVI. GENERAL CONDITIONS Record keeping and audits: The parties to this agreement acknowledge that each has an obligation to maintain accurate records. Upon reasonable notice, each party shall have a right to inspect and audit the other party's operation, records and maintenance and security of law enforcement data. Once performed, the results of the audit shall be made available, upon request, to the governing bodies of Brown County and the City of Aberdeen. Indemnification: Through errors and omissions, negligence, or intentional acts, if either party to this agreement causes damage or loss to any other party whether to files, programs, records, data, equipment, hardware or software, or otherwise, the party causing such damage shall indemnify the injured party and shall hold the injured party harmless for all such damages, costs, reasonable attorney fees, and related expenses. Insurance: The Center shall be covered under a policy maintained by Brown County in the minimum amount of $1,000,000. The Center also shall be covered under a policy maintained by the City in the minimum amount of $1,000,000. Page 39 of 58 02/01/2019  Non-discrimination: All parties hereto shall fully comply with applicable federal and state regulations, agreeing specifically not to discriminate against any person on account of race, disability, color, sex, age, religion or national origin. IN WITNESS WHEREOF the parties hereto agree and do now set their hands and seals in execution of this agreement on the day and year indicated below. The foregoing Intergovernmental Agreement For The Brown County Regional Communications Center is hereby approved and ratified by the Aberdeen City Council this day of , 2019. Lynn Lander, City Manager ATTEST: Karl Alberts, Finance Officer The foregoing Intergovernmental Agreement For The Brown County Regional Communications Center is hereby approved and ratified by the Brown County Board of Commissioners this day of , 2019. Doug Fjeldheim, Chairman ATTEST: Maxine Fischer, Auditor Page 40 of 58 02/01/2019  INTERGOVERNMENTAL AGREEMENT FOR THE BROWN COUNTY REGIONAL COMMUNICATIONS CENTER BROWN COUNTY AND CITY OF ABERDEEN Effective beginning January 1, 2019On this 7 day of November , 2006, the following agreement, terms and conditions are entered upon. I. PARTIES TO AGREEMENT I. The parties to this agreement shall be: A. The COUNTY OF BROWN, South Dakota, a political subdivision of the State of South Dakota, as created pursuant to the provisions of SDCL 7-1-7, hereafter referred to as “the County”; and B. The CITY OF ABERDEEN, South Dakota, an incorporated municipalitya South Dakota municipal corporation, as created pursuant to the general provisions of SDCL 9-1-1(1) and SDCL 9-3-1, et. seq., hereafter referred to as “the City”. II. NAME OF ORGANIZATION II. The name of the body created pursuant to this agreement shall be known as the Brown County Regional Communications Council, hereafter referred to as “the Communications Council”. The Communications Council and the consolidated public safety communications functions described and authorized herein shall serve a geographical area which shall primarily be limited primarily to the boundaries of Brown County, although it is recognized that the functions performed under this agreement may extend beyond these boundaries and operate in counties contiguous to Brown County. III. STATUTORY AUTHORITY FOR AGREEMENT III. The parties hereto form the Communications Ccouncil under the authority granted by SDCL 1-24-1, et. seq., which allows powers, privileges, or authority of a public agency as exercised or capable of being exercised, to be jointly exercised with Page 41 of 58 02/01/2019 another public agency, as the term “public agency” is defined in SDCL 1-24-2, under such powers, privileges, or authority as allowed by law governing the parties. The parties hereto recognize that the facilities and equipment made part of this agreement may, on occasion, be needed for emergency and disaster services as defined and set forth in SDCL Ch. 33-5. When such facilities and equipment are required upon a declaration of emergency by the Governor of the State of South Dakota, as set forth in SDCL 33-15-8, the parties hereto shall allow the facilities and equipment to be used for purposes to comply with a declaration of emergency. IV. SCOPE AND PURPOSES OF AGREEMENT IV. The parties recognize the need to consolidate all public safety communications within Brown County at one location in order to provide the most efficient method of dealing with the services to the public that are provided by each party hereto. “Public safety communications” shall be considered to mean, but shall not be limited to, emergency telephone system “911” service, dispatching law enforcement, firefighting, and emergency medical services, alarm monitoring, and such other communications that are compatible with the purposes of this agreement. Such public safety communications shall also include maintenance of essential records and such other support functions as are necessary to fulfill this agreement. This consolidated public safety communications effort shall be hereafter known as the Brown County Regional Communications Ccenter, hereafter referred to as “the Center”, shall be designated as a Department of Brown County with all rights and responsibilities provided pursuant to the policies and procedures of Brown County, including but not limited to authorization for the Center to do procurement in accordance with current County procurement regulations and personnel recruitment, selection, and termination in accordance with County regulations. The Brown County Commission concurs in expenditure of funds only as to adherence to County Procurement regulations. The Communications Council shall assume the responsibility of overseeing budgetary and fiscal matters of the Center and providing recommendations to the County Commission and City Council regarding appropriations. The Communications Council acknowledges that the Center Director of Communications, (Brown County Sheriff), shall be responsible for all personnel matters including hiring, promotion and termination. The Center Director shall be responsible for the operation of the Brown County Communications Center. V. LOCATION OF FACILITIES AND EQUIPMENT V. Page 42 of 58 02/01/2019  The Communications Center facilities and equipment subject to this agreement shall be maintained in its present location in the Brown County Courthouse Annex Building until such time as the Communications Council determines another location would provide a more efficient operational center. Portable equipment subject to this agreement shall be placed in such vehicular units and locations of the parties as are necessary to carry out the functions and purposes of this agreement. VI. MEMBERSHIP OF THE COUNCIL VI. The Communications Council shall consist of fivefour members., these The County shall be represented by two members from the Brown County Commission, who shall be the Chairperson of the Brown County Commission, or designated alternate, and one other member of the Brown County Commission, who will also serve as liaison to the Center, . The City shall be represented by two members from the City Council, who shall be the Mayor of the City of Aberdeen, or designated alternate, and the Deputy Mayor, who will also serve as liaison to the Center. The fifth member of the Communications Council shall be the School Board President, or designated alternate, for Aberdeen Public School District 6-1. Each member is entitled to one vote and may vote on all matters. A majority vote is required to approve the matter voted upon. A designated alternate shall be named by informing the other members of the Communications Council in writing. A designated alternate's authority may be revoked at any time by the naming member provided written notice is given to the other members. A designated alternate shall have the same authority as the namingany member of the Council including the power to vote on matters before the Council. A designated alternate may be a member of the UsersStandards Committee as that committee is defined in paragraph IXVIII hereafter. TheA Chairperson and Vice-Chairperson of the Communications Council shall be elected by the Council at its first meeting each year. VII. MEETINGS OF THE COUNCIL VII. Thaet Communications Council shall meet regularly two (2)three (3) times annually, generally during January and JulyJanuary, May and October. The meeting of the Council shall be conducted in accordance with SDCL 1-25, as amended. Special meetings of the Communications Council may be held at any time or location upon request of any members of the Communications Council or the Center Director. Meetings of the Communications Council shall be conducted in accordance with Page 43 of 58 02/01/2019 SDCL Ch. 1-25, as amended. Except where there is conflict with this agreement, meetings shall be conducted in accordance with Robert’s Rules of Order Newly Revised. VIII. CENTER DIRECTOR The Center Director of Communications shall be the Brown County Sheriff, if such official is willing to serve as Center Director. If the Brown County Sheriff is unwilling to serve as Center Director, the Center Director shall be a Brown County resident appointed by majority vote of the Communications Council. The Center Director shall be responsible for the operation of the Center. The Center Director shall be responsible for all personnel matters including hiring, promotion, and termination of a 911 Director and all other personnel. The Communications Council shall annually determine the compensation of the Center Director. The Center Director will act as the NCIC Terminal Control Officer, and shall have the authority to enter into contractual agreements regarding the NCIC terminal operation. Pursuant to the directions of the U.S. Department of Justice, National Crime Information Center (NCIC), Part IV of NCIC Computerized Criminal History Program, NLETS policies governing the interstate exchange of criminal justice information, and policies of South Dakota Law Enforcement Telecommunications Systems (SDLETS), the Communications Council delegates to the Center Director management control over the computer terminals connected directly with the SDLETS computer and indirectly with NCIC and/or NLETS computers for the interstate exchange of criminal history information and other criminal information. It is further agreed that the Center Director shall have the authority to set and enforce: (1) Priorities of the Center; (2) Standards for the selection, supervision, and termination of Center personnel; and (3) Policy governing the operation of computer terminals used to process criminal justice information. This agreement covers the overall supervision of applicable equipment and operation procedures of any criminal justice program that may be subsequently designed and implemented by the Center. IX. USERS COMMITTEE VIII. A UsersThe USERS Committee, at itstheir discretion, may meet quarterly on the second Wednesday of the following months: Page 44 of 58 02/01/2019  * March * June * September * December Special meetings of the Users Committee may be held at any time or location upon request of any member of the Users Committee or the Council. The personnel that make up this the Users Ccommittee should be direct users of the system, rather than management, and will consist of the following personnel: 1. 911Communications Director (Chairperson) 2. Assistant 911 DirectorChief Dispatcher (Secretary) 3. Dispatcher 4. Representative of the County Fire Chief's Association 5. Aberdeen Fire representative 6. Aberdeen Police representative 7. Brown County Sheriff representative 8. Groton PD representative 9. Aberdeen Aadvanced Care Ambulance representative 10. Rural ambulance service representative (as determined by the Fire Chief’s Association) 11. Emergency Medical Director 12. State's Attorney 13.12. Brown County Emergency Management representative The Users Committee may advise and assist the Center Director and Communications Council as followsRoles and objectives of the Standards Committee: * Set and review performance objectives * Review actual performance against those objectives * Identify training needs for the public, field responders, and dispatchers * Develop training to meet those needs * Identify policy and procedure needs * Develop and review Center policies and procedures * Develop coordinated interagency response goals The Center Director, (Brown County Sheriff), will act as the NCIC Terminal Control Officer, and shall have the authority to enter into contractual agreements regarding the NCIC terminal operation. Pursuant to the directions of the U.S. Department of Justice, National Crime Information Center (NCIC), Part IV of NCIC Computerized Criminal History Program, NLETS policies governing the interstate exchange of criminal justice information, and Page 45 of 58 02/01/2019 policies of South Dakota Law Enforcement Telecommunications Systems (SDLETS), it is agreed that the Brown County Regional Communications Council delegates to the Brown County Communications Center Director, (Brown County Sheriff), management control over the computer terminals connected directly with the SDLETS computer and indirectly with NCIC and/or NLETS computers for the interstate exchange of criminal history information and other criminal information. It is further agreed that the Brown County Communications Center Director, (Brown County Sheriff), shall have the authority to set and enforce: (1) Priorities; (2) Standards for the selection, supervision and termination of personnel; and policy governing the operation of computer terminals used to process criminal justice information. This agreement covers the overall supervision of applicable equipment and operation procedures of any criminal justice program that may be subsequently designed and implemented by the Brown County Regional Communications Center. X. EMPLOYEES IX. The Center Director of Communications for the Center shall be responsible for all employment decisions in accordance with the Brown County Employment Handbook. All cCenter staff will be employees of theBrown County subject to its personnel rules and regulations as managed by the Center Director of Communications for the Center. XI. OPERATIONS X. The operation of the Center shall be governed by the following general operational parameters: 1. a) The fiscal year of the Center shall be the calendar year. The Center Director shall present a requested annual budget to the Communications Council at its second regular meeting. The Communications Council shall approve a proposed annual budget.Prior to approving the annual budget, the Director and Council shall meet and agree upon a proposed budget. The terms of proposed annual budget thereafterwhich shall be presented by the Center Director to the City and the County governing bodies during the normal budget approval process. The budget as finally approved shall include all costs necessary to carry out the Center’sCouncil's functions. 2. b) The Center’s budget will be administered by Brown County. 3. c) All 911 surcharge monies will be under the control of the Brown County Commission, and will be maintained in an account established for Page 46 of 58 02/01/2019  said purpose. 4. d) Each user of the Center agrees to fund and maintain such equipment as necessary for its operation as it relates to this agreement. The Center will not supply vehicle or personal radios/equipment to individuals or departments. The users agree to use such equipment as is compatible with Center equipment. The current policy of dispatchers being liaisons to the public after normal duty hours of the Aberdeen Police Department will continue in effect until such other time as may be agreed between the parties. 5. e) All fees acquired by the Council from users of the Center or any of its and any assets or resources of the Center shall be deposited with the Brown County Treasurer and shall be considered as part of the anticipated revenues of the CenterCouncil as determined in its annual budget. Enterprise activities named by the Center may include but are not limited to: Management of alarms located in the Center Management of Law Enforcement Users Computer Software Other Dispatch Services Radio and Electronic Maintenance Telephone and Accessory Hardware Provision and Service The Center will maintain a separate account for the receipt and disbursement of 911 surcharge monies. 6. f) The Center will maintain the equipment on inventory, either by maintenance contract or by other arrangement deemed suitable at the direction of the Communications Council. 7. g) The Communications Council will have the power to apply for, receive and expend grants of money from any local, state or federal government and from any private individuals, foundation or corporation . 8. h) 911 and related dispatch service will first be provided to Brown County and the City of Aberdeen before service to other counties or municipalities is considered. XII. FUNDING XI. The Center will be funded using the following method: The annual budget will be reduced by the anticipated revenues generated by the Page 47 of 58 02/01/2019 cCenter. The remaining unfunded costs will be divided equally by the parties to this agreement. XIII. TERM AND TERMINATION XII. This amended agreement shall extendbe effective for a period of five years beginning on January 1, 2019October 1, 2006, and extending through September 30, 2011; further, this agreement may be automatically renewed for like successive periods unless either party moved for termination. This agreement will terminate one hundred eighty (180) days following forwarding of written notice of termination by one party to the other. This agreement revokes and superscedes all previous agreements between the parties for public safetyEmergency Ccommunications functions, including that certain Intergovernmental Agreement between the parties dated November 7, 2006, and most recently renewed on October 1, 2016. XIV. DISSOLUTION XIII. Upon termination of the Communications Council, all property listed on the inventory of the Center will become the sole property of Brown County. XV. AMENDMENTS XIV. This agreement may be amended, modified, or altered only by unanimous agreement of the members of the Communications Council and upon joint action of the parties. XVI. GENERAL CONDITIONS XV. Record keeping and audits: The parties to this agreement acknowledge that each has an obligation to maintain accurate records. Upon reasonable notice, each party shall have a right to inspect and audit the other party's operation, records and maintenance and security of law enforcement data. Once performed, the results of the audit shall be made available, upon request, to the governing bodies of Brown County and the City of Aberdeen. Page 48 of 58 02/01/2019  Indemnification: Through errors and omissions, negligence, or intentional acts, if either party to this agreement causes damage or loss to any other party whether to files, programs, records, data, equipment, hardware or software, or otherwise, the party causing such damage shall indemnify the injured party and shall hold the injured party harmless for all such damages, costs, reasonable attorney fees, and related expenses. Insurance: The Center shall be covered under a policy maintained by Brown County in the minimum amount of $1,000,000. The Center also shall be covered under a policy maintained by the City in the minimum amount of $1,000,000. Non-discrimination: All parties hereto shall fully comply with applicable federal and state regulations, agreeing specifically not to discriminate against any person on account of race, disability, color, sex, age, religion or national origin. IN WITNESS WHEREOF the parties hereto agree and do now set their hands and seals in execution of this agreement on the day and year indicated belowfirst written above. /s/ Mike Levsen /s/ Deb Knecht Mayor, City of Aberdeen Chairperson, Brown County Commission /s/ Karl Alberts /s/ Maxine Taylor City Finance Officer Brown County Auditor The foregoing Intergovernmental Agreement For The Brown County Regional Communications Center is hereby approved and ratified by the Aberdeen City Council this day of , 2019. Lynn Lander, City Manager ATTEST: Karl Alberts, Finance Officer The foregoing Intergovernmental Agreement For The Brown County Page 49 of 58 02/01/2019 Regional Communications Center is hereby approved and ratified by the Brown County Board of Commissioners this day of , 2019. Doug Fjeldheim, Chairman ATTEST: Maxine Fischer, Auditor Page 50 of 58 02/01/2019  BROWN COUNTY REGIONAL COMMUNICATIONS COUNCIL MINUTES OF REGULAR MEETING OF JANUARY 24, 2019 The Brown County Regional Communications Council (BCRCC) held a duly-noticed regular meeting on Thursday, January 24, 2019, in the Community Room of the Public Safety Building located at 114 2nd Ave. SE, Aberdeen, South Dakota. The following BCRCC officials were present: Doug Fjeldheim - Chairman Brown County Commission and BCRCC Chairman, Rachel Kippley - Brown County Commissioner, Mike Levsen - Aberdeen Mayor, and Robert Ronayne - Deputy Mayor. Also present were Brown County Sheriff Mark Milbrandt and Chief Deputy Dave Lunzman, 911 Director Kent Jones and Assistant 911 Director Erin Bacon, Aberdeen Police Chief Dave McNeil, Captain Jay Tobin, and Captain Eric Duven, Aberdeen Fire & Rescue Chief Randy Meister and Battalion Chief Joel Weig, Brown County Emergency Management Director Scott Meints, Brown County IT Chief Information Officer Paul Sivertsen, Brown County State’s Attorney Chris White, and City Attorney Ron Wager. The meeting was called to order by Chairman Fjeldheim at 3:30 p.m.. 1. ELECTION OF CHAIRPERSON FOR 2019 Nomination by Ronayne, second by Kippley that Levsen be elected Chairman and Kippley be elected Vice Chairperson of the BCRCC for 2019. All present voting aye, motion carried. Levsen presided over the remainder of the meeting. 2. APPROVAL OF MINUTES Ronayne moved, Fjeldheim seconded to approve the minutes of the October 25, 2018, meeting as circulated. All voting aye, motion carried. 3. OPEN FORUM No one was present. OLD BUSINESS 4. None. NEW BUSINESS 5. ADMINISTRATIVE MATTERS The Council set its next regular meeting for May 23, 2019, at 3:30 p.m., at the same location. Page 51 of 58 02/01/2019 6. OPERATIONS OF THE CENTER Jones informed the Council of an incident in the past week with a fiber optic connection causing the 911 trunk to be down for short periods of time on two separate days. The service providers responded quickly and the Center coordinated activities very well to minimize the actual down times. Milbrandt was very pleased with the Center’s response to this incident. Jones discussed the need to update software and replace hardware for the server migration to Spillman. Jones also discussed the need for Spillman to conduct a site survey which involves one of their support technicians coming in and observing each site that uses the system to instruct on improved functionality. Jones will work with the users and Spillman to determine costs and implementaton. Some of the costs may need to be included in his 2020 budget request. Jones stated that the relocation to the new building at 1221 1st Street South will require intense coordination with the installers and technicians to make sure they can flip the switch to the system when they complete the move-in. Estimated move-in is in March, 2019. 7. USERS FORUM No users appeared to raise concerns. 8. DISCUSSION OF FY2018 YEAR-END BUDGET EXPENDITURES Jones presented the year-end 2018 budget expenditures report. 9. AMENDMENT OF INTERGOVERNMENTAL AGREEMENT Wager presented a draft amendment of the Intergovernmental Agreement (“Agreement”) to the Council. Ronayne moved, Kippley seconded to recommend approval of the amendment to the Board of County Commissioners and the City Council. Levsen opened the question for discussion and the following amendments were offered: Fjeldheim moved, Kippley seconded to amend the Agreement to add the following sentence to Article XVI Insurance: “The Center also shall be covered under a policy maintained by the City in the minimum amount of $1,000,000.” All voting aye, motion to amend carried. Ronayne moved, Kippley seconded to amend Article XIII to replace the first two paragraphs with “This agreement shall be effective beginning on January 1, 2019. This agreement will terminate one hundred eighty (180) days following forwarding of written notice of termination by one party to the other.” All voting aye, motion to amend carried. Kippley moved, Ronayne seconded to amend Article IV to add the following to the end of the last paragraph: “and providing recommendations to the County Commission and City Council regarding appropriations.” All voting aye, motion to amend carried. Ronayne moved, Fjeldheim seconded to amend Article IX and replace “Chief Dispatcher (Secretary)” with “Assistant 911 Director”. All voting aye, motion to amend carried. Page 52 of 58 02/01/2019  There being no further amendments or discussion, the vote was called on the main motion to recommend approval of the Intergovernmental Agreement, as amended, to the Board of County Commissioners and City Council. All voting aye, motion carried. Wager and White were directed to confer and prepare the final Agreement as approved, and to present the same to the County Commission and City Council with the recommendation for adoption. It was also noted that, if the amended Agreement is timely adopted by both governing bodies, the May meeting will be cancelled by the Chairman with the next meeting scheduled for July. 11. ADJOURNMENT There being no further business, motion by Ronayne, seconded by Kippley to adjourn the meeting. All present voting aye, motion carried. The meeting was adjourned at 4:20 p.m. NEXT MEETING WILL BE THURSDAY, MAY 23, 2019, AT 3:30 P.M., IN THE PUBLIC SAFETY BUILDING IN ABERDEEN, SD. Date: January 24, 2019 Prepared by: Ronald A. Wager, Secretary Minutes of the January 23, 2019, meeting approved as circulated at the meeting of _______________, 2019. BROWN COUNTY REGIONAL COMMUNICATIONS COUNCIL Date: Mike Levsen, Chairman Page 53 of 58 02/01/2019 6B Page 54 of 58 02/01/2019 Page 55 of 58 02/01/2019 Page 56 of 58 02/01/2019 Page 57 of 58 02/01/2019 6C Page 58 of 58 02/01/2019