South Dakota Associationof Towns and Townships

Spring 2010351 Wisconsin SW, Huron, SD • Phone (605) 353-1439 • Fax (605) 352-5322

State to Provide Emergency Funds For Flood-Damaged Roads

Gov. Mike Rounds announced that the State will provide up to $10 million to help counties and townships make emergency, temporary repairs to critical-access roads damaged by spring flooding. The funds will be initially used in five counties (Brown, Spink, Marshall, Day and Roberts).

“The goal is to temporarily repair roads for emergency use, not to make permanent repairs at this time.” the Governor said. The emergency funding is something state government has NOT done before and is being done because of the magnitude of the flood damage this spring. The $10 million in road-repair money will come from the state emergency fund. In addition to the money, the state will provide technical expertise and coordinate with contractors to speed the road repair process.

“We are authorizing these temporary repairs because emergency access is critical to citizens in areas where roads are flooded,” the Governor said. We have citizens who are literally cut off from emergency services. If they need an ambulance or fire truck, there may be no way to reach them. We want to stabilize enough roads to provide that access in those areas.”

On Tuesday, April 13th, 2010, Darin Bergquist-Secretary of DOT, Governor Rounds, and Kristi Turman- Division Director for SD Emergency Mgmt. held meetings in Aberdeen, Britton, and Sisseton to discuss the specifics of the emergency stabilization program for critical access roads.

Left to right- Darin Bergquist, Secretary of DOT, Governor Michael Rounds, and Kristi Turman, Division Director of

Emergency Mgmt in Roberts County/ Sisseton, SD

Kristi Turman, Div. Director SD EM discusses critical road access with Pat Roth of Rusk Township/Day County and

Chuck Fromelt, Day Co. Highway Supt.

Township officials review plat maps with Governor Rounds in Britton, SD that illustrate the extreme

flooding within their townships.

2 s SPRING 2010 s SDATAT Newsletter

President’s Column

by Cindy Foster, Miner County

I hope all of you are surviving

this spring weather. I know that many of you are fighting impassable roads and impossible situations with culverts, mud, and water. The Governor has allocated emergency money for several counties for emergency repairs. For that we are thankful. Other counties are adding up the damage for their disaster applications. The SDAT&T will be keeping up to date on the information you require so that your township can get the help you need when it becomes available. There are deadlines with some of these programs, so please be aware of that. Your county emergency manager can be an invaluable source of information, also.

When you are out there checking on that blocked culvert or washed out road, PLEASE BE CAREFUL. Safety should also be a major concern as planting season is beginning and we are all trying to get too much done in too little time. Stay safe and don’t forget to listen to that meadowlark and appreciate the plum blossoms.

Cindy Foster, President, SDATAT

INSURING TOWNS AND TOWNSHIPS

Schwebach Insurance Agency402 Garfield, Dell Rapids, SD 57022

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Errors and Omissions Insurance...Who Needs It?

by Tami Schwebach

I’m taking a break from thinking about wet and flooded roads to discuss another pertinent issue for small towns and townships—Errors and Omissions insurance, what it covers and why you need it.

Most township officials and small town council members recognize the need for General Liability insurance. After all, this is the policy that protects the entity from lawsuits caused by injuries and property damage caused by their operations, mainly accidents on township roads and city streets and buildings.

But our agency see claims every year involving a different type of issue where a landowner in the township has brought a claim due to a decision or action the township board has taken. Perhaps the board decided to put in or remove a culvert. Or maybe the board is enforcing a prohibition of 6-ton traffic. Or perhaps a contractor is suing the township because they did not take the lowest bid for their maintenance. Maybe a claimant has sued the township because they feel the township is not maintaining the road properly. Perhaps there is an issue with access to property along a section line road.

Believe it or not, these are all actual

claims that our office has received which are covered under the Errors and Omissions policy. Since these claims do not involve bodily injury or property damage, they are not covered under a General Liability policy. Fortunately in each of these cases, the township carried an Errors and Omissions policy. Errors and Omissions insurance covers claims alleging errors, misstatements, misleading statements, acts, omissions, breach of duty, and neglect on behalf of the board and all employees. It covers the township as well as each board member individually.

Please be sure to review your township or small town’s insurance package or call your agent to see if your entity has this important coverage. Don’t wait until a claim occurs to find out that you are not covered!

SDATAT ANNUALMEETING

Dec. 3 & 4 2010 Ramkota

Aberdeen SD

SPRING 2010 s SDATAT Newsletter s 3

Most people at the age of 87 are content to sit back in an easy chair and leave the work to the younger generation. That is certainly not the case with a public servant in Alton Township in eastern South Dakota. In my travels I meet several township supervisors each year. Unfortunately, the people who provide supervision at this level of government and the service they perform often go unnoticed. A little recognition of good road management practices at the township level is well deserved.

I would like to introduce our readers to Wilmer Friedrich, Township supervisor for Alton Township in Brookings County. Wilmer has held this position for 34 years and is a “young” 87 year old dedicated public worker. He has enjoyed his job. Alton Township supervisors divide their township into geographic areas of responsibility. Wilmer is responsible for an area that is three sections wide and four sections deep. Totally dedicated to this job, Wilmer travels his little area of Alton Township every two days to look for road hazards, signs that are damaged, down or missing, as well as any culvert or drainage problems. He has never charged the township extra fees for the gas or other expenses as he feels that is part of the job. Wilmer says the pay is not great but proudly proclaims it is his civic duty to serve the local residents of the township.

Needless to say, Wilmer has seen changes in his 34 years of service. He said many township roads were built for horse and buggy traffic and now they barely meet the needs of the large agricultural equipment and trucks used for farm to market hauling. This becomes a real challenge

for the township which has had to opt out of the tax freeze in the past just to try to maintain the township roads. Wilmer says, “Everybody wants good roads but nobody wants to pay”.

Regarding road manage-ment, Wilmer stated the township went from screened gravel to crushed gravel. This has saved the township money even though crushed gravel costs more to purchase. It stays on the road better and is an all around better product. He also mentioned the few years of heavy snowfall and

the spring flooding he has endured over the 34 years. These events are always hard on a township system. We also talked about culvert inspection and replacement as needed; yet another facet of township road management that is important to him.

Wilmer said he has been fortunate to serve with so many good board members over his years of service and that makes his job much easier. When I asked Wilmer if he has any plans for retirement from the board, he hesitantly responded over a cup of coffee, “It’s probably time to start thinking about that.”

In my years as the Brookings County Highway Superintendent, Mr. Friedrich was a frequent visitor to my office. He was always concerned about township roads, bridges and signing needs. This demonstrated his commitment to the little corner of Alton Township he was responsible for.

It is a pleasure to take the opportunity to interview and write an article on this gentleman’s dedication, responsibility, and achievements in his years of service dedicated to the welfare and safety of the traveling public in Alton Township.

Congratulations and thank you, Mr. Wilmer Friedrich! Perhaps this will inspire others across the state of South Dakota to get involved at the township level of government and become a dedicated person serving “in the trenches” like Wilmer.

From the township trenchesBy: Ted Eggebraaten, SDLTAP, Northeast Technical Assistance Provider

Ted visiting with Wilmer (on left) in the township office – his kitchen!

4 s SPRING 2010 s SDATAT Newsletter

2010 LEGISLATIVE REPORTby Dick Howard SDATAT Lobbyist

The Eighty-Fifth Session of the Legislature adjourned on March 30, 2010, after spending the final 2 days considering the Governor’s vetoes and the approving FY 2011 State budget. The budget was balanced by increasing some revenue projections, transferring some costs to local governments and individuals (students), and cutting some programs. The budget was adopted by party line votes in both the House and the Senate. SDATAT had advocated a suspension of the rules and consideration of a highway funding bill during the final days; however, with the contentious veto and budget issues- this action was not pursued. SDATAT had mixed results during the Session, with the biggest disappointments being the failure of passage of SB 1 - the highway funding bill and SB 130 - the bill to clarify the definition of the Township highway system. SB 192 - the bill to redistribute wind power energy tax funds to townships, which was

supported by SDATAT, also failed (by 1 vote).

Our successes included:

HB 1166 - passed and now gives the Township Supervisor’s the authority to determine the location of local boards of equalization meetings.

HB 1227 - also passed and authorizes townships the ability to enroll in group health, life and disability income insurance plans for employees and officers, but not pay any part of the premiums.

In addition, a few bills passed that will have an impact on Townships. They are listed below: HB 1128 - Deletes the requirement that Fire Districts contract annually with Townships, but permits such contacts when needed to provide better or less expensive fire protection.

HB 1214 - Authorizes Townships to purchase highway right-of-way land in fee title, rather than just obtaining an easement for highway purposes.

SB 65 - Delays the date for making new license plates by 5 years. This will result in a savings of $4 million that will be transferred to the Local Government Road and Bridge Fund for distribution to cities, counties and townships. Approximately $200,000 will be distributed to townships. SB 104 - Requires that if printed material relating to an agenda item is prepared and distributed to the Board members prior to a Board meeting, it must be made available at the official business office of the Township at least 24 hours before the meeting. If printed material is

handed out to Board members at the meeting or less than 24 hours before the meeting, at least 1 copy of the material must be available to the public while the Board is considering the issue.

SB 104 also requires that unapproved, draft minutes of any meeting (townships included) be available for inspection by any person within 10 business days after the meeting.

SPRING 2010 s SDATAT Newsletter s 5

A regulatory and warning signing upgrade is available for any counties, cities (other than class 1), towns, or townships within South Dakota. The upgrade will include regulatory signs such as stop signs, yield signs, speed limit signs, advance warning signs, delineators, object markers, and bridge end markers. The signing upgrade projects are administered through the SDDOT. As of now, the signing upgrade projects are 100% federally funded. If SDDOT funding changes between now and when the signing projects are let, the projects could become 90% federally funded with a 10% match from the local entity. Due to the high volume of requests, the signing projects have so far been scheduled up to year 2018. If any cities (other than class 1), towns, or townships are interested in the signing upgrade

projects, please contact your County Highway Superintendent to initiate the process. If you are a township, city (other than class 1), or town, and your County has chosen NOT to participate in the signing upgrade project, please contact the SDDOT Traffic & Safety Engineer to express your interest and your entity will be combined with another scheduled project. As an understanding, the local entity will have the sole obligation and responsibility for all maintenance of the project once the project is complete. If you have any questions, please contact:

Sonia Downs, SDDOT Traffic & Safety Engineer(605) 773-5361 Sonia.Downs@state.sd.us

Signing Upgrade Grant Available Through The SDDOT

Rapid City3601 Deadwood Ave

605-342-4850

Sioux Falls3201 N Louise Ave

605-336-3010

Aberdeen4950 E. Hwy 12 605-225-6240

Pierre801 N Garfield Ave

605-224-5400

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2010 SDATAT

OFFICERS ELECTED

Cindy Foster, Fulton, SD was reelected as president of the South Dakota Association of Towns and Townships at the reorganizational meeting on April 8, 2010. Jim Puffer, Hitchcock, was elected to serve as vice president. Elected to another term as secretary is Al Johnson, Brookings and taking the position of treasurer is Rodney Stormo, Hayti.

Serving on the Executive Board for the year will be Duane Harvey, Baltic; Calvin Musch, Clear Lake; and Darwin Bettman, Aberdeen.

6 s SPRING 2010 s SDATAT Newsletter

What is retroreflectivity? “Retroreflectivity” refers to the property of a traffic sign to reflect light back to the driver. Retroreflective traffic signs are used to increase sign visibility at night. Maintaining traffic sign retroreflectivity is important to promoting nighttime traffic safety. Recently adopted in the MUTCD (Manual of Uniform Traffic Control Devices) now requires all agencies (including small towns and townships) that maintain roads open to public travel to adopt a sign maintenance program designed to maintain traffic sign retro-reflectivity at specific levels. It forces the public agency to look at the condition of their signs.

Of all the maintenance methods listed in the MUTCD, the Visual Nighttime Inspection is probably the most practical for agencies such as small towns or townships with limited resources because it requires practically

no additional equipment and no sign inventories. If a sign is reflecting bright enough to be detected and read, then they are ok as is. If the signs are deemed marginal they should be scheduled for replacement. If some signs are not bright enough, they should be replaced as soon as possible.

SIGN RETRO REFLECTIVITY?UPDATING AND MAINTAINING YOUR SIGNS….

There are also other methods for maintaining your signs that include: Measured Sign Retroreflectivity, Expected Sign Life, Blanket Replacement and Control Signs. For more information on these alternative methods or any questions on signing issues, contact the SD Local Transportation Assistance Program (SD LTAP) office at South Dakota State University and you will be directed to the appropriate Technical Assistance Provider in your area. SD LTAP • 1-800-422-0219

Cliff Reuer • Technical Assistance Provider • SDLTAP-SDSM&T Western Satellite

Traffic Solutions Inc. would like to offer sign and barricade rental and traffic control services. The spring flooding is officially here and construction season is upon us. Traffic Solutions Inc. travels all of the Midwest and has over 75 years of combined experience. We are available anytime of the day or night.

Traffic Solutions Inc. can also sell signs, barricades, and provide pavement marking services. The office number is 605-368-9765.

TRAFFICSOLUTIONSI N C O R P O R A T E D

Lonnie Heibult 605-360-4958 Sam Wurtz 605-360-2497

Blaine Weippert 605-941-5832

SPRING 2010 s SDATAT Newsletter s 7

LEGAL INSIGHTS On TOWNSHIP VOTING ISSUESFrequently Asked Questions and Answers:

Q u e s t i o n : What are the eligibility requirements to vote at the annual meeting and serve on the township board?

Answe r : In both circumstances, one must be a registered voter of the township and resident of the township.

Q u e s t i o n : Who votes on the township board?

Answe r :Only the 3 township supervisors. The clerk and treasurer are township officers but do not have a vote on the board.

Q u e s t i o n : Do the residents vote on every agenda item at the annual meeting?

Answe r : No. There are certain items that are specified by law to be voted upon by the members of the township. They include the right to elect township officers, to direct defense of legal actions, to make rules and regulations for impounding animals, to set penalties for persons offending against any rules and regulations established by the township, to vote on the budget/tax levy, maintaining the right-of-ways and whether the cost thereof will be paid for by the landowner or by the township, as well as establishing the salaries of township officers.

Q u e s t i o n : Are there certain items addressed only by the township officers?

Answe r : Yes. The supervisors approve items such as the fire protection contract and approval of the township road system.

Q u e s t i o n : Once it is determined that trees or weeds are to be removed from the right-of-way, by either the landowner or the township, who is responsible for seeing that it is done?

Answe r : The township supervisors implement the decision. This is done by notifying the landowners if they are to pay or to budget or contracting for the work if the township is responsible. For example, tree removal may take more than a year for the work to be completed due to costs. In that case the supervisors will set priorities or sequence for the work to be done.

Q u e s t i o n : Who votes on vacating a road?

Answe r : A petition is submitted to the board of supervisors by residents of the township. The board then has a hearing and votes whether to vacate the road. If the decision is to vacate the road the proposed “Resolution for Vacation” is published in the newspaper and becomes effective thirty days after the publication, unless a petition is filed by residents of the township requiring it to go to a vote of the township. This second petition refers the decision to a vote and an election is held. If the majority vote is to keep the road open, then in that event the township supervisors must comply. If the majority agrees with the vacation, then the action of the supervisors stands.

Q u e s t i o n : Can resident voters vote in any of the other regular supervisors meetings on agenda items or issues?

Answe r : No. They only vote on those items which the statutes specifically require them to vote upon. For example, if the supervisors are considering purchasing a road grader and the price is over $15,000 then in that event this must go to a vote of the township.

Jay M. Leibel - Attorney for SD Association of Towns & Townships

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Aberdeen38490 Highway 12

Aberdeen, SD 57401 800-753-6225

Rapid City1810 Deadwood Avenue

Rapid City, SD 57702 800-999-6286

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South Dakota Associationof Towns and Townships

PO Box 903Huron, SD 57350

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SOUTH DAKOTA ASSOCIATION 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

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Postmaster: Send notices or change of address forms to Huron, 57350-0903. *If readers have any comments, corrections, submissions or display ads for this publication, call (605) 353-1439 or FAX (605) 352-5322.

This newsletter is agricultural inks printed on recyclable paper.

Cindy Foster, President ............................... FultonJim Puffer, Vice President .....................HitchcockAl Johnson, Secretary ...........................BrookingsRodney Stormo, Treasurer ........................... Hayti

Duane Harvey, Executive Board ..................BalticDarwin Bettmann, Executive Board .... AberdeenCalvin Musch, Executive Board ........... Clear LakeMark Jensen, Director ................................. Erwin

Dan Thyen, Director ................................ WaverlyJerry Lingen, Director ...........................Sioux FallsGordon Mussetter, Director .....................SissetonPam Klebsch, Director .............................Redfield