8 Broadcaster Press January 26, 2016 www.broadcasteronline.com January Wheel Tax’s Adoption Unanimously Approved Clay County Ordinance #201404 – a wheel tax– was approved 5-0 on Tuesday by county commissioners with majority support from the small group of community members in attendance. The wheel tax means a $4 tax per each wheel and up to four wheels per vehicle. The hopes of the commissioners is that a wheel tax would help increase funding to deal with the issues of road repair over many stretches of the 250 miles of road the county is responsible for. Saginaw Road had been discussed at length as one of the bigger issues needing to be addressed. past rent and other expenses, excluding August rent for the property located at 1012 Princeton St., which the company did pay according to the county paperwork. 2 Vermillion Opt-Out Passes; Increases $80K Eagle Creek Says It First Week Of Intersection Doesn’t Have to Pay VCDC Trial Run A Success Legal Fees The lights were covered up on Main St. at the intersection of Court and Center Streets in late January of 2015, and there was a lot of positive feedback from business owners, citizens and police. Chad Passick, Vermillion police captain, said he saw no negative indications of the change in the first week of the trial. “I don’t think we’ve had any reported accidents that have occurred at that intersection,” he said. “Our role is to monitor that for any safety hazards or concerns that would arise and right now we’re not noticing anything that causes any concerns and haven’t investigated any accidents.” Eagle Creek Gets To Answer Malt Liquor Markup Move Tabled For More Talks In Lawsuit Vs. The Vermillion City council voted to table a move to implement OrVCDC Attorneys for Eagle Creek Software Services Inc. were granted a request to file an answer to a lawsuit filed against them by the Vermillion Area Chamber of Commerce & Development Company (VCDC). The VCDC had requested that a default judgment be made by Hon. Judge Steven R. Jensen after they had not received an answer to the original suit filed in late October within the required 30 days. The suit, filed in the First Judicial Court of Clay County on Oct. 29, 2014 states that rent owed for the months of June, July, September, and October had not been paid to the VCDC as stipulated in the contract between the two parties that officially began in June. The claim states that Eagle Creek currently owes $153,640.45 in February provements or expansion to the parks and park facilities within the city. The funds can be used for park improvements whether they are bonded or not. dinance 1325 which would lead to a 5 percent malt beverage markup on wholesale cost and freight of malt beverages beginning July 1. However, after hearing the concerns of a half-dozen citizens, the council unanimously approved a new reading for the Tuesday, Feb. 17 council meeting and also announced its intention to have further discussion with anyone who could be affected by the ordinance or anyone else who has an opinion on the subject. The state mandates a maximum 5 percent markup to be allowable. The ordinance specifies that the proceeds of the markup would only be used to retire the general obligation bond for Prentis Park improvements and/or maintenance, operation, capital im- Eagle Creek Software Services Inc. doesn’t feel it owes the Vermillion Area Chamber of Commerce and Development Company (VCDC) any type of reimbursement for its legal fees based on papers filed with the Clay County Courthouse last Thursday, Jan. 22. According to the answer submitted last week, Eagle Creek’s attorneys stated that an awarding of attorneys’ fees “is not warranted in this matter and in any event, Plaintiff’s fee request is excessive under the circumstances.” Eagle Creek cited that it “made clear even before this action was started that it had every intention of defending against the Plaintiff’s claims.” They also added that they felt the “plaintiff could have avoided incurring the entirety of the fees it now requests…the court should decline to award attorneys’ fees to the plaintiff.” Some of the reasons also cited for not believing they have to pay these legal fees included a number of references to precedents on cases they felt similar to this one, that the plaintiff could have avoided this situation if the VCDC’s “counsel simply consented to Defendant filing its answer on Dec. 11, rather than insisting on moving forward with its application for a default judgment.” They also cited that default judgments in South Dakota are “disfavored” especially if the defendant shows intent to answer the claim against them. The school board approved Jan 12 to raise the opt-out from $800,000 to $880,000. “Following the motion that was made in Jan, once that was published, there was a 20-day window where taxpayers could petition that resolution and that ended on Thursday at 5,” reported Sheila Beerman, business manager. “There was no petition filed which means the levy will be spread over the next five years.” Tax Spinning Its Wheels With advice of counsel the Clay County Board of Commissioners voted unanimously to repeal Ordinance #2014-04 – a wheel tax– originally approved on Dec. 30 due to concerns they made not have property advertised the protocols for citizens to file a petition for potential referendum. The concern focused on protocols being in place that the county had to post in published legals on how those opposed to the wheel tax could go about forcing a referendum on the ordinance. Part of the ordinance read that “the total vehicle tax may not exceed the sum of $16 per vehicle…The total sum of all proceeds from the tax shall be retained by the county and deposited in the county road and bridge fund, to be used only for highway and bridge maintenance and construction.” That verbiage remains as the commissioners then followed up their action by voting to schedule a first reading of the Ordinance #2015-01, which will now be subject to a first reading on Feb. 24 with a second reading a week later. Once that occurs, the Ordinance will once again by published and • Automotive Collision Repair • Paint • Framework • Glass Replacement YEARS IN BUSINESS 1205 CARR STREET VERMILLION • 605.670.0471 • BlainesBodyShop@gmail.com HOURS M - F, 9AM - 6PM SAT, 9AM - 12PM 7 Years in Business 13 YEARS IN BUSINESS 26 YEARS IN BUSINESS FAMILY FIRST CHIROPRACTIC CHIROPRACTIC PHYSICIANS CRYSTAL L. PADEN, DC MICHAEL P. PADEN, DC 102 E. 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Rental Code The hope was to have the Wheel Injunction Tax become official this Thursday, but now they will have to wait un- Denied By Judge An injunction request filed by til at least late March before that can occur. property owners and managers to stop rental codes enacted by the Wheel Tax City of Vermillion was denied by Discussion Honorable Judge Steven Jensen Focuses on on Wednesday. Jensen’s answer, filed after The Shared Plain Talk’s press time, came after Responsibility nearly three months had passed The first public reading of new where landlords met in court Ordinance #2015-01, the Wheel against attorneys for the City of Tax, was held at Tuesday’s Clay Vermillion and others named in County Board of Commissionthe lawsuit to request an injuncers’ meeting at the Clay County tion as part of a lawsuit filed in courthouse with little fanfare but relation to their grievance. plenty of discussion. “The average homeowner and Discussion centered on who landlord don’t even understand should pay for the county roads what I am complaining about and whose responsibility it was to yet, but in two years they will say maintain them. ‘I didn’t know that affected me,’” Commissioner Leo Powell said Glynis Erickson, manager of Dathat there are no other taxing opkota Realty and long-time protions available to the county and fessional in the real estate field, they are limited by what the state said. “I deal with the city a thouwill allow. sand more times than the aver“To date Clay County has not had age person, so I know first what’s a wheel tax in place during a pegoing on. I have been doing real riod of time many counties have estate for 30 years. People here had a (wheel) tax in place,” Powell don’t grasp that it doesn’t affect said. “That leaves us 15 years bethem, but yes, it will affect them hind. If you like it or not, the state (if they are forced to adhere to has in the legislation (wording new codes).” that says) you will have a wheel According to Jensen, “the Plaintax, you will have a long range tiffs have not met their burden plan, or you won’t be eligible for of persuasion and denies the those funds. This isn’t anything Plaintiffs’ motion for preliminary new. Clay County, to date, hasn’t injunction. The court directs Depaid $1 toward a wheel tax.” fendants’ counsel to prepare findThe funds in question are the ings of fact, conclusions of law, various tax revenue streams that and an order consistent with this would provide counties with monmemorandum opinion.” The 13ies to aid in areas such as road page document containing Jenimprovement with the proviso sen’s thoughts and rulings which that a wheel tax would have to be included the plaintiffs’ challenges in place in order to receive them. being grouped into four categoAccording to the ordinance’s literries: hardwired smoke detectors, ature, the “county wheel tax shall HVAC systems, egress windows, become effective for collection and the appeals process. Jensen beginning on Aug. 1.” continues with “the court’s first Part of the ordinance reads consideration is the threat of irthat “the total vehicle tax may not reparable harm to the landlords. exceed the sum of $16 per vehiThe landlords argue that the cle…The total sum of all proceeds ordinance at issue, in the abfrom the tax shall be retained by sence of the injunctive itself, will the county and deposited in the cause them irreparable harm in county road and bridge fund, to bringing their affected units into be used only for highway and complains and could potentially bridge maintenance and conaffect Vermillion’s rental market. struction.” The city argues injunctive relief is not appropriate because the alleged damages are pecuniary…