Broadcaster Press 9 January 26, 2016 www.broadcasteronline.com “The court concludes from the record, plaintiffs have not documented any actual or imminent irreparable harm at this time requiring the entry of a preliminary injunction…the landlords have not shown that the financial harm to one or more of the landlords outweighs the city’s interest in public safety.” March Malt Liquor Tax Voted In The city council unanimously approved the second reading of Ordinance 1325 to implement a 5 percent malt beverage markup on the wholesale cost and freight of malt beverages beginning on July 1. A roll call vote was required and all council members voted in favor of the markup. Language stating that current license holders would be given a notice for future discussion on malt liquor tax talks and its effects on local businesses, was added to the ordinance. “This is a portion of the debt service it’s not all the debt service,” Vermillion City Manager John Prescott said prior to the vote. 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 improvements 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. The estimated cost of the annual debt service on the General Obligation bond for the Prentis Park improvements is $222,000. A malt beverage markup would make a significant impact on this debt service. The malt beverage markup is not intended to be the sole funding source for the debt service or the overall park improvements. The ordinance includes language that the council would annually conduct a review to receive comments on the use of the funds and the continuation of the malt beverage markup ordinance. The ordinance is drafted to require a regular agenda item with the adoption of the annual budget ordinance. In-Home Daycare Registration Decision Looms Daycare in Vermillion could undergo major changes if a city council proposal for an ordinance that those who offer services should be registered with the city becomes a reality. That reality could happen Monday at the next City of Vermillion council meeting set for 7 p.m. at City Hall. In a special, informational, meeting with childcare operators on Feb. 23, the council voiced feelings that it would be a move that would simply enhance safety. “The city council raised the question during budget meetings last August,” Vermillion City Manager John Prescott told The Plain Talk later. “I don’t recall the exact item or question that started the discussion but it moved to an awareness that the city did not know where the daycare facilities were located in the community and that there were no guidelines they had to follow with respect to safety if they are not registered with the state. You reference in the “The city has only been talking about a local registration.” According to Prescott, city staff members looked over local daycare codes throughout the state and brought the proposal to the city council. He did not recall if any particular incident involving a private daycare and safety issues was what initiated these discussions. Registration with the city would require providers to have a fire extinguisher, smoke detector, fence (but that can be waived if parents sign off), CPR certification for provider, being asked to check sex offender registry to check background of workers/helpers and an applicant must be at least 18 years of age, according Students at Jolley Elementary to Prescott. have done it again. The second through fifth graders reached Bye, Bye their goal of reading one million Champions minutes collectively last week Tanager wrestling cousins, with the help of the Men’s and Brett and Regan Bye wrap high Women’s Basketball teams from school careers with individual the University of South Dakota. To celebrate, the Jolley kids were titles. treated to recess and a pep rally Saturday at the Denny Sanford Tuesday with the basketball playPremier Center both Byes con- ers at the Dakota Dome on the cluded their careers with two USD campus. “We are so proud more individual titles and five of you guys,” said Kelly Stewart, total over their Tanager careers a member of the Women’s team to spark the Vermillion High team during the rally. “That was a huge goal but you guys did it and more to a seventh-place finish (79.5 importantly you did it together. I points) at the Class A state wres- know that a lot of you are great tling finals. readers but to be honest to read Regan Bye, won his third con- a million minutes on your own secutive state title with an injury would be near impossible so you default victory over Kasey Klap- really had to come together and I prodt (Rapid City Stevens) at couldn’t be more proud.” Throughout the school year stu3:06. dents would log the minutes they Regan had won consecutive titles read each week outside of school at 145-pounds entering this and turn them in to the USD season prior to earning his third athletes who visited their school each week. crown. "The only reason I was at 145, The athletes in turn cheered them was for the team, and for the on and participated in activities to keep the kids motivated. team that's where I felt comfortable and it was a natural place Private Daycare for me," Regan Bye said. "WeightRegistration wise I probably would have been fine at 170, but it didn't work out Supported by because of the seniors we had Council and (Brett). I definitely got a lot The Vermillion City Council apstronger and as (this season) proved the second reading of went on I felt stronger every time I Ordinance 1326 – registration of wrestled. I put myself in positions private, in-home, daycares with that helped me feel great every the city – 7-2 on Monday night after almost 90 minutes of distime I wrestled." cussion, sometimes heated, with Brett Bye won a second straight members of the public. individual title as he added to his Councilman Parker Erickson and 152-pound title he earned last councilwoman Holly Meins were the two members to vote against winter. the reading and the ordinance, which has now met with final approval by the council. Many that spoke were conJolley Readers cerned with issues such as the ability for the city to make sure Reach they are able to thoroughly check Million Minutes for registered sex offenders that may become a part of the proMilestone cess, potential additional costs, how and when inspections would occur, and if the process wasn’t broke why tinker with it now. A number of people who spoke also acknowledged that they believed the council’s intentions were aimed at the safety of Vermillion’s children. April Public Hearing On Proposed Changes To CAFO Ordinances Held The Gum Numb group pulled off a spectacular presentation to the judges at the final round of their Shark Tank competition last April earning a first place finish in the high school division. Proposed changes to Clay County ordinances removing limits on the number of animals allowed in concen¬trated Animal Feeding Operations (CA¬FOs) were discussed at a public hearing held by the Clay County Planning and Zoning Commission Monday evening in front of a standing room only audience. According to Clay County Commis¬sioner Travis Mockler, who also serves on the zoning board, the current Clay County Ordinance was established in 2013. 30 Your Local Source for Quality Auto Parts 900 W Cherry St. Vermillion 624-8681 YEARS IN BUSINESS 35 Henderson’s YEARS IN BUSINESS 38 YEARS IN BUSINESS 40 YEARS IN BUSINESS And Ultimate Car Washes 807 Princeton, Vermillion, SD • 605.624.6904 Dr. Richard Knutson Dr. Matthew Knutson Caring Professional Staff BOB’S SINCLAIR SERVICE Self Service • Full Service • Tires • Oil Change • Repairs 200 E. Main St., Vermillion, SD 624-2731 46 Brunick 46 BUNYANS BAR & GRILL YEARS IN BUSINESS YEARS IN BUSINESS 46 YEARS IN BUSINESS 605-624-6291 1714 E. Cherry St. Vermillion, SD www.knutsonfamilydentistry.com FURNITURE & FLOORING 1100 W. Cherry St., Vermillion, SD 605-624-8688 New building - Same Location for past 46 years 1201 West Main Street | Vermillion, SD 605-624-9971 Herren - Schempp Building Supply 1000 West Cherry Street • Vermillion, SD 605-624-2058 • www.herrenschempp.com “We are here tonight because the Clay County Commissioner voted to send the ordinance back to the zoning board,” Mockler said. “They want us to take a look at it and recommend changes. We are going to align with the state DENR regulations. We are going to update provisions to eliminate the need for multiple interpretations, ensuring provisions are consistently applied. Most importantly give a balanced reflection of what is important to Clay County.” From there Mockler identified the proposed changes to the ordinance, a few of which include: Changing the definition of a CAFO to align with state regulations; changing the classifications from small, medium and large to class A, B and C; eliminating the cap on the size of CAFOs allowed in Clay County; potentially allowing permit CAFOs of unlimited size in designated aquifer protection districts; and, reduce set¬backs from homes, private wells, roads and highways. CASA Finds A New Home The Southeast Court Ap¬pointed Special Advocates (CASA) is coming to Clay County. CASA made its official announcement of plans to expand services within the next few months. “When an abused or neglected child is brought into the court system, either be¬cause someone in the commu¬nity called to file a complaint about a parent, or something along those lines, we have trained CASA advocates who are appointed to represent that child’s interest in the court room,” said CASA board president Ryan Cwach. Southeast CASA, based out of Yankton, is part of a national organization that gives these children a voice in the courtroom, as well as making sure the children are getting proper care at their home. The new expansion will be based out of Vermillion and will provide services through¬out Clay County. “We found that Vermil¬lion’s case load was about 75 percent of Yankton, which is significant. We’re talking about an estimated 10-20 kids a year,” Cwach said. In the three years since Southeast CASA has been established, they have helped 60 children through the court systems in Yankton County. Lushbough Wins Hunger Ambassador Award Nobody should have to eat alone. At least that’s what Vermillion’s John Lushbough thought more than 13 years ago when he began the Welcome Table located at Vermil¬lion’s United Methodist Church. “The previous pastor who came here over 14-years ago was involved in a meal in Mitchell and he asked if I would be interested in starting something here,” Lushbough said. Though he may have had the idea, Lushbough is quick to share the credit with all the volunteers who cook and serve the food that keep the Welcome Table coming back each week. Lushbough was recently recognized at the inaugural McGovern Hunger Summit on April 15 as the winner of the first George McGovern Hunger Ambassador award. “George McGovern cared for those children and peo¬ple that are food insecure, not only in South Dakota but also around the world,” said Reverend Rick Pittenger of Vermillion’s 1st United Methodist Church. “The McGovern Library in Mitchell, South Dakota thought they should have a hunger summit and they decided to give an award. (John) had to be nom¬inated and he had two letters of recommendation.” The committee selected Lushbough as the winner, though he credits all the volunteers that keep the Wel-come Table running every week. This year will also be the seventh year that Lushbough and the volunteers are organ¬izing the weekend backpack program. May CAFOs Top Discussions At Planning And Zoning Meeting For the second time in as many weeks the Clay County Planning and Zoning Board tabled the issue of changing the county ordinances governing Concentrated Animal Feeding Opera¬tions (CAFO) in Clay County. The proposed changes, which as currently written, include elimination of the caps on the number of animals allowed and reducing set¬backs, were first proposed at a public hearing on April 13. During Monday’s meeting it was clear; the board had not come to consensus on the issue. While it was not a public hearing, the board did hear from Jay Gilbertson of the East Dakota Water Development system. Gilbertson, stressed his concern is with making sure the shallow aquifer, which supplies water to more than just Clay county, is not con¬taminated. He questioned why, a system that has worked well for close to 20 years was now being looked at for change. High School Remodel Project Started A more than $5.2 million renovation of Vermillion High School was begun by tear¬ing out the existing heating system. The project, which will, in the words of superintendent Dr. Mark Froke, “Give the Vermillion community a new school, without the new school cost,” is necessary due to the aging of the original 50-year-old high school facility. “The academic areas, the gymnasium and the music rooms were all built in 1965,” Froke said. “After time, things begin to fail. Our current HVAC (heating, venting and air conditioning) systems are not ef¬ficient, our lighting is not efficient and the ceilings are beginning to sag. They just all need to be repaired.” Froke said that many of the items listed are on the edge of failure and are not pro¬viding an atmosphere conductive to posi¬tive learning experiences of the students. “In some rooms it is too hot, in others it is too cold,” he said. “There is just no consistent temperature throughout the building.” Early this school year, the school board asked Johnson Controls, the company the district contracts with to provide services on the HVAC of the district facilities, to do a study of the high school. When it came back, district officials recognized that they could not put off the remodel any longer. “We, the school board and administra¬tion, have known that there were issues due to the age of the building,” Froke said. “The school board for the last eight or so years has been saving money for the time we could not put off the remodel any long¬er. Because of that, we do have a capital outlay reserve of about $1.2 million that we will be putting toward the project. The rest of the project will be financed through 20-year capital outlay certificates.” Froke said all of the improvements will address one or more issues including stu¬dent safety, student and staff comfort and enhancing efficiencies of the facility. Invitation Accepted: Vermillion Girl Meets President Obama For 11-year old Rebecca Kelley of Vermil¬lion, little did she know that a letter penned to President Barack Obama inviting him to visit South Dakota, would not only give her the op¬portunity to meet the President, it would also put her in the national spotlight. In her letter, Rebecca drew a picture of a broken heart and wrote “This is my heart be¬cause you haven’t visited South Dakota.” Late last week, the White House tweeted a picture of the letter urging him to visit South Dakota saying, “We are the warmest of the Da¬kotas, we have Mt. Rushmore, and when I just go to the park I sometimes see coyotes, hawks, and bald eagles.” President Obama visited South Dakota last Friday for the first time during his presidency, and according to the White House, 11-year-old Rebecca’s “heart can finally mend.” During his trip, President Obama visited the Lake Area Tech Community College in Water¬town to deliver a commencement address to a crowd of about 4,300. However, for Rebecca, what happened following the commencement ceremony was what was most memorable. President Obama, made a point to find Rebecca and her family at the airport in Water¬town prior to leaving the state. “Astounded, there is no way to describe that feeling,” said Rebecca, about meeting the President Celebrating The Class Of 2015 Vermillion High School class of 2015 spent the afternoon of Saturday, May 16 at the Dakota Dome sharing memo¬ries, offering advice, and celebrating their graduation with their friends and families. I nstead of the traditional speeches given by the Valedictorian and Saluta¬torian of the class, the Vermillion sen¬iors chose five of their classmates to represent them during the ceremony. The opening remarks were given by senior Jack Brown, who is an Honors Program, National Honor Society (NHS), and Regent Scholars graduate. His opening