04/03/2018 A Voice From the Gallery

Once again Mayor Glas failed to open the meeting properly (00:00:15), he just announced it’s time, let’s say the pledge and so the April 2, 2018, regular meeting of the Alcester City Council began with the presence of Mayor Glas, Councilman David Larsen, Councilman Lance Johnson, Councilman Dan Haeder, Councilwoman Melissa Kay, Councilwoman Julia Sundstrom-Lyle, Councilwoman Darla Reppe, City Attorney Tom Frieberg and his colleague Sam Nelson of Beresford.

The council unanimously and with no discussion approved the agenda and minutes of the March 5th regular city council meeting and the March 19th Special/ Equalization meeting with no changes or corrections.

Agenda Item #5-Alcester Bar/Theresa Deem  After a far too short respite Madam Woolworth has returned with her hand out to the Alcester taxpayers wallet.  It seems her stools are over-stapled, ‘tipsy’ and because, “…a lot of heavier people are sitting on them…” (00:01:50) she is afraid her stools cannot handle the ‘loads’ placed upon them and Madam, “don’t want nobody gettin’ hurt…”.  Madam wants new stools at what she speculates to be $100-$150 a ‘plop’.

The council discussed Madam’s conundrum and none of the current council members had an idea of past council practices as it related to Madam Woolworth.  In the past lease agreements, Deem Enterprises, LLC, managing member Theresa Deem affixed her signature to the Lease and Operating Agreement acknowledging her responsibilities as lessee under

Title XI REPAIRS – Page 5,  “Operator (Theresa Deem) shall maintain the building premises and any improvements, additions or alterations thereto in a good, safe and substantially similar condition existing at the commencement of this Lease and Operating Agreement…Operator shall also, at her own cost and expense, put, and maintain in thorough repair and in good, safe, and substantial order and condition…Operator shall be responsible for all repairs of equipment…”  

So when Madam, ‘re-tires’ from the bar, she can take her stools and ‘sit on them’ and save the city money spent hauling them away.  The city needs to sell the bar building, get that Central Business property back on the tax rolls and stop the hemorrhage of cash spent to ‘float’ Madam’s booze boat.  I believe Madam’s monthly lease went up to $1300 last operating agreement so she pays the $1300 then holds her right hand out for $1200-$3000 for ‘stools’.  Where is our records custodian? Finance Officer Jurrens is the custodian of city records and she didn’t know to look at the Lease and Operating Agreement for the obligations and restrictions of the parties to the Lease?  By-the-way have the Lease terms and Conditions named Title XIX, Title XXV and Title XXVI been complied with by the Deems and been verified by the city for 2018?

It was still early for the scheduled Planning Commission Public Hearing, the Seal Coat Bid Opening and Mr. Jones representing Alcester Townhouse Apartments was not yet present so the Mayor Glas called Public Input.

Agenda Item #9-Public Input was called.  I responded.  Prior to the meeting I provided the council members with a re-presentation of documents I presented to them in Public Input on June 5, 2017, and to which they failed to respond.  Highlighted on the document was the establishment of an official city website on March 3, 2014, which included the members who made the motion, the members who voted aye which included the Alcester Councilwoman Pat Jurrens and Rick Johnson was Mayor.

This time there was a discussion but the discussion was a little troubling.  Councilwoman Darla Reppe asked the question, “…are we required to have an official website?” (00:19:33) Finance Officer Pat Jurrens responded (00:20:33), “…as long as (minutes) are published in paper”

  (SDCL 1-25-1.1 “…Also, if the public body has its own website, the notice must be posted on the public body’s website upon dissemination of  the notice…The notice must be delivered in person, by mail, by email, or by telephone  to all local news media who have asked to be notified…” and SDCL 1-27-1.17 “requires that draft minutes of public meetings must be made available to the public at the principal place of business for the public body within ten business  days after the meeting (or made available on the website for the public body within five business days…”)

Councilwoman Reppe since you were not present at the March 3, 2014, council meeting when that council decision was made and along with your lack of gallery presence at subsequent Alcester City Council meetings until the evening of your interview and appointment as Ward III representative which could have bolstered your insight into how our municipalities operate,  I understand your global ignorance of council procedures and how our municipality operates.   Yeah Councilwoman Reppe and Finance Officer Jurrens, we are required because a previous council approved the official Alcester website and provided for taxpayer moneys to be used!  Madam Finance Officer it fell to you (then Councilwoman Jurrens) who voted on the website to act upon the ratification of that council vote and later when you were appointed as Alcester Finance Officer it became your duty to work at or cause to be implemented the establishment the official city website as voted by the representatives of the people of Alcester!  What were those definitions again, mal-feasance, mis-feasance and non-feasance as it relates to councilwoman oath/duty and finance officer job performance?   Mayor Glas you have thrice been apprised of the website situation and you failed to enact the website directive.  You have the duty to carry out that council vote once you were made aware of the website vote, failure to implement and proof of vote!  Are you aware Mayor Glas of those definitions of mal-feasance, mis-feasance and non-feasance as they apply to your failure to act?  On March 3, 2014, Alcester Councilwoman Kama Johnson moved to establish an official city website, Alcester Councilman Mike Burke made the second to the motion and Councilman David Larsen, Councilman Steve Johannsen, Councilman Mark Dykstra and Councilwoman Pat Jurrens voted unanimously to establish an official city website! Period!  Councilman Dan Haeder responded, “…verify with legal if we have to have a website…vote not relevant to a past council…requirements…?” (00:21:04) So with all due respect Councilman Haeder if we drag our feet long enough, prior decisions of the council are automatically repealed by sitting council declaration?  Is that what you are saying?  So what is the time frame, a month, several months, a year?  How long before we can ignore votes of the current council?  I know ‘we the people’ can already refer, initiate or just move to compel compliance but how long must we wait to come up to an acceptable or widely practiced standard, a website?

Another part of my documentation to the city council was a formal complaint made on June 1, 2017, regarding the roll-off container with flammable materials located at 102 E Second Street violating Fire Code 2803.2, 2808.1, 2808.5, 2809.1, 5904.2, 5904.2.1, Alcester Municipal Code 3.0102E and 6.0212.  I have had no response from Code Enforcement Officer Fillingsness or the city of Alcester.  I have heard from other sources Finance Office has been saying, “…the city sidewalk in front of the bank doesn’t have the same restrictions as the residential sidewalks…” BALONEY!  I have also heard reports of comments to the effect that, “…well if they make an effort to clean it up… it is discretionary…”  BALONEY!   Violations are violations, Period!  It makes no difference whether it is the Alcester Tire and Service place (2015-CDBG Loan $15,000.00-Teri Metcalf) or the assistant finance officer’s son-in-law who is operating light industrial in the central business zone.  Nepotistic discretion or Chamber discretion hold weight?  Too many years of, “…it’s on our radar…” allowed a older gentleman by the name of Andrew to perpetrate a municipal nightmare.  Well gents, your radar ain’t pingin’ right!  Maybe, just maybe, that pingin’ on your radar is a UFO or UCO.  Ya know one of them there Un-responsive Finance Officer or Un-responsive Code Officer zippin’ around the grid.

During Public Input I also addressed the Planning and Zoning revision noting the district map had an error on it, as well as and I addressed pages 23 and 32 which dealt with the construction materials.  These pages prohibited corrugated metal, “…corrugated metal is not a permitted roofing material…”.  NOTE:  Both the 01/29/2018 nor the 04/02/2018 draft of the Planning and Zoning Revisions fail to define corrugated metal.  Mayor Glas reveling in his ‘expertise’ undertook the task of educating me on the definition of corrugated metal. (00:41:58)  Mayor Glas the definition of corrugated metal quite simply put is, metal sheeting which has been extruded (if you will) with a texture of ridges and grooves which provide strength to the metal sheet.  Copper, aluminum and stainless steel are the most commonly available corrugated metals and Mayor Glas, these corrugated metals are recognized as an excellent form of residential roofing  (corrugatedmetalroofing.net)  so endeth the lesson Mayor Glas.  Several Alcester residential homes have corrugated metal roofs, drive down Lincoln Drive some time Mayor.  By-the-way check out the pot holes in the street while you are at it!  In addition I told the council the Planning and Zoning revision failed to recognise and/or deal with global solar roofs and panels.  It is easier to fix omissions in an ordinance update before the printing than after the printing and ratification.

Agenda Item #8-Alcester Townhouse Apartments-Dennis Jones  At the conclusion of public input, Mr. Dennis Jones had arrived and his agenda item was moved up in the line-up.  Mr. Jones was present to address a Property Maintenance Complaint on the property located at 101 SD Hwy 11.  The property violates Property Maintenance Code and has done so for quite some time.  Mr. Jones had voiced his concerns in the past with no action taken and he was concerned because he had seen a posting that the business was going to start taking used oil and batteries.  So if the business is going to be put up for sale (per a 01-09-2018 Facebook posting) when will the property be cleaned up?  The CDBG Loan balance due $10,377.05 to Teri Metcalf appears to be the same as Alcester Tire and Service?

Agenda Item #7-Open seal coat bids.  The city received three bids for seal coat select streets in Alcester.  Bid criteria was 20,000 square yards of CRS-2P to be put in place between June 15, 2018, and September 1, 2018.

  •                          Topkote             Yankton             $1.97/square yard     granite chip
  •                          Road Guys         Yankton             $1.75/square yard     granite chip
  •                         Asphalt Surfacing  Sioux Falls       $1.99/square yard     granite chip

Councilman Lance Johnson moved to accept the bid from Road Guys at $1.75/square yard of CRS-2P based upon 20,000 square yard purchase.  Second by Julia Sundstrom-Lyle and a unanimous vote x 6 aye ratification.

Agenda Item #6-Planning Commission Public Hearing  Upon the arrival of Mr. Patrick Andrews SECOG representative, the Planning Commission Public Hearing commenced.  Discussions involving the telecommunication towers addition to the Planning and Zoning document, semantics discussion of appropriate use and conditional use definitions.

Councilman Dan Haeder moved to approve the first reading of the April 2, 2018, revision of the Alcester Planning and Zoning Regulations, with the second to his motion coming from Councilman David Larsen.  No further discussion followed and vote was called with a unanimous X 6 Aye vote, affirming and ratifying the First Reading of the April 2, 2018, Alcester Planning and Zoning Regulation Revision.

Councilman Lance Johnson moved to set the Second reading of the April 2, 2018, Alcester Planning and Zoning Regulation Revision on the May 7, 2018, regular meeting agenda of the Alcester City Council (I presume under old business) with the second to Councilman Johnson’s motion from Councilwoman Darla Reppe, with no further discussion the vote was called with a unanimous X 6 Aye vote.

Agenda Item #10-City Employee Updates-Street Department-Pool  Lonnie Johnson of the Alcester street department gave an update on asphalt repairs and requested a concrete pad be poured near the city shop to control water flow down grade away from the building.  Concrete slab would be .5 X 16 X 30 with rebar reinforcement requiring 9.778 cubic yards of concrete.  Bid from Larsen Construction was $2203.20.  Councilman Lance Johnson moved to approve the project and the Larson Construction Bid of $2203.20 with a second to his motion coming from Councilwoman Darla Reppe and with no further discussion the vote was called with the council voting unanimously X 6 Aye.

Swimming pool issue was called with input from Councilwoman Melissa Kay and  Councilman Dan Haeder on the opinion poll.  Since the criteria of the original opinion poll changed with the advent of the notification from Beresford on the possibility of Alcester acquiring their projected surplus pool slide  making the opinion poll irrelevant and redundant the council addressed the purchase of a diving board.  Councilwoman Melissa Kay moved to purchase the diving board as presented by MCR at the quoted cost, the second came from Councilman David Larsen and with no further discussion the vote was called with the council voting unanimous X 6 Aye to approve the purchase of the diving board.

The slide issue was put off in order to gather more information about the slide.  Unfortunately when I searched for Seawave model by Aqua Thrill, I found the domain name was lapsed and Seawave was now listed under Lincoln Aquatics and the Seawave model is a portable slide.   In addition the criteria for slide installation and operation was sketchy.  Particularly the operational and safety aspects.  I found the suggested rules listed below, some are common sense but others will not allow certain children on the apparatus.

WATER SLIDE RULES:

  1. Make sure the slide is mounted per the manufacture recommended specs for the slide and the pool size.
  2. Children younger than six years old and shorter than three feet tall should not use pool slides.
  3. Don’t push or scuffle on the latter or stairs of the slide.  Only one person on the ladder at a time.
  4. Wait your turn.  Do not try to slide until you see the child before your has cleared the slide land area or left the pool.
  5. Don’t slide holding objects that can get caught on the slide and cause injury.
  6. Only One person at a time should be on the slide.
  7. Slide down feet first only.
  8. Never apply oils or lotions to the slide.
  9. Never throw anything at anyone on a pool slide.

SPECIAL NOTES AND RULES:

  • The splash down area in the swimming pool must be clearly separated from the general recreational pool with buoy lines if the pool is not a dedicated slide land pool. Additional methods of egress may be required if the pool is separated with a buoy line.
  • A lifeguard shall be on duty at the slide whenever it is in use. Where possible one (1) attendant shall be stationed at the top of the tower, and one lifeguard at the splashdown area.

Agenda Item #11-City Employee Updates Water/Wastewater-  No report. Finance Officer Pat Jurrens announced that assistant finance officer Wanda Halverson was updating sewer rates.

Agenda Item 12-City Employee Updates-Police Chief  Police Chief Doty gave a statistics update, mentioning a break-in at the bar.  No update on a parking issue.  Police Chief Doty did ask for an executive session regarding police personnel issues.  Councilman Lance Johnson moved to go into executive session to discuss police department personnel issues, the second came from Councilwoman Melissa Kay and with no discussion the vote was called with the council vote X 6 unanimously Aye.  The Council went into executive session at 7:22 p.m.  At 7:35 p.m. the council was declared out of executive session.  Upon which Councilwoman Julia Sundstrom-Lyle moved to send Police Chief Chris Doty to Police Chief Convention with the second coming from Councilwoman Melissa Kay, with no public discussion the vote was called with the council voting X 6 unanimously Aye to approve the motion.

Skipping down the agenda to Agenda Item 15- Fair Board Update– City Councilwoman Darla Reppe and secondary Alcester City Council Fair Board representative was absent from the March 19, 2018, Alcester City Council meeting which was the Equalization meeting.  Councilwoman Reppe announced (01:34:12) in the April 2, 2018, regular meeting of the Alcester City Council she failed to represent her constituents in Ward III with her presence in the March 19, 2018, meeting because she felt it was more important to debunk rumors about the Union County Fair and was instead addressing the Lions Club on behalf of the Fair Board.  WOW!

Councilman Lance Johnson moved to adjourn the meeting, second from Councilwoman Darla Reppe and with no discussion the question was called with a unanimous X 6 Aye vote.  Meeting adjourned at 8:17 p.m.