08/20/2018-II A Voice From the Gallery

Mayor Tom Glas called the August 20, 2018, special meeting to order at 7:15 p.m. with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Councilman Lance Johnson present.  Not present was Alcester City Attorney Sam Nelson.

After the Pledge of Allegiance was recited, the council approved the agenda which included Seven agenda items.  Generally a special council meeting is called to take care of emergency business, you be the judge.

Agenda Item #4 CBDG Loan for Dan Waag.  Councilman David Larsen moved to go into executive session per FO Pat Jurren’s agenda and under SDCL 1-25-2-4 Contracts.  SDCL 1-25-2-4 says,

1-25-2.   Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of:

             (1)      Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor;

             (2)      Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

             (3)      Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

             (4)      Preparing for contract negotiations or negotiating with employees or employee representatives;

             (5)      Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.”

Folks the action of CBDG loan does not fit the purpose of Contract executive session but Finance Office Pat Jurrens practices, “what the council doesn’t know keeps me (Pat Jurrens) in power”.  Follow the action on the video.  Councilwoman Melissa Kay made the second and with a unanimous aye vote the council entered into closed session at 7:20 p.m.  At 7:30 p.m. the council came out of executive session with the statement we need a motion to approve the CBDG Loan to Dan Waag.  Councilman Lance Johnson made the motion to approve the loan, NO AMOUNT, NO INTEREST AND NO TIME FRAME was included in Councilman Johnson’s aberrant motion.  Councilwoman Linda Talbott seconded the motion, and with NO PUBLIC DISCUSSION, the council voted unanimously to approve the Loan.  Folks I had to ask for the amount of the loan, the interest on the loan and the duration of the loan.  The loan was for $5000 at 2% interest and is to run for 5 years.  Again, folks the history of the CBDG loans in Alcester has been the CBDG loan was a second to a primary loan through a financial institution.  It was suggested in the past that the CBDG loans were to be no more than 10% of the primary loan to protect the city funding position.  Apparently Mayor Glas and Finance Officer Jurrens feel the risk of loan failure is an acceptable risk to city moneys. Finance Office Jurrens made the comment she would see that a promissory note would be presented to Mr. Waag.

Agenda Item #5 CBDG Loan to offset interest on Police Truck to the tune of $4500 projected by Alcester Finance Officer Pat Jurrens.  This financial wizardry was the brainchild of FO Pat and not that of the Alcester police department personnel.  Please take note in the video of Councilman Lance Johnson’s opinion to the effect that no discussion was necessary cause he didn’t care what the tax payers thought ;cause it was going to save $4500 over the life of the loan.

Agenda Item #6-Executive Session if needed.  Yeah, that would be a NO.

Agenda Item #7 -Adjourn at 7:40 p.m.

I asked the question while the council was still seated and after adjournment, if Alcester City Attorney Sam Nelson was going to craft the promissory note for Mr. Waag.  I was immediately queried by Finance Officer Pat Jurrens, WHY?  I replied, ‘I was curious if Mayor Glas and Finance Officer Pat Jurrens were going to use the work product of another lawyer.  Seems to be a temptation of the finance office to use previous attorney’s work product as templates for Finance Office DIY legal document!