I hear tell FO Pat is running around trying to get support for Councilman Lance Johnson’s Fifth Wheel Fiasco.
Councilman Johnson has violated the CCR’s that run with the land at 518A Anderson Street. Unfortunately the CCR’s allow for a change after twenty-five years which appear to be imminent for Lots One (1) through Eleven (11) of Block Seven (7), Lots One (1) through Three (3) and Lot Seven (7) of Block Eight (8), Lots One (1) through Four (4) of Block Nine (9) and Lots One (1), Two (2) and Seven (7) though Ten (10) of Block (10) of Numsen Addition, being a part of Tract Three (3) in the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) and in the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section Twenty-Seven (27), Township Ninety-five (95) North, Range Forty-Nine (49), West of the 5th P.M., City of Alcester, Union County, South Dakota according to the recorded plat thereof.
Specifically note #items 1, #4, #5, #14, and #15 listed in the covenants. Read for yourselves.
To the folks living in the above mentioned Blocks, unless you want some boxcar type dwelling or storage garage next to your $200K home, vote against the change in CCR. It must be a public vote of A MAJORITY OF THOSE NEIGHBORS AND LAND OWNERS affected. It is not a vote of the council.
Tell FO Pat NO, tell Councilman Lance Johnson NO, A covenant change can mess with the value of your home and property investment—check it out for yourselves. It is your right!
Just tell FO Pat to take her DO AND WACKA-IT DOWN THE STREET!
NOTE: Significant beneficiary of this change Of Planning & Zoning is Alcester City Councilman Lance Johnson who by his admission in the March meeting wanted to build a garage on North Anderson Street to house his fifth wheel trailer. First Lance Johnson has already violated “regulations, agreements and conditions running with land” on the parcel ID 01.11.10.1035. #1. “… No structure shall be erected on any of said lots except for residential purposes…”Residential purposes shall be defined as a single family or duplex residences…” #4. “No residential lot shall be re-subdivided…”
Folks we have a councilman who has seems to adhere to the theory of self-entitlement Alcester City Councilman Lance Johnson during the April Mayoral Election allegedly destroyed campaign signs put up by Mayoral candidate Mike Bucholz, a witnessed event.
Then Alcester City Councilman Lance Johnson got all Roosterie, a squawkin’, flappin’ his wings, puffin’ his chest out and struttin’ all stiff legged down to the Police Department alleging I trespassed on “his prop purty” and threatened to arrest me for criminal trespass.
What did I do? I asked the work crew where the building permit was, standing in the middle of Anderson Street. An’ ol’ Alcester Councilman Johnson got all bent out of shape. Imagine what he would have done if I had torn down his campaign posters?
Folks the definition of criminal trespass is below:
SDCL 22-35-6. Entering or refusing to leave property after notice–Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
Actual communication to the person who subsequently commits the trespass;
Posting in a manner reasonably likely to come to the attention of trespassers;
Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. (Source: SL 1976, ch 158, § 35-2; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.)
But Alcester City Councilman Lance Johnson seems to think it is okay for him to rip down a campaign poster and signs—–stealing campaign signs violates the law.
So Councilman Lance Johnson it is okay for you to rip down and destroy campaign signs during an election but you threaten me for asking where your building permit is while standing in the middle of a public street?
Let’s talk about the building permit. FO Pat Jurrens says there is no requirement when the permit should be posted—
WRONG, LOOK AT THE PERMIT
LOOK AT THE APPLICATION—THIS IS RESIDENTIAL LAND NOT AG LAND—ALCESTER CITY COUNCILMAN LANCE JOHNSON FALSIFIED THE APPLICATION.
I have heard that Alcester City Council President Dan Haeder is pro tem mayor in Mayor Glas’ absence. I am troubled that Finance Officer Jurrens has not been placed on restricted duty or even relieved of her duties until a hearing has convened.
My rationale is if a grand jury found enough evidence to indict, issued an indictment, and an arrest warrant, how can the Alcester City Council have any confidence they are being told the truth especially in the light the Alcester City Council was encouraged by Finance Officer Jurrens to open the ballot box during the election canvass of April 9, 2019, when she knew better.
How can the council members trust a Finance Officer who according to the indictment lied to law enforcement not once but twice? What else don’t we know? What don’t we know about the interaction between Finance Officer Patricia Jurrens and Code Enforcement Officer Geoff Fillingsness and his affidavit to gain an administrative warrant of inspection?
“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.” Atifete Jahjaga
The October 2, 2019, regular meeting of the Alcester City Council convened at the Alcester Golf Course Clubhouse at 6:00 pm with Mayor Glas, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present. Absent was Ward III Councilman Lance Johnson. Also present were Jon Serck, Alcester EMS; Geoff Fillingsness, Alcester Code Enforcement Officer, Alcester Chief of Police Jeff Christie, Police Officer Austin Schuller and Former Finance Officer Michael Kezar and other interested folks.
I want to start with the fact the meeting was opened at the Alcester city shop for a tour from 5:30pm to 5:45pm. I did not attend that meeting so whether the meeting was in fact opened, the meeting was adjourned or whether any city business was conducted I have no first-hand knowledge.
The Pledge of Allegiance was recited, the agenda was approved with a unanimous five (5) aye vote and the minutes of the September 4, 2019, and September 16, 2019, meeting were approved with no changes with a unanimous five (5) aye vote.
Agenda Item #5 Public Input I, had public input. My topic was the city charging Alcester EMS for sewer and garbage, see the demand letter from the city of Alcester. Also please note the Alcester City Finance Officer’s response to my question and the response from Alcester EMS Jon Serck. (00:08:52)
I also spoke on the topic of Finance Officer Patricia Jurrens refusal to hand over FOIA, specifically dealing with the Property Maintenance Violations list. Alcester City Attorney Sam Nelson’s position these are not public records, I argued the City of Sioux Falls has their Property Maintenance violation citations on their website so this sets a precedence for Alcester to provide these public records and in 2016 the city provided me the property maintenance code violations with an argument but I got them. I handed Alcester City Attorney Sam Nelson a copy of those SF violation records from September 2019 as proof. I EXPECT THOSE RECORDS TO BE PROVIDED TO ME!
Code Officer Geoff Fillingsness stuck his nose into the discussion (00:13:25) Code Officer Fillingsness stated, “I am the president of the South Dakota Association of Code Enforcement!” O-h-o-o-o-o! Really? Mr. President of the SD Association of Code Enforcement states, “…we (the code association respect the privacy… we do not release names of violations…” Really? When asked the question why he (Code Officer Fillingsness) was no longer the Beresford Code Enforcement Officer, Code Officer Geoff said (00:16:39), “I was fired…you want to know why I was fired?” Listen to why he says he was fired. Do you ‘spose’ the new mayor of Beresford would agree with that assessment? I doubt it!
LOOK AT THE PURPOSE OF THE SD ASSOCIATION OF CODE ENFORCEMENT set forth on the SDML website (www.sdmunicipalleague.org/codeenforcement) South Dakota Municipal League South Dakota, October 6, 2019, South Dakota Association of Code Enforcement)
“To operate, without profit to the Association, or its members, as a state association to advance, educate and improve efforts of state, county, city and other political subdivision employees who are actively involved with and responsible for the enforcement of housing, municipal, county, state or federal codes without regard to race, creed, color, national origin, or sex.
To encourage professionalism with regard to the standardization of enforcement of environmental, and housing codes.
To supply and advance the science and practice of code enforcement through certification and to provide training workshops, seminars and conferences facilitating and advancing the administration of the various codes with which the Association is concerned.
To exchange information relating to the code enforcement profession.
To promote policies that will facilitate and improve code enforcement procedures”
Mr. Code Officer Fillingsness please explain bullet point #2, “…to encourage professionalism with regard to the standardization of enforcement of environment and housing codes…” I mean just how does that work in YOUR world? I mean when ya’ll don’t know if the judge is a he or a she. If ya’ll left your paperwork in your car? Really. Oh an’ yeah, who was the affiant who attested to alleged conditions? You do know lying to a judge or making a false statement is as illegal as making a false police report just ask Pat.
Folks you need look and listen to Pat at (00:16:39) during the discussion on my FOIA request. FO Pat asked the question, “…Why do you want this information…?” Councilman Melissa Kay hushed FO Pat, ’cause FO Pat cannot legally ask that question! Amazing!
With regard to my FOIA request, Mayor Glas announced (00:21:47) he was going to follow Alcester City Attorney Sam Nelson’s advice. Mr. Mayor, YOU were not so willing with the previous city attorney! Really Mayor, you just declared you were going to refuse me access to public records? You might want to check the penalty on that one!
Agenda Item#6Mike Kezar’s appeal of the Property Maintenance Violation Citation. You really have to hand it to President Code Officer Geoff Fillingsness, he cited lack of smoke alarms, flower pots without flowers, vermin and having a kitchen in the basement. Really? How many of you folks have smoke alarms in every bedroom, how many of you folks have mousetraps in your homes, how many of you folks have a kitchen in a lower level part of your home and how many of you have an empty flower pot or two. I do, in fact I have pot-people sitting in the front of my home.
In addition, I have filed two property maintenance violation complaints and President Code Officer Fillingsness has ignored them. I do believe that is called selective administration of Code and I do believe that is failing to do his duty. It is called non-feasance or in this case I believe President Code Officer Fillingsness is guilty of malfeasance.
President Code Officer Fillingsness gave his opinion on Mr. Kezar’s garage, I wonder how much President Code Office Fillingsness will pad his bill for unsolicited advice?
Agenda Item #16 Tiny House- Folks unless you want Tiny Homes next to your home, do not allow these portable potty trains into your neighborhood. There is no real estate tax benefit to these playhouses for the community.
Agenda Item #17-Fiance Office Update-Councilwoman Melissa Kay question FO Pat about the city website AGAIN. FO Pat responded I will be working on it. That is like the Fat Lady in the Circus working on her diet while she is munching on a fresh fried donut dunked in glaze.
Agenda Item #23 Executive Session-Contracts- The council moved into Executive session at 7:58 PM and I was ushered out into the cold, dark misting night and all by my lonesome. I huddled near the windows of the clubhouse, watching the council ‘disgust’ contracts. I wonder what they would say if I told them I could read lips or I was videotaping them?* At 8:16 PM the door was opened and I was allowed to come in from the cold.
The council adjourned at 8:17 PM.
Note: I understand there was a recent happening. It is my understanding there was a false report? If that information is accurate, the Alcester FO must be relieved of her duties until the situation is resolved through the courts. The Alcester FO is in charge of Alcester’s monies and with the quality of over-sight of Mayor Magoo Glas, that has the feel of the Fox taking inventory of the hen house egg production! More to come!
*By the way, I cannot read lips and the camera was shut down!
A Voice from the Gallery 