09/08/2020 A Voice From the Gallery

Mayor Dan Haeder, opened the September 8,2020,  meeting of the Alcester City Council at 6:00 p.m. with council members Darla Reppe, Linda Talbott, David Larsen, Vickie Larsen and City Attorney Sam Nelson present and council members Melissa Kay and Marcus Ireland participating remotely via telephone.

The group began the meeting with recitation of the Pledge of Allegiance.

The council went on to approve the agenda with an adjustment in the printed agenda.  Agenda item #18 was moved forward to immediately follow agenda item #6 due to a time conflict with City Attorney Sam Nelson.  The group approved the agenda with that adjustment.

The council approved the minutes for August 3, 2020, and August 17, 2020, without change.

Agenda Item #5 – Public Input – Mayor Haeder had been contacted by Nathan Beeler, Mitchell Drive of a problem with the street condition.

Agenda Item #6 – Alcester EMS -Jeff Nohava acting director of Alcester EMS.     Mr. Nohava gave a report/update on Alcester Ambulance and it’s proposed, revised operations.   I would like to address some of the statements Mr. Nohava made during this ‘update’ with regard to prior operations of Alcester EMS while I was a member of the crew.  (00.04.54) “…When Alcester couldn’t crew it fell on Hawarden to crew…about 60% of the time”. Vickie response, As a past crew member, Nationally Certified EMT, prior to 2012, it was our practice if we could not crew, we would refer the call to  Beresford Ambulance or Hawarden Ambulance.  Much of the time it was Beresford Ambulance who responded.  (00:12:16)  Nohava, “…in the past people were taken to Sioux Falls…”  Vickie response, As a past member of the dedicated Alcester EMS crew, we transported patients to the hospital of their choice.  We did not dictate which hospital they had to use.  We did however in the event of an extreme emergent situation, transport to Canton or call in Med Helicopters out of Sioux Falls. (00:12:33)  Nohava states, “if it is a true emergency”  Vickie response, Whose definition of TRUE? Insurance carrier, Hawarden Ambulance, Alcester EMS Medical Director-Dr. Waddell or someone with triage training?  Who?   (00:13:03) Nohava states, “…a hospital eight miles away…I have reviewed some of the trip reports…”  Vickie response, it is my understanding the last quarter 2019 trip reports were sketchy, not filed in a timely manner with insurance claims left waiting.   (00:13:13)  Nohava states “…45 minutes trip to Hawarden, the EMT’s like it…3 hour trip in the past…”  Vickie states, Having been on many, many trips to Sioux Falls Avera, Sioux Falls Sanford and Sioux Falls VA Hospital, those three hour trips entailed travel time dependent upon location of patient loaded, extrication time, road conditions and the normal run time 40 minutes from Alcester to ER.  We spent time giving report on patient, exchanging sheets and blankets for clean linens and if we were out over lunch time we would stop for a quick lunch.  On the way back, our dedicated crew worked on trip reports, worked cleaning equipment, stowing the cleaned equipment and squaring away the rig in case our dedicated crew had another emergency call while we were on our way back to Alcester.  On more than one occasion we did indeed have two calls back to back.  Mr. Nohava talks of the two major Alcester employers in terms of the ‘three’ hour trip time, well sir.  I was one of those self-employed EMT’s who made those daytime trips, and I substitute taught in the local school which I believe appreciated having an certified EMT on premises along with the school nurse even if I was called away on one or two occasions.  (00:15:45) Vickie response, Mr. Nohava repeats his mantra, “…the past is past…”, but appears to accuse our dedicated past EMS crew of endangering patients with Sioux Falls Transports.  I warned a previous Hawarden Ambulance director who dared accuse our dedicated Alcester Ambulance crew of abandoning a patient.     On that occasion our Alcester Ambulance crew transported a patient to Hawarden Hospital ER, where we transferred the care of the patient to the hospital ER staff, but had to wait an unusually long time for release.  The hospital had received the patient into their care.  Folks procedurally and legally our independent EMT/ ambulance acted under the direction of a medical doctor not a hospital. So our EMT’s could transfer patient into the care of  a hospital or medical doctor (higher skill level), however once care of that patient was transferred to the higher skill level, it could not legally be handed down to a lower skill level  EMT to transport to Sioux City. Alcester Ambulance EMT’s delivered a patient to Hawarden Hospital.  Hawarden Hospital made the determination the patient needed transfer to their Sioux City affiliate and for whatever reason Hawarden Ambulance would nor or could not transfer.  Alcester Ambulance EMT-B level was told to transport the patient from the higher skilled Hawarden Hospital to the higher skilled Sioux City Affiliate Hospital.  We declined based upon the fact we would be violating the chain of medical skill.  Our ambulance later received a nasty letter from the director of Hawarden Ambulance with the accusation of patient abandonment.  Needless to say, even after I sent a letter explaining our position to the Director of the Hawarden Ambulance, and copies of the letter the Director of the Hawarden Hospital and the city of Hawarden, the members of that dedicated crew still have a bitter taste of insult that we ever would abandon a patient entrusted to our care!

Agenda Item #18 – Community Center –  Alcester City Attorney Sam Nelson removed a small phrase from the contract.   


A133 contract section

12.2 Binding Dispute Resolution read,

“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017 the method of binding dispute resolution shall be as follows: (check the appropriate box)

          [ ]  Arbitration pursuant to Article 15 of AIA Document A201-2017

          [X ]  Litigation in a court of competent jurisdiction

          [ ]  Other:  (Specify)


A133 contract section

12.2 Binding Dispute Resolution

“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A 201-2017 the method of binding dispute resolutions shall be as follows:  (check the appropriate box)

          [ ]  Arbitration pursuant to Article 15 of AIA Document A201-2017

          [X ]  Litigation in a court of competent jurisdiction

          [ ]  Other:  (Specify)

During the discussion (00:21:20) and the brief discussion and the race to spend $2.6  million dollars.  I voiced my opinion and objection to portions of contracts written by and for the architect and by extension the contractor.  The document I held up was referenced within the A133-2017 document and the A201-2017 document is A503-2017/2019, Guide for Supplementary Conditions (for A201-2017, 2017 Owner-Contractor and 2019 CMc agreements)  If you are interested in some light reading (?) ask for copies or access to copies of the signed documents AIA 133-2019 and AIA 201-2017 with online access to AIA 503

As you can hear in the video how the $2.6 Million vote went down.  (00:23:00)

Agenda Item #7 – Public Hearing – Wastewater Facility Upgrade.   Explanation and recommended upgrade of the present mechanical system with costs.  Copies of the handout should be available at city office.

Agenda Item #8,# 9, #10, #11, and #12 self explanatory on video.

Agenda Item #13 – legal updates and #14 – Executive session not needed.

Agenda Item #15 – Planned Development District Discussion


Agenda Item #16-Finance Office

          Warrants vote,

          Dakota construction Warrant

          Road Guy Warrant

          Budget- discussion on pay raises, merit, longevity and etc.


Agenda Item #17- None

Agenda Item #18-already dealt with

Agenda Item #19 – EMS Update

Agenda Item #20- Update volunteer roster

Agenda Item #21 – Executive Session to SDCL 1-25-2-1 Personnel

            9:38 p.m.  in Executive session

            9:51  p.m. out of Executive session

Agenda Item #22 Adjourn  9:52 p.m.