08/01/2022 A Voice From the Gallery

FORWARD

I acknowledge some inadvertent mis-information I shared with the City Council and gallery members during the August 1, 2022, meeting. (1:00:46.97)  I was in error when I made a statement regarding a past contract amount which was signed on the 3rd day of November, 2015 between the City of Alcester and Deem Enterprises and commencing on January 1, 2016 through the last day of December 2016.  In this agreement, “the operator agreed to pay the City the sum of Fourteen Thousand, Four Hundred Dollars ($14,400.00) paying in monthly installments of One Thousand Two Hundred Dollars ($1200.00) per month”  which I mis-stated in last night’s meeting.  I apologize for the mis-statement.  In the years prior to the 2016 contract the Alcester Bar had been pulling in much higher rental fees but unfortunately there was an event which cost the city money and the city had no candidates for the Bar lease and the 2016 lease rent dropped substantially, down to $1200 per month.  Each succeeding year after 2016 the rental income from the bar was stagnant but the expenses continued to grow.  I looked at the 2016 lease before the meeting to refresh and verify the monthly income.  Unfortunately only the $14,400.00 figure stuck in my memory last evening.  I should have realized the $14400. was not accurate as a monthly rate but I did not.  My purpose in raising the issue of rent was to recognise the prospective gain in bar lease rents to the point where the rents were even with the expenses.  I make this statement to correct my error.  I still believe the bar building/premises should be sold into private hands and the city get out of the rental business and get away from competing with our local businesses.

Mayor Dan Haeder called the  August 1, 2022, meeting reciting the Pledge of Allegiance with Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Kyle VanderHull, Alcester City Attorney Sam Nelson and gallery.

Agenda item #3(0:0051.70)  Approve the agenda.  An error in the agenda was noted by Councilwoman Linda Talbott under Agenda Item #6 subsect. (b) referencing the term Quick Claim Deed was incorrect.  The correct term is Quit Claim Deed.  Once that correction identified and made, the council approved of the Agenda with the correcting change in place.

Agenda item #4(0:02:03.30)  Approve minutes of the July 5 & July 19, 2022 meetings.  Unanimously approved without additions or corrections.

Agenda Item #5(0:02:42.17)  Public Input  

          Vickie Larsen (0:02:49.93) presented input on an opinion on the language of the Alcester Bar Lease.  As I noted in my input ‘troubling language” while I did not address specifically in my video remarks, I will note a few of the here: 

          “…ITEM 10-ALTERATIONS, ADDITIONS AND IMPROVEMENTS…All alterations, additions and improvements on or in the demised (fancy legal term for the property the tenant is renting under a lease) premises at the commencement of the term, and any that may be erected or installed during the term of this lease and Operation Agreement, shall become part of the ‘demised premises’ and the sole property of the City.  Operator shall make no alternations, additions and improvements to the described premises without the prior written consent of City

          VICKIE opinion-Okay so the Operator formally agrees to refer any alternation, addition and improvement plans in advance to the full council of the City of Alcester.  Once said Operator has received formal, written approval by vote of the Alcester City Council, he/she may contract and begin start-of-work of plans which have written approval of the by full  of the City of Alcester.  

ITEM 11-REPAIRS…Operator shall maintain the building premises and any improvements, additions or alterations thereto in a good, safe and substantially condition to the condition existing at the commencement of this Lease and Operating Agreement, and shall use all reasonable precautions to prevent waste, damage or injury to the demised premises.  Operator shall also, at his/her own cost and expense, put, and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice, rubbish and other obstructions ( you mean the $500.00 garbage cans FOPAT needed?)or encumbrances, the sidewalk areas, gutter and curb in front of and adjacent to the ‘demised premises’…

          VICKIE opinion- By the statement “condition existing at the commencement of this Lease” which is contained within the contract-for-lease, the City of Alcester is indemnifying/guaranteeing conditions within the ‘demined premises’ as being up-to-building code, up-to-health code and safe bar operations code at the time of the effective date and/o date of taking possession by the Lessee/Operator unless any adverse conditions have been made known to the city, identified as needing repair and are on a schedule to be repaired in advance of the possession by the Lessee.

          ITEM 14 – INDEMNITY…The Operator shall indemnify the City against all expenses, liabilities and claims of any kind, including reasonable attorney’s fees, by or on behalf of any person or entity arising out of either (1) a failure by Operator to perform any of the terms of this lease and agreement, (2) any injury or damage happening on or about the ‘demised premises’, (3) failure to comply with any law of any governmental authority (4) any mechanic’s lien or security interest filed against the ‘demised premises’ for equipment, materials or alternations of buildings or improvements thereon, contracted for by the Operator, or (5) losses sustained by any person as a result of the operation of Video Lottery within the ‘demised premises’

          VICKIE opinion – By this indemnification statement’s insertion into the contract the City wants the Operator-alone to stand responsible for, “…all expenses, liabilities and claims of any kind …”  Even though the City is dictating all terms and conditions which affect most forms of liability.  The City formally approves all improvements, additions and alterations as well as the City dictates the Operator and his/her employees meet the ‘good character’ requirements of SDCL 35-2-6.2.  The City stands as Governance and Final decision maker with that said it is my opinion it(the City) is the Cheese who stands alone before the judge and jury of any legal actions.

          VICKIE opinion – The statement regarding, “…losses sustained by any person as a result of the operation of Video Lottery within the ‘demised premises’…”  In this context it appears the City wants the Operator to stand liable for any losses an incautious gambler may incur by and through Video Lottery from gambling with money he/she does not have to lose, losses he/she may incur due to a program glitch/incursion, to being assaulted for a winning ticket.  All of which the Operator has no hand in choices another person makes of their own free will, conditions beyond the Operator’s reasonable control and the actions of another actor’s choices.

          Vickie Larsen (0:04:03.77) presented an opinion on the Authorization of City of Alcester Credit Card with the limits per department as follows:  Finance Office – FO Jurrens $1000, Police Dept. – Chief Austin Schuller $1000, Street Dept.- Lonnie Johnson $1000, Water/Wastewater Dept. – Dale Pearson $1000, Finance Office – Assistant Abigail Moore $500, Police Dept. – Officer Grayson Cannon-Lass $500, and Library – Librarian Paige German $500.  It is to be noted here contrary to a past event, if the card holder exceeds his/her assigned limit on his/her City of Alcester Credit Card it is not permissible to place any overage charges on one of the other Alcester City Department Credit Cards.  This got my attention when I was leafing my way through duly appropriated FOIA records.  With that said, perhaps the next audit should be a Forensic Audit and records disappear as did the January text messages of the U.S. Secret Service.

          Councilwoman Darla Reppe and Councilwoman Linda Talbott (0:05:31.10) participated in sharing concerns of their Ward members during Public Input. Public Input has become a wonderful venue in which Alcester City Council members are able to share the concerns of their Ward residents with the council, the mayor and the rest of the city.  Having the Council members voice their concerns and those of their constituents allow the residents of Alcester hear their voices have been heard and not have to wonder when they call Mayor Haeder about an issue and hear a recorded voice tell them to leave a message at the tone where the mayor has the ability with the help of his APP. to erase, ignore or block any resident he chooses not to be on his call list.

          Additionally Mayor Haeder you DO NOT tell OUR city council representatives what to do, who to listen to and how to vote.  Mayor Haeder how dare you presume to voice a veiled criticism of Councilwoman Reppe and Councilwoman Talbott because they shared during Public Input when you asked (0:07:02.92) “…was that complaint considered public input…?”  Or  (0:07:15.13) when you asked, “…if somebody comes into the Finance Office to file a written complaint, is that considered public input?…”  I disagree with Counselor Nelson in his answer to Mayor Haeder. While I understand the semantics Mr. Nelson is alluding to, by simple definition public input is the opportunity for citizens to provide information, facts, data, figures, and opinions respecting an issue before a governing entity. A correction here and make no mistake this is not a veiled criticism Mayor Haeder, it is an in-your-face criticism! IT IS THE OFFICE OF THE CITY OF ALCESTER!  Which just happens to house the finance office, city files, site of city council meetings and on occasion fulfills the honor of voting precinct.  With that correction on the record, I would also voice a complaint relating to the so-called finance office.  If a resident actually goes to City Hall to lodge a complaint or request agenda placement, depending who they are they are advised by FOPAT/Mayor (at least in my case and as I understand it others have experienced the advice from FOPAT/Mayor) to do Public Input.  Where you may or may not be granted time to speak.  In fact in my case during one of my inputs, the Mayor repeated several times NEXT!

So Yeah Mayor the council is allowed to participate in Public Input, after all they are members of the Public and it is their duty to speak for their Constituents, too!

Agenda Item #6 – (0:08:03.33)   Legal Updates 505 Ofstad

          Update- City Attorney Sam Nelson gave an summary of actions on the 505 Ofstad Property.

          Quit Claim Deed Motion Parcel 01.03.01.1025  This is an adverse action to pass a real property from one person to another or one entity to another entity without a guarantee of ownership.  For example I could, if I wanted to live dangerously, issue a quit claim deed to the Albatross on Sixth street stating for a consideration I would give up all my interests in the building, outbuilding and real property at, I would not be liable for any defects in the title nor would I be liable for any damages for any defects.

          The council voted to accept the issuance of a Quit Claim Deed on the 505 Ofstad Property.  Once the City has the Quit Claim Deed, the intent is to sell the property to recover collection, demolition costs and legal costs of the property transfer.  Question was this the most recent form of the South Dakota Quit Claim Deed?

          Acceptance of Bid of demolition.  The council voted to award the demolition of 505 Ofstad to Bidder Scott Persing Excavation for $12000.00  time frame of 08/08/2022-08/12/2022.  Council voted unanimously.

Agenda Item #7  – (0:22:14.03) Legal Updates 307 Iowa

No Action taken, waiting for updates.  (0:22:19.13)  At this point we can hear FOPAT yapping and asking questions of City Attorney Nelson. 

FOPAT HAS NOT BEEN RECOGNIZED by Mayor Header and there has been no agenda item called, SO why the devil is she asking questions out-of-order, without any standing and acting like a councilmember?             

 Agenda Item #8 – (0:30:17.80)  Alcester Bar Bid Opening   6:30 P.M.  Mayor Haeder made a production of opening the bids for the lease of the property called the Alcester Bar.  Lease document can be found on the city website.

(0:31:17.07)  Augustine LaFramboise #1  $1520.00 per month initially rent to purchase but became rent for the time being.

(0:34:35.27)  Rick & Laura Walleen #2  $1405.00 per month rent

(0:38:56.70)  Melissa Koenan #3  $1413.00 per month rent

 Alcester Bar Lease was awarded to Augustine LaFramboise by unanimous vote.

 Agenda Item #9(1:01:38.50) Public Hearing 7:00 P.M.  Representatives from Alcester Quik Stop and Total Stop Grocery were present for the public hearing.  Off sale Liquor License awarded to Total Stop Grocery by unanimous vote.

 Agenda Item #10(1:10:56.10)  Police Dept – Chief Schuller Update

Executive Session  SDCL 1-25-2.1 (1:22:34.67)  Personnel

in session at 7:23 P.M.  out session at 7:55 P.M.

Hire:  Lisa Schenzel Part-time  $17.75 per hour.  vote unanimous

 Agenda Item #11 – (0:25:21.07)  Golf Course/Community Center Updates

Motion to Hire was inserted into the agenda item but no hire imminent. 

Agenda Item #12 –  (0:23:33.20) DANR Award Certificates  Mayor Haeder announces a DANR certification and award for water quality and etc.

Agenda Item #13 – (1:30:04.90)  Finance Office

(1:36:28.57)  Budget meeting set for 08/09/2022 at 6:00 P.M

(1:36:58.63)  Approve July Warrants Approved unanimously

(1:37:32.40)  City of Alcester Credit Card limit approval  Note:  FOPAT announced that Wanda will be done sometime in August and upon her leaving the City of Alcester Credit Card in her name will be destroyed.  Approved unanimously

(1:39:04.00)  Removal of Wanda Halverson from the city bank accounts and addition of Abigail Moore to the account along with Dan Haeder, Patricia Jurrens Lukas Driesen and Linda Talbott.  Approve unanimously.

(1:40:40.50)  Change of meeting date of September 5, 2022, to September 6, 2022, at 6:00 P.M. due to Labor Day Holiday.  Unanimous vote aye.

(1:42:09.87)  Incident at pool, behavioral issue.  Punitive measures were taken.  An official complaint was made.

 Agenda Item #14(0:26:18.40)  HRC Update  Announcement of HRC tenant moving out as of August 11,2022, and the open unit will be offered for sale.  Mayor gave report.

Agenda Item #15   Executive Session  NOT NEEDED

Agenda Item #16  (1:47:51.83) Adjourn

Let your City Council Know!

Contact City Council

Mayor Dan Haeder                             605-934-2287     

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples                    605-934-2096

Councilman Lukas Driesen              605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517