Month: August 2023

08/30/2023 A Voice From the Gallery

Beware the fury of a patient man*

John Dryden -*Brainy Quote. https://www.brainyquote.com/quotes/john_dryden_101689.

“

(d)Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both. If such a communication is addressed to a United States judge, a Federal law enforcement officer, or an official who is covered by section 1114, the individual shall be fined under this title, imprisoned not more than 10 years, or both.

(June 25, 1948, ch. 645, 62 Stat. 741; Pub. L. 91–375, § 6(j)(7), Aug. 12, 1970, 84 Stat. 777; Pub. L. 103–322, title XXXIII, §§ 330016(1)(G), (H), (K), 330021(2), Sept. 13, 1994, 108 Stat. 2147, 2150; Pub. L. 107–273, div. C, title I, § 11008(d), Nov. 2, 2002, 116 Stat. 1818.)*

*“18 U.S. Code § 876 – Mailing Threatening Communications.” LII / Legal Information Institute,  http://www.law.cornell.edu/uscode/text/18/876#:~:text=Whoever%2C%20with%20intent%20to%20extort. Accessed 30 Aug. 2023.     

HUMOR ME FOLKS.

Got this in the mail with a postal date of 24 August 2023  PM 2  L notation on the front of the puppy dog postcard stating…Thinking of you. This appeared with five (5) other anonymous letters in my mail.

To Ms. Anonymous Sender, please read the above very carefully.  Oh by the way I would strongly recommend your cohorts read it very carefully, also. 

So folks take a look at the message on the puppy dog postcard.   Take note of the left side of the postcard and the font of the message.  This indicates the writer is moderately versed in calligraphy.  Note the style of the letters ‘w’ with the right elevated upstroke, now note the style of the letters ‘g’ and the ‘y’ with their sweeping descender (that is the final downstroke of the “g” and “y”) and finally note the agitation showing in the dotting of the letter  “i” from the ‘i’ in ‘praying’ to the ‘i’ in ‘will’ to the first and second ‘i’ in writing and lastly the ‘i’ in things.  Note the first two ‘i’ have no ‘tittle’ (the dot over the i), now look at the first “i” in writing which has a small, tentative “tittle” compare that small “tittle” to the large emphasized “tittle” the second “i” in writing and finally to the small offset “tittle” over the “i” in things.  Remarking on the two “P”, first look at the beginning capital “P” with just a small hint of a desender curving up, now look at the second “P” with its loop at the top of the descender.  Finally I would point to the “t”  in stop, writing and things, note the crossing of the “t” starts just above the “x” height of the vertical stem of the “t” traveling at an upward angle to the right.  

Now on to the address portion of the anonymous postcard to the right of the postcard’s vertical midline.  Here the writer makes a concerted effort to disguise their handwriting.  But again I will draw your attention to the V in  Vickie resembles a check mark, and the L in Larsen leans back.  This is a point where the unconscious takes control and reverts to the normal day-to-day style of printing by Ms. Anonymous.  I draw your attention to the letter “n” in the address components, see where the ‘shoulder’ of the “n” has a downward slope as opposed to the “n” on the calligraphic side “n”?  Unfortunately for Ms. Anonymous, her normal handwriting style keeps interfering with her attempt at anonymity.  Again compare the letter “s” on the calligraphic message side with the address side.  One final note on the lettering aspect of this abortive attempt at anonymity, check out the K another ‘tell’.

Finally folks look closely again to the right side of the postcard.  Take note of the smearing to the lower right side of the card and a dark grey smearing under the stamp placement. Was there perhaps another stamp there at one point?  Lastly, the stamp.  The stamp appears to have come from a small book of stamps rather than a coil of stamps, this is purely my presumption.  In my experience coil stamps have two perforated sides rather than four. How this is important is the application of the stamp onto the document to be mailed.  

If the stamp is self-adhesive, it does not have to be licked.  No DNA.  With that pointed out, think about how a self-adhesive stamp is removed from its backing.  I remove a self-adhesive stamp by peeling back with the index finger and with thumb pressure upon placement on the envelope. I would imagine that I am not the only person who applies stamps in this manner.  However any lack of DNA is made up for with the possibility of a thumb print or an index finger print.

Should you be fortunate to have a licked stamp, a good forensic scientist should be able to extract DNA with saline solution swabs and with the help of Ancestry your face will appear like portrait magic in a tray of photographic developing solutions.

I have not yet opened the other predictable, malicious missives (I want to preserve any evidence) pending my choices of reactive response beyond this blog.

08/21/2023 A VOICE FROM THE GALLERY

OBSERVATIONS, SUGGESTIONS AND ISSUES

LEGAL

Transparency in fees, charges and hourly retainer.

  • Billing project by project allotment of fees, charges, billing and number of attorneys, aides, interns, etc.  ie.  Lawsuits, condemnations- municipal resolutions, municipal ordinances, and etc.
  • All opinions given to the mayor and council should be treated as formal and be in written form.  If a verbal opinion is voiced in council meeting whether in person or via telephone, it should be written, dated and signed with the subject matter and involved parties noted.
  • All consultations with advisors with specialties such as Finance Officer or property maintenance will be limited to time on project, written opinions and will have a council member present at that meeting so nothing can be lost in any self-serving translation or paraphrasing.  (my recommendation)  Get rid of Geoff Fillingson, he is redundant.  He is an unnecessary drain on the budget because his opinion is being spoon fed by the city attorney and more than likely has a form which he fills out.  We already pay the attorney, why pay some unnecessary individual $25.00 an hour to replicate legal advice at the retainer fee of the city attorney,
  • All Lawsuits cost of settlement versus cost of representation, subpoenas for financial records not relevant to the details of the damages torte portion of the lawsuit should be considered.

LATE (THAT EVENING) ADDITIONAL NOTES

  • LATE ADDITIONAL NOTES REGARDING COUNCILWOMAN CYNDI PEEPLES WORKING IN THE ALCESTER CITY OFFICES.
  • ALLOWING PATRICIA JURRENS IN THE CITY OFFICES BEHIND THE COUNTER AND IN CITY FILES AND DOCUMENTS WITH/OR WITHOUT SUPERVISIONS.
  • MUST CONSIDER BOTH DOCUMENTS FROM MAYOR DRIESEN, THE RESIGNATION AND THE RESCISSION OF HIS RESIGNATION.

ART GALLERY, DISPLAYS OF FOR-PROFIT ENTITIES AT CITY EXPENSE

The city needs to remove all artwork from the premises of the City Office and Community Event Center immediately.  There is an implied liability, no waiver of liability is in place and the city is being expected to act as a gallerist for the sale of this artwork and maintenance of display.  The city of Alcester and its taxpayers are financing this community center and should not be footing the bill for display, sale of artwork and maintenance of the said artwork.

  • The City should bill Ms. Fagre for the repair of the walls in the City Office and the Community Center for the damage incurred with the hanging of those art pieces.
  • No Sales of artwork or any other for profit merchandise or services should be happening.
  • City personnel will not offer wares for sale at city public arenas.
  • No sidewalk sales hawking merchandise, foods, or promotion items unrelated to city sanctioned fundraisers like city park playground equipment or improvements.
  • City could accept seasonal promotional brochures to be placed within the municipal public areas from such entities as the Alcester Area Chamber of Commerce with all monies to be paid directly to said entity.

ENGINEERING CONSULT

Given the poor performance of what appears to be the city’s present go-to-engineer of choice—should not hire him again given the recent lawsuit emanating from his apparent lamentable lack of ADA knowledge.  If he cannot engineer an ADA SRTS within ADA compliance and which does not flood private homes in the area he is a major liability and needs to be placed upon the do not call list or request for bid list.

MAKE USE OF ALCESTER’S RESIDENT EXPERTS/TRADES PEOPLE

Alcester has trades people with the appropriate backgrounds and provable experience in building projects of most forms who our city council council could consult with, get opinions and options of any municipal project.

  • Council could better make use of the local experts who can explain processes to council members who are not conversant with processes, equipment or construction.

SET UP A BUSINESS OFFICE FILING SYSTEM CONSISTENT WITH TRANSPARENT RECORD RETENTION.

Alcester needs a filing system consistent with normal, common sense  records filing, labeling and storage.  

  • Mayor and council members should be educated to the filing systems so that should there be absence of the usual records keeper the mayor or any council member could find and access and find any given file, form or document of the city easily.  Limited to the mayor and two council members.
  • Familiarize the Mayor and council members with the definition of archival documents, mandated by the State of South Dakota  and/or Federal government for retention.

DEPARTMENT COMMITTEES

  • Alcester Mayor sits on all department committees.
  • Past Alcester City practice, three (3) council members have been assigned to each committee.
  • The purpose of these department committees is to divide up the departments amongst the council, usually to each council member’s area of expertise or experience.
  • The mayor, committee chair and two council members will meet to discuss the operations, needs and overall performance of the department.  This committee will receive written requests for supplies, equipment, suggestions on projects, costs for projects and etc. from employees of that department.
  • The committee chair will sign off on the warrants emanating from their department or in the absence of the committee chair one of the two remaining council members on the committee will sign the warrant with the Alcester Mayor signing the checks for those warrants.
  • In the event of any performance issues, reviews and like business within the department, the department chair and committee will meet with the employee and discuss any issues arising and will then make recommendations to the mayor who will have the ultimate decision..  
  • In addition the department Chair and committee members will meet with any other individuals with pertinent information to any specific issue or department need prior to presentation of requests to the whole council for purchase or action.

POST ALL DOCUMENTS/ITEMS TO BE DISCUSSED IN MEETING ON CITY WEBSITE.

SDCL 1-25-1.4. Information to be posted on state website.

Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:

(1)    Financial statements;

(2)    Audit reports;

(3)    A list of the members of the board or commission;

(4)    A schedule of future meetings;

(5)    Public meeting materials that are available before a public meeting;

(6)    Meeting minutes; and

(7)    Annual reports.

08/16/2023 A Voice From the Gallery

“Never trust the translation or interpretation of something without first trusting its interpreter.” ~ Suzy Kassem*

*150 QUOTES BY SUZY KASSEM [PAGE – 2] | A-Z Quotes. (n.d.). A-Z Quotes. https://www.azquotes.com/author/54644-Suzy_Kassem?p=2

Folks please forgive the delay in publishing this Video, processing a 3 hour, 20 minute video took more time than usual

The August 16, 2023, regular meeting of the Alcester City Council was called to order by Mayor pro-tem Darla Reppe with the following council members present Councilman Kerry Hedden, Councilman Brian Johnson, Councilwoman Julia Sundstrom, Councilwoman Cyndi Peeples with Councilwoman Kendra Hatle taking part via telephone until she could attention in person in the council room.  City Attorney Sam Nelson was also present, in person at the meeting.  The council and the gallery recited the Pledge of Allegiance.

Agenda Item #3 – Approve the agenda was addressed with a “point of order called” which concerned Agenda Item #4 Mayoral interviews.  The point of order addressed the open issue of duly elected Mayor Lukas Driesen, his document of resignation and the document of his rescission of resignation and the legally of proceeding to interview any potential mayoral candidates.  City Attorney Sam Nelson addressed the council and gallery regarding a legal opinion and the threat of the city’s liability insurance carrier continuing to provide liability insurance to the city. (00:12:12.) Mr. Nelson addressing the job that Mayor Lukas, “…from a posistion of impartiality…Mr. Driesen has done a fine job…”)

Questions to Mr. Nelson regarding his opinion from the council and the gallery were addressed and discussed.  The agenda approval was ultimately voted on in the affirmative.

Agenda Item #4 – Public Input – Pastor Scott Connor addressed the council with questions.  Mrs. Trudy Hedden addressed the council with her question, “…can Lukas be re-appointed” and the answer she received was Yes, Lukas Driesen can be re-appointed as Mayor.  

Agenda Item #5 – General Policies Discussion by Vickie Larsen  I addressed the council with concerns, changes in policy to make managing city business and departments more efficient, changing finance procedures and billing form requests from certain vendors of the city to identify specific costs in order to cut costs and eliminate certain fees to have a more realistic budget and dig ourselves out of the hole of over-spending as the past twelve years of dubious, opaque spending. *

* my notes will appear on the blog.

Agenda Item #6 – Community Center- Landon shared with the council the Community Center is losing money being open on Mondays with no appreciable up-tic in the future.  This is due to lack of staff and customer patronage.  

Discussions for carpet cleaning, advertising for part-time bartenders and servers, rental double booking fiasco, walk-through dealing with failures of completion, failures of workmanship of the building, and safety issues with course trees.

Agenda Item #7 – Police Department – No imperative updates.  Report that the National Night Out event went well.

Agenda Item #8 – Legal Updates – Sam. Discussion on property line Setback ordinances, Fencing restrictions, Council-at-large representation as opposed to Ward delinations and Appointment of Abigail Moore and Darla Reppe as authorized officials to act on behalf of the City of Alcester pursuant to Ordinances.

Agenda Item #9 – HRC signature on paperwork for HRC  Mayor Pro-Tem Reppe signed document in front of City Attorney Sam Nelson.

Agenda Item #10 – Wass Funeral Home request for two handicapped parking places in front of their establishment on Second street.  The Council voted to designate two handicapped spaces with possible discussion on designation of signage costs

Agenda Item #11 – Camera Quotes and Decisions.  Discussion took place but no action was taken until more information was available about the number of cameras needed and the capacity of coverage was determined.

Agenda Item #12 – Old Clubhouse Discussion.  Any action on this item was tabled due to whether the council really wanted to undertake the costs of refurbishing versus removing the building retaining ownership and control of the property for future city development and usage.

Agenda Item #13 – Banner Engineering with Tanya Miller via telephone.  Ms. Miller went over re-assessments, $8200.00 charge plus taxes (not to exceed) completion of Engineering Services for the hourly amount including reimbursement expenses plus taxes. Motion was made to approve, passed. Discussion to approve paying Banner Associates $9547.37 already due. Motion was made to approve payment and was approved.

Agenda Item #14 – Pool  Discussion on ongoing issues of the facility and pool which in the long run, would it be cheaper to repair, replace or decommission.

Agenda Item #15 – Finance Office 

Budget preparation by Councilwoman Kendra Hatle.  Note here:  a completed budget due date for city approval is September 1st.   As I understand it, absolutely no work had been started on the budget by former Finance Officer Patricia.  Councilwoman Hatle has been trying to make sense of the hot-mess, failure to maintain common sense, transparent bookkeeping for our city books. Councilwoman Hatle has spent many hours trying to make sense of non-sense.  I believe at the completion of her task, she should be rewarded with monetary compensation for taking this task on.

The council has agreed to contract with a neighboring community’s Finance Officer to come and assist Councilwoman Hatle and Assistant Finance Officer Abigail find their way through the chaos of our city books and to effect regular transparent bookkeeping methods and policies.

Yet another indemnification of Mayor Lukas’ RIGHT to Fire Patricia Jurrens as Alcester Finance Officer and for the Alcester City Council to UNANIMOUSLY approve the termination of Patricia Jurrens. Another note here is albeit hearsay that, “…Ms. Jurrens apparently has been verbally maintaining she voluntarily quit…”  If that is the case, it is my understanding that one cannot apply for unemployment if she/he quits.  It is my information Ms. Jurrens has applied for unemployment…all the while she claimed Mr. Nyreen voluntarily quit and apparently took steps to see to it Mr. Nyreen’s application for unemployment.  Mr. Nyreen was fired, Ms. Jurrens was fired so how is it that Mr. Nyreen who was FIRE was denied unemployment due to a claim he voluntarily quit but Ms. Jurrens who was also FIRED claims she voluntarily quit yet she files for unemployment?  Really?

Question of the compensation for Councilwoman Cyndi Peeples for her volunteering to cover for the vacation related absence of Assistant Finance Officer Abigail Moore.  The council voted to monetarily compensate Councilwoman Peeples but the amount of compensation was placed on hold until an opinion was offered by City Attorney Sam Nelson.

There was a question from the council regarding the presence of FORMER FINANCE OFFICER Pat Jurrens in the city offices behind the counter while Councilwoman Cyndi Peeples was in charge of the city offices.  According to the answer, Ms. Jurrens came in looking for a paper for the library. Why didn’t the Librarian request the document and have it emailed?  Why was she allowed access to city documents and allowed to walk over and just help herself to city documents?  She no longer has ANY RIGHTS to actively accessing city filing systems or protected documents!

Agenda Item #17 –  Executive Session (if Needed) was called.  Immediately a motion from Councilwoman Cyndi Peeples called for an executive session to discuss personnel and that a police officer remain (curious). SDCL 1-25-2 (1) Personnel  This motion violated open meeting law because given the action taken immediately upon exit of the council from Executive Session was the acceptance of the two resignation documents received from Councilman Kyle VandenHul and Mayor Lukas Driesen did not comply with the specific requirements mandated by definition of closed session South Dakota Open Meeting Statute.  This discussion was merely the acceptance of only two of the three documents already received from duly elected Mayor and Councilman.  Therefore because the motion was a violation of executive session statute by barring public participation, depriving the public from input and any discussion of the subject matter and discussion of decision to the acceptance of only two of the three documents received by the council along with the concluding vote.  All decisions and votes are invalid because the Executive Session violated South Dakota Open Meetings Law.

Agenda Item #18 – Council was adjourned at 9:42 p.m

08-14-2023 A Voice From the Gallery

First they ignore you, then they ridicule you, then they fight you, and you win!

Mahatma Gandhi

When I first became aware of the “Letter to the Editor authored by Ms. Paula Fagre” appearing in the August 10, 2023, Number 32, Volume 136, edition of the Alcester Union-Hudonsite” newspaper, I balanced my choices. Play verbal chicken with a flightless bird, initiate a verbal duel with a saber versus an epee or ‘psycho-analyzing’ the statements made in the letter to the editor.   With that said, let’s start with the paragraph-by-paragraph approach below (the red italicized paragraphs) and determine whether I should call the chicken out or give a sharp slashing poke.

¶1  “It has been a long couple of months, after anticipating what turned out to be an EMERGENCY MEETING by the Alcester City Council on 7/2/4/2023.  I will humbly admit that I did not handle myself well under the stress, but I did send a formal apology by letter to this current council for my upset, and my quietly rude gestures-all while they discussed in these endless private executive sessions…”

Humbly Ms. Fagre?  Under stress, Ms. Fagre?  I see no humility and I question your choice of blaming your questionable behavior on stress.  You were not the subject of the executive session.  You sent a formal apology by letter for your upset and your quietly rude gestures???  What is this too little, too late?  A variation on the attitude of, “it is better to apologize than ask for permission…”  Madam you state. “… quietly rude gestures…”.  Are you aware you were in a public government building during a meeting in which an executive session was in process and you were just outside the door stomping and wildly gesticulating at the council in executive session?  You were in effect obstructing and threatening with your gestures, government officials in a closed meeting.  Duh?

¶2  “I wanted to reply to some of the comments made at City Council in regard to my artwork hanging in City Hall, and the Community Event Center in Alcester, SD.  Some of the comments made were alluding to the fact that hanging art in a public space is practically a crime…”

Ms. Fagre, madame artiste there was no allusion to a crime, I merely asked questions why the City of Alcester in the guise of FO Pat Jurrens who appeared to be working as a gallerist for a private and apparently for-profit entity.  The walls of Alcester City Hall and the Alcester Community Center were in effect damaged and or vandalized for the purposes of displaying this personal art show.  I asked the question, was the city being reimbursed for this ongoing display, the cleaning of this art display, the liability for this art display and the employee time spend in managing and cleaning this display.  The city is not in the business of being your private art gallery.  The Alcester Taxpayers are not paying taxes so you can display your ‘wares’ madame artiste and make money off their tax dollars.   Build your own gallery or rent a storage shed so you can open the doors and sell your “art” on the weekends.   You pay for your own facility, You pay for your own advertising and You collect your own cash instead of floating it through the city coffers.  The council did not give its permission to be a gallery for you.  Your inference we should be grateful that you are bringing people into Alcester with your art is ludicrous and presumptuous.

¶3  “…It is quite apparent that one particular lady living in Alcester appears to hate my art or me, because of my association with Patty.  And, for now, not one City Council Member disagrees with that assessment.  I am sincere when I day that I truly believed that hanging art in these places in our little town, would bring color and fun to a working space, and a restaurant.  It was completely free to anyone that chose to enjoy.  And, if I should make a sale here and there, I figured this would be a WIN-WIN situation for all…”

Assuming that I am that lady accused of hating your art or hating your person.  First “madame artiste”, I am no lady and I do not have the title Dame before my name either with an “E” or without an “E”.  I have my own art appreciation.  As to hating you, at this point I have no interest in you one way or the other.  However, that could change given your propensity for libeling, slandering and threatening our duly elected public officials via media venues or in public hallways.

4  “…Never was Patty Jurrens my “personal gallerist: as was stated.  I did not ever have any kind of contract, or was thought to be EXCLUSIVE.  I am guessing that if anyone wanted to share their artwork, it would have been accepted as well.  I was simply bold enough to ASK if it would be OKAY…”

Ms. Fagre, I spoke to the appearance of former Finance Officer Patrica Jurrens acting as a curator or a gallerist. Your reference to former Alcester Finance Officer as your personal gallerist is in error.  I did not say former Alcester Finance Officer was your personal gallerist.  I never got an answer to my question dealing with that subject during council as to what exactly was going on with the art. Why? Because the council was unaware of FOPat’s apparent failure to get the council’s permission, contract, agreement and there was no vote to approve your art display in the city offices or the community center.  Where by the way, YOU are still displaying your wares in the community center and we the people have no idea what the accounting, sales and etc. is taking place. We want that accounting.   You forget Ms. Fagre it appears to have been FOPat and only FOPat who was “allowing” your “Art to be Hung”!  Madam Fagre your guesses are irrelevant.

¶5  “…I don’t think Patty, Wanda, Abigail or Landon spent much time hanging, or rearranging the pieces that I would bring in.  Most of them I hung myself originally.  With the help of my amazing husband, Richard.  And the, I told City Personnel to decide what hung where.  I am not that much of a control freak.  I said…Do whatever you think is best.”

Ms. Fagre the fact you ‘don’t think” says it all.  Ya dumped your ‘art’ on the city, expecting the city employees to take care of it for you on the taxpayer dollar.  WOW In addition Ms. Fagre, I cannot speak to how amazing your husband is or how much of a freak you are no, matter how tempting.

¶6  “…Was I grateful every single time someone purchased an art piece?  Yes.  Absolutely.  I am grateful ANY time someone finds joy in the work that I do.  Am I becoming independently wealthy by my art work?  Not a Chance.  Sometimes I spend more dollars on the art supplies, than I do selling a piece.  Not to mention the hours spent on each one…”

Ms. Fagre, I would not ever try to guess how much you spend on your canvas, acrylics, alcohol ink, wood planks or you Gandma Moses frames.  The hours you spent on your “art” are valuable only in that you are not harassing city officials when you are huddled in your dark studio, creating your art.

¶7  “…My goal was never to hurt a single individual by sharing art work.  As a matter of fact, I have donated at least a dozen pieces EACH YEAR for the past 8 years here in town, to various groups in our local community.

Ms. Fagre what you have or have not donated is not pertinent to your behavior toward our mayor and council members.  I am not inclined to give you a free pass on your behavioral ‘upsets’ just because you donate some canvas, paint and alcohol ink or offered up a crocodile-teared written apology.

¶8  “…I have tried everything I can think of to be a good resident, a nice neighbor and a supporter of this community…”

Ms. Fagre I am not interested in what you have tried but how many people have been bullied by you in those endeavors.

¶9   “…We are retired. And tired, to be honest.  Most don’t even know that Richard had a kidney removed due to renal carcinoma last month, and I just broke a rib.  And yet, so many people have much worse going on, and we realize that …”

Ms. Fagre your husband’s personal health problems are not relevant to the discussion we are having.  However, the broken rib just might be relevant, did that happen the night you visited City Hall and showed those present in the hallway how many foul words you had in your vocabulary?

¶10  “…Our income is SS.  Plus, we are “Janitors for Jesus” at Nathanel Lutheran.  And, Richard drives school bus.  In addition, I have stepped in to teach art at the Alcester Schools when it was needed.  That was Great…”

Ms. Fagre, I am sure HE is grateful for your service. 

¶11  “…We have volunteered in every capacity possible.  And…mostly…I constantly spread the positive word about our little town.  I’m human, so I have had some complaints. But… it was almost always just how wonderful this town has been…”

Ah Ms. Fagre, there is the rub.  You brag about the town but you degrade and threaten our public officials in person and in social media.

¶12  “…I am now very sad, and disturbed at what has happened…”

¶13  “…You think I am devastated?  I cannot even imagine what our finance officer is feeling at this moment….”

Ms. Fagre perhaps you should have been just as devastated when FOPat was harassing our former Finance Officer who was gravely ill.  You should have been just as devastated when she tried to have a young man arrested on false claims via 911 calls or upset with the lies, she has told to the council and the public.

¶14  “…I have now rambled a bit, and spent a full page talking about what feels like being crucified personally.  I could do ten pages as to why Patty should not have been treated with even more cruelty.  Of course…each and every one of her critics has an opinion for this final decision.  Rumors and hearsay are not good reasons…”

Ms. Fagre do not confuse fact for Pat’s fiction or crafting a crown from the pikes of a Yucca plant.  This has been a long time coming and too many residents have been victims of FOPat’s actions, consistant failure to do the job she was paid to do and her manipulations of robbing Percy to pay Patty.

¶15   “…This job…was an impossible job.  No one could win at it.  And…it was said that Patty was hired as a bookkeeper, and that is all she should have been.  Okay.  Fine.  But…if no one stepped into MANAGE the daily events, from petty issues all day long, to HUGE endeavors like the Community Center and the Water Treatment Plant…WHO WOULD HAVE DONE IT?  No one seems to want to help out with ALL THAT!…”

Our former Finance Officer Mike Kezar was doing quite well, he did have an assistant but Mr. Kezar did not have delusions of being City Administrator.  That was all FOPat!  Quite frankly it is my opinion that FOPat did not want anyone to know exactly what it was she was doing and what exactly she was failing to do.  FOPatty do petty issues?  Nah, she wanted the big top, center-ring show grabber! 

¶16  “…And…by the way…a former Council Member said that Patty Jurrens did not have a degree, so she should not even be in that position.  CHECK YOUR FACTS!  She has a 4-year degree from USD in Accounting.  Why are untruths allowed to be stated without corrections?  I would like some Investigation as to where Lukas Driesen graduated from.  I will check.  Being a mayor is a very important position as well.  And my personal experiences have shown me why he might not be the best thing for Alcester.  ASK ME, and I will explain privately.  I do not want to share personal issues in public.  I prefer the positive over the negative.  Always…”

Ms. Fagre as far as asking you about anything, it would seem from recent experience it all depends on what time of the day we would be asking.  After the witching hour or when the needle on the glass registers E?  By the way how was it you broke a rib? So far madame artiste you have not conducted anything in private as it relates to our mayor and you have been more than willing to share your opinion, your prejudice and your vitriol in person and on Facebook which albeit was taken down, H-m-m!

¶17  “…I guess we will now see how it all goes.  By unanimous vote of the current council, Ms. Jurrens has been officially fired, After serving this town for more than a dozen years.  Even though I am a College Graduate, former High School Teacher and Varsity Coach, former Business owner of 7 restaurants in 3 states, Chamber Executive Assistant, Property Manager, Golf Coursen Staff Member, COA Executive Assistant, Lifeguard, Drivers Ed Teacher, Secretary, Janitor and now Artist…I could not care one little bit about credentials.  I only look at how a person lives and operates…”

Ah Gee for someone who. “…could not care one little bit about credentials…”  Ya sure do know how to list them ad nauseum.  Ms. Fagre you go on to say, “I only look at how a person lives and operates…”  So, ma’am taking your own justification for what you look at in how you judge people, YOU are giving me permission to look at how YOU operate and how YOU perceived how FOPat operates.  Ma’am when did you last have YOUR vision checked, H-m-m? Oh by the way Ms. Fagre, do you know how long Mr. Kezar was Finance Officer when he was dismissed? Over thirty years Ms. Fagre. What was his wage at his dismissal? $35K plus or minus. So what was Pat Jurrens starting wage as Finance Officer with no experience? She was hired with no experience as finance officer at $2000.00 more than what Mr. Kezar was making after 30 years of service to the city with an raise to $40,000.00 a year after a short trial period. Still want to hand out thorny crowns to your bestie?

¶18  “…It’s a never-ending spinning toilet bowl recently.  Sadly.  I had high hopes that we were truly better than that.  Speaking of being better, I hear at the council meetings all the time that we need to be respectful of one another.  And yet, there is name calling from a certain lady constantly.  I am known now as “Barstool Betty”, Cosette Hemen (by the way, I corrected your spelling of your ‘friend’s name) is “Nurse Ratched” (again I corrected your spelling of the name of the character Nurse Rached), and Anita is “California Karen”.  She also refers to the beautiful Alcester Community Center as the “Big White Alabatross”.  It is allowed to be printed and filmed and shared among the airwaves.  The names that she has called Pat Jurrens are not even something that I would like to type here. This citizen, that I will not name, is constantly finding fault with someone, and breaking down instead of building up our community.  It appears that she carries a sign that says, “Welcome to Hellcester”.

Ms. Fagre throughout this diatribe you appear to make extensive use of the party favor word “hearsay” and you have sprinkled “misinformation” like the confetti bombs at a Reveal Party.  By the way, did you use your special alcohol ink for your vitriolic, verbal and venomous assault on our elected officials and reporters? Correcting your analogy of “a never-ending, spinning toilet bowl…”  Ms. Fagre a toilet bowl does not spin, the water spins  a- n- d  ma’am the spinning water stops when the defecate is removed through that big hole in the bottom of the toilet bowl! 

I have already corrected your numerous errors in spelling in the above paragraph because I do not want to perpetuate your mistakes. I have referred to the Alcester Community Center as “an Albatross” not big and not white.  You added those terms.  In addition to characterize the Alcester Community Center as beautiful.  Ma’am from what I gather is YOUR definition of beautiful, “Beauty” is definitely in the eye of the beholder and I most assuredly do not share your concept of beauty. 

Ms. Fagre you chafe, .. It (presumably my video blog) is allowed to be printed and filmed and shared among the airwaves…” Madame artiste, remember what the U.S. Constitution says?  Amendment I – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Ms. Fagre, you inventoried you varied accomplishments and trotted them out like grocery coupons in the local newspaper.  Ma’am when you were graduating high school, I was graduating college.  I was proud to be the first in my family to achieve a college degree.  My grade point was not necessarily noteworthy because I paid my way through school.  While I attended a local two-year community college, I went to school during the day and at 4:00 I was punching in at the time clock at Berkeley & Company.  I worked from 4:00 pm to midnight, five days a week year round.  I earned $1.80 per hour, $.10 of that was shift pay.  I ran machines, molding machines, I ran 45 braiding machines which produced braided rope and spooling machines which transferred the plastic strands onto the spools for the braiding machines.  From Iowa Lakes Community College, I went to Northern State College in Aberdeen where I finished out my BA degree in English, with a minor in History and the equivalent of a minor in science due to my insistence on getting a BA degree not a BS degree.  Yes, I am proud of that accomplishment! 

My other accomplishments along the way are only relevant to those services to people along the way.  The good people of Alcester are aware of some of my accomplishments, but not all of them.  Some of what I did was anonymous by choice.  I did not feel the need to brag about them when it may embarrass a recipient or when a pat on the back was better served being attributed to someone else.  So as I said, the good folks of Alcester are aware of my contributions to Alcester.

I do not carry a sign either figuratively or in reality declaring, “Welcome to Hellcester”.  Folks that is a malignant, malevolent characterization of Ms. Fagre’s design.

¶19  “…The real sign reads, “ALCESTER…Small Town Treasure”.  Hope that remains true for the future…Without reminding citizens of this beautiful little town, and our United States of America…and trying to live under our CONSTITUTION…our State Motto remains…” Under God, the people rule”. It is up to the people.  I am only one voice…”

          Ms. Fagre says, “…without reminding citizens of this beautiful little town…”  Sugar ya’ll spouted an Oxymoron ie. “…without reminding…”, but then ya’ll remind them.  Oh by the way Ms. Fagre, I took a class titled, Semantics.  It was a great class.  The South Dakota Motto, “Under God, the people rule” is often interpreted “if the people believe in God, they rule”.  However this is open to interpretation.  What if it really means God has set out the rules to the people, the people must abide by and uphold those rules then and only then the people will rule?

One last thought for you about me Ms. Fagre … “en Garde!”,

One word of encouragement to Mayor Lukas,

“Never confuse a single defeat with a final defeat…F. Scott Fitzgerald.

Throw me to the wolves and I will return leading the pack.

Seneca

08/02/2023 A View From the Gallery

I read a redacted version of this statement to the council.  I was limited to three (3) minutes for which I did not plan and therefore it came off disjointed until the end.

“This concerns the rapid, flimsy and questionable excuses with which the Alcester City Attorney Sam et.al. are attempting to unseat our Mayor Lukas Driesen.”

“The time starts with the pre-election steps Lukas Driesen took to run for the seat of Mayor of Alcester, SD.  Mr. Driesen contacted Finance Officer Patricia Jurrens for the number of signatures he needed for his petition for mayor…” Alcester is a Second Class Municipality.  A second class municipality defined in South Dakota State Statute is a city with a population between 500 and 5000.   According to SDCL 9-13-9, the number of signers required for nominating petitions in first, second and third class municipalities…Time for circulating petitions.

9-13-9. Number of signers required for nominating petitions in first, second, and third class municipalities–Time for circulating petitions.

In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

If the candidate is to be voted for by the voters of a ward of a municipality of the first or second class having more than one ward, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. A petition signer in a municipality of the third class is not restricted in the number of petitions which the person may sign.

No nominating petition may be circulated until on or after the last Friday in January before the election.

Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49; SL 1978, ch 60, § 2; SL 1980, ch 64, § 1; SL 1981, ch 67; SL 1983, ch 52, § 4; SL 1986, ch 67, § 5; SL 1987, ch 76, § 1; SL 1988, ch 63, § 7; SL 1992, ch 60, § 2; SL 2004, ch 75, § 4; SL 2017, ch 57, § 1.

Folks our number was 522 registered voters times 5% equals 26.1 signatures for his petition for mayor.   It is usual to get a few more signatures just to be safe.

Lukas Driesen achieved his signatures and was duly elected Mayor of Alcester, South Dakota.  Alcester Finance Officer Patricia Jurrens administered the Mayoral Oath of Office to Lukas Driesen.  Then Alcester Finance Officer Patricia Jurrens flatly refused to hand over any of the tools of the officer of Mayor which included Keys to offices, keys to any and all municipal buildings and city owned properties.  This blatant insubordination was just another act in a long line of insubordinate behaviors, lies, inexcusable failures to perform her duty, failures to supply accurate and complete information to the duly elected city council and residents and a history of violations of South Dakota statute it became necessary to terminate Finance Officer Patricia Jurrens.

Mayor Driesen used his authority as duly elected mayor, confirmed by Patterson v Linn and removed Patricia Jurrens

Patterson v. Linn, 

#21745 “KONENKAMP, Justice (on reassignment).

[¶1.] By statute, the mayor in an aldermanic-governed municipality has the authority to remove officers the mayor appointed.  Clifford L. Linn, the mayor of Sturgis, summarily fired the city finance officer during her one-year term.  The city has a personnel policy outlining legal procedures for discharging employees, but it was not followed.  The finance officer brought suit.  In granting summary judgment for the mayor and the city, the circuit court concluded that even if the personnel policy applied, it could not override the statute empowering the mayor to remove an officer.  We affirm.”  Considered on Briefs May 29, 2001…Opinion Filed 11/7/2001

https://ujs.sd.gov/Supreme_Court/opiniondetail.aspx?ID=194

from the position of Alcester Finance Officer, terminating her employment on or around July 6, 2023, with a formal confirmation by roll call vote of the Alcester City Council on July 18. 2023.  This process can be viewed and heard in the video presented at www.avoicefromthegallery.com dated July 24, 2023, time stop (00:18:50.90)  AGENDA ITEM #4 with a unanimous vote of the council.  

Unfortunately due to threats and aggressive behaviors toward Mayor Driesen, he offered a letter of resignation but as I understand the situation the letter was not presented to anyone on the council nor the city attorney.  It was just passed on. The council under the direction of President of the council, mayor pro-tem Darla Reppe did not act upon or accept this resignation ‘document’.  On July 26, 2023, Mayor Driesen rescinded that resignation with a written document of rescission of his previous document of resignation and copies of the signed and dated rescission were distributed to the members of the city council.

However, City Attorney Sam Nelson Through Attorney Austin Felts stated the first document stands m and made no comment on the rescission document.  Now let’s talk about the history of the presence of the firm of Frieberg, Nelson and Ask. Attorney at Law as Alcester City Attorneys.

January 8, 2018, the Alcester City council voted to approve the 2018 Retainer agreement between the City of Alcester and Attorney Charles Haugland of Gubbrud, Haugland and Gillespie Law Firm.  Motion was made by Alcester City Councilman David Larsen to approve the retainer agreement, with a second coming from Councilwoman Darla Reppe and with all members of the council having a true and complete copy of the retainer agreement, the council voted unanimously to approve the retainer agreement between the City of Alcester and Charles Haugland, Attorney.

However, on January 9, 2018, Mayor Tom Glass and City Finance Officer Patricia Jurrens hot footed it down the street to Mr. Haugland’s office and announced, “the city council felt that it was ‘time for a change’ concerning the retention of Mr. Haugland’s Law Office and Mr. Haugland in particular…that the city intended to retain Tom Frieberg of Frieberg, Nelson and Ask as the new City Attorney for the City of Alcester…”  With Glass and Jurrens comment he (Mr. Haugland) would remain until sales documents were completed.  Mr. Haugland responded, “NO!”  Mr Haugland tendered his Letter of Resignation January 16, 2018.

WOW the council of two, Glass and Jurrens ‘decided’ it was time for a change less than 24 hours after the council voted unanimously to approve the retainer agreement which awarded Mr. Haugland $105.00 per hour for his legal services.

There was no meeting on January 9, 2018, for the council to meet and decide… JUST Glass and Jurrens yapping.  Now folks about that ‘new’ retainer agreement.  Moving on to the February 5, 2018, council meeting where Tom Frieberg is seated at the council table, n ote vidieo.  Man,  Mr. Haugland’s seat did not even have time to get cold.  Now Mr. Tom Frieberg is called upon to review the ‘New’ 2018 Retainer Agreement which awarded $150.00 per hour fee to Tom Frieberg and $125.00 per hour fee to Mr. Sam Nelson..  So who wrote that ‘New’ 2018 Retainer Agreement?  Was it Finance Officer Patricia Jurrens who had already pinched Mr. Hauglands work-product to suit her ‘needs’ or was it Councilwoman Melissa Kay, a law student?   After Mr. Frieberg’s ‘review’, Councilman Dan Haeder moved to approve the ‘new’ 2018 Retainer Agreement, using Freiberg, Nelson and Ask Law as the city of Alcester’s new city attorneys. I gotta wonder if ol’ FOPat was a client of Frieberg, Nelson and Ask.

Now Finance Officer Patricia Jurrens does not like or trust Mayor Lukas.  Her words not mine.  UP STEPS the firm of Frieberg, Nelson and Ask opine-ing and arguing Mayor Lukas’s letter of resignation stands…but his letter of rescission (The revocation, cancellation, or repeal of a law, order, or agreement. “the plaintiff agreed to the rescission of the agreement”) does not?  

WRONG!

  They are both legal documents and duly signed and dated.

Then there was a hear-say comment that Councilwoman Hatle could take part in the meeting via telephone but she could not vote.

WRONG!

From 08/30/2020 through and past the date of 03/15/2021, the city of Alcester carried telephone participation where absent council members participated and VOTED via roll-call vote via telephone.  As well as our city attorney Sam Nelson has on numerous occasions taken part with opinions etc. when he has been away in Pierre Lobbying or whatever called him away from our council meetings. 

In the October 2, 2019, meeting held in the Alcester Golf Course ‘clubhouse’ I made a comment on how often a lawyer was correct.  Something to the effect that a lawyer is only right half the time and I asked him (Sam) which half he was working on?  With that said, please take note of my video of April 15, 2019, where the ballots from the election were being canvassed.  Take note in the video where the ballot box was illegally opened, the ballots were illegally dealt out to the city council members by Councilman Dan Haeder and how Councilman Dan Haeder held the totally empty ballot box up to show my camera.  Big time Election violation, which I wrote up a complaint and filed.  A DCI agent viewed the video when he came to visit me and questioned me regarding that complaint.  NOTE:  the lower left hand part of the video, note that City Attorney Sam was in attendance and sat quietly watching and without comment as to the illegality of what he was witnessing.  Sam was …

WRONG AGAIN!

So I concluded my abbreviated remarks with:

 “…when you (the council) go into executive session to discuss the position of Mayor… VOTE to accept Mayor Lukas’s recession document which negates the resignation document and returns Mayor Lukas to his place as Mayor or you may VOTE TO APPOINT Mayor Lukas without taking any more interviews, restoring him to his duly elected position to Mayor of Alcester.

It is a sad commentary when the threat of a lawsuit is used to force a city council to acquiesce to bad advice whether it comes from a local drunk, a cry-baby countess of self-entitlement, a beer can throwing coward, or ubiquitous, omni-present threats of a lawsuit.

07/31/2023 A Voice From the Gallery

”…Sara McCulough. financial advisor and owner of WD Development in Kitchener, Ontario defines  financial gaslighting as a form of abuse characterized by the deliberate falsification of financial information, or deliberately providing false accounts of financial transactions over time. In the Merriam Webster dictionary, “gaslighting” is defined in part as “psychological manipulation of a person usually over an extended period of time,” and “the act or practice of grossly misleading someone, especially for one’s own advantage…”

https://www.wealthprofessional.ca/news/industry-news/are-clashing-couples-overplaying-the-financial-gaslighting-card/374596#:~:text=McCullough%20(pictured%20above%2C%20left),of%20financial%20transactions%20over%20time.

The  July 31, 2023, meeting of the Alcester City Council was called to order on by  Councilwoman Darla Reppe, mayor pro tem at 7:00 p.m. with Councilman Kerry Hedden, Councilwoman Cyndi Peeples, Councilwoman Julia Sundstrom and Councilwoman Kendra Hatle present via telephone.  No city attorneys were present with the exception of Attorney Sam Nelson via telephone to explain some things.  Councilwoman Kendra Hatle,   Absent were Mayor Lukas Driesen, Attorney Austin Felts, and City Attorney Sam Nelsen.  The council and gallery recited the Pledge of Allegiance. 

Due to the length of the meeting, I am going to limit the use of time markers.

(00:43.23)  AGENDA ITEM #3 – Approve Agenda   Amendments made to place agenda item #15 OLD CLUBHOUSE just after agenda approval and agenda item #5 PUBLIC INPUT after the clubhouse agenda item and preceding Agenda Item #4.  Agenda was approve with the amendments.

(00:01:31.47)  AGENDA ITEM #15  – Old Clubhouse   Discussion with Shelly Rus.

(00:07:12.73)  AGENDA ITEM #5 –  Public Input 

          VICKIE LARSEN WITH A STATEMENT limited by three minutes time frame.  Outlining Lukas Driesen duly elected Mayor, outlining the number of signatures for his petition.  522 registered voters times 5% which would require 26 signatures on his petition which he achieved and was duly elected.  I dealt with the withholding of the keys, passwords and etc. by the Finance Officer Patricia Jurrens.  I will release the entirety of my remarks in a later posting.

          TOM WALSH asked for a copy of last year’s budget and the budget for next year.

          DARLA REPPE spoke to an issue of the purchase of three cemetery lots but no one ever got back to the prospective purchaser and another mail box which had been knocked over during the snow season.

(00:15:55.83)  AGENDA ITEM #6 – Community Center reservation- Mindie Selchert  Issues with lost reservations on numerous occasions.  Can the city find a better methold.

(00:29:01.43)  AGENDA ITEM #4 – Alderman vacancy – Executive session at 6:30 out of Executive session at 7:00.  Motion and second to appoint Brian Johnson as Ward II councilman with unanimous  Aye votes Mr. Johnson was appointed as Ward II councilman. (00:30:46.47)

(00:32:37.33) AGENDA ITEM #7 – West Clark Street Building Permit- Tabled from 7/18/2023 Meeting 

(00:38:27.17)  AGENDA ITEM #8  –  Fairgrounds- Easement- Tabled from 7/6/2023 Meeting   Easement was approved.

(00:39:37.53)  AGENDA ITEM #9 –Banner Associates- Michael Leuthold  I will give a more detailed accounting written in a later post.

(00:01:06:05.60)  AGENDA ITEM #10 – Community Center/Golf Course Updates- Landon Nygard  Freezer  approved and new hire PT cook hired Cameron Squires at 12.00/hour

(00:01:10:59.57)  AGENDA ITEM #11 – Police Department- Chief Thompson, Officer Kleinschmit  Both Officer Kleinschmit and Police Chief Thompson received $2.21 per hour raises bringing Officer Kyle Kleinschmit to $21.50 and Chief Jared Thompson to $29.12 with an agreement there would be no cost of living raise in January.

(00:01:20:44.37)  AGENDA ITEM #12 – Homecoming Fireworks  Approved

(00:)   AGENDA ITEM #13 – Legal Updates- Austin Felts  No updates from Attorney Felts.

(00:01:22:02.93)  AGENDA ITEM #14  – Camera Quotes- Tabled from 7/6/2023 Meeting Once again tabled to get our expert camera guy to meet with the camera vendor.

 (00:01:26:18.23)  AGENDA ITEM #16 –  Finance Office Updates- Abigail Moore  (00:01:29:41.63) APPROVAL TO ADVERTISE FOR THE VACANT FINANCE OFFICER POSITION.  APPROVE UNANIMOUS VOTE.  (01:37:23.17)  MOTION AND SECOND TO GIVE ABIGAIL MOORE A $3.00 PER HOUR STIPEND FOR HER EXTENDED DUTIES UNTIL A NEW FINANCE OFFICER IS HIRED.  MOTION PASSED UNANIMOUSLY.

(00:)  AGENDA ITEM #17  – Executive Session – (if needed)  NOT NEEDED

(00:1:39:31.23)  AGENDA ITEM #18  –  Adjourn  8:42 P.M.

Contact City Council

        

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Brian Johnson     – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

Councilwoman Julia Sundstrom  Ward I