11/07/2022 A VOICE FROM THE GALLERY

The November 7, 2022, of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull present with Councilwoman Cyndi Peeples and City Attorney Sam Nelson absent.  The council and gallery recited the pledge of allegiance. 

(00:01:05.37)  AGENDA ITEM #3 – APPROVE AGENDA  Under discussion Councilman VandenHull asked about Agenda Item #8 Legal Update Sam Nelson, whether this agenda item would be discussion since City Attorney Sam Nelson was absent.  Upon answer provided by Mayor Haeder, Sam would be available via telephone should it be necessary.  (00:01:50.53)  Mayor advises the council that City Attorney Sam Nelson would like an Executive session at 6:45 p.m. (00:02:09.77)  Mayor doesn’t know where that 6:45 p.m. Executive session would fit in and he doesn’t know whether the agenda needs to be amended.  WONDERFUL!  Amazing what the Mayor doesn’t know!  UNANIMOUSE VOTE OF THREE (3) AYES to approve the agenda without change.

(00:03:16.43)   AGENDA ITEM #4 – APPROVE MINUTES OF THE OCTOBER 10,2022 AND OCTOBER 24, 2022, MEETINGS  No discussion or change, the minutes are approved as written.  UNANIMOUS VOTE OF THREE (3) AYES to approve the minutes unchanged.

(00:04:04.30)  AGENDA ITEM #5 – PUBLIC  INPUT 

          (00:04:09.60)  VICKIE LARSEN  Report of sewer backup from October 24th meeting, question put to Mayor Haeder, has the update in sewer infrastructure been pushed back a couple of years to meet the city’s ability to pay for the upgrade in the facility?  Listen to what Mayor Haeder has to say or perhaps not to say!  So it appears Mayor Haeder is unconcerned that Ward I residents are expected to pay a street tax for dirt streets and increased water and waste water bills for the thrill of sewer back-ups.  Folks listen to the silence. (00:05:05.57)  Report of City rejecting an application for unemployment  I asked the council did they vote to reject an application for unemployment.  Council members said there was no vote, I asked who authorized and wrote the letter of rejection.  Listen again to the answer.  (00:05:58.17)  Mayor Haeder responds, “…we had a meeting today…and we’ll see where it goes…Next”  Oh, ho Mayor Haeder doesn’t want to talk any more about it. WOW!  (00:06:09.03)  Question on Mayor’s pedophile comment from October 24th meeting. Listen to the exchange.  I reported I checked the list of sexual offenders and Alcester had only one registered offender which was not listed as a pedophile.  Mayor replies (00:06:45.50) in a sotto voce and asinine tone , “…only one, only one…Next”  Mayor Haeder still doesn’t want to talk any more about my question.  AH GEE!  (00:06.55.07)  Comment of polling site in the city finance office.   

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place–Violation as misdemeanor.

Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain a campaign office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter’s free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election, within one hundred feet of a polling place. For the purposes of this section, the term, polling place, means a designated place voters may go to vote on the day of the election or go to vote absentee. A violation of this section is a Class 2 misdemeanor.

Source: SL 1897, ch 60, § 39; RPolC 1903, § 1923; RC 1919, § 7273; SL 1921, ch 222, § 1; SDC 1939, §§ 16.1209, 16.9920; SL 1974, ch 118, § 103; SL 1982, ch 86, § 84; SL 1985, ch 114; SL 2008, ch 34, § 14; SL 2009, ch 69, § 5; SL 2014, ch 71, § 1.

(00:08:27.83)  GORDON RICHARD PUBLIC INPUT  HRC report referring to the signs on the edge of town and the state of disrepair of the Welcome to Alcester Signs put up in the late 80’s by the Commercial Club now known as the Alcester Area Chamber of Commerce.

(00:09:33.83)  AGENDA ITEM #6  CHAMBER CHRISTMAS TREE LIGHTING  The Alcester Area Chamber of Commerce in conjunction and cooperation with One More Bar requested special permit for alcohol at the juncture of Iowa street and Second Street during the hours of 5:00 p.m. to 8:00 p.m.  Council approved the permit.  UNANIMOUS  VOTE OF THREE (3) AYE

(00:13:41.90)  AGENDA ITEM #7  STORM SEWERS  SOUTH  IOWA STREET.  City hired Roto Rooter to video some 249.7 feet of ‘steel pipe’ from somewhere south of First Street and Iowa Street junction to the Creek.  Sink holes have been occurring in Iowa Street South creating a hazard and Mayor Haeder wants to get to the ‘bottom’ of them.  Follow Mayor Haeder’s part of the discussion and his interpretation of the photos.  Mayor Haeder says, “…the corrugated…tubing is okay…the holes are in the top…”  The bookkeeper is not sure what needs to be done, well-go-howdy.  If the bookkeeper cannot understand the source of a hole, well there ya go FOPat doesn’t understand the video pictures of a wastewater line.  NO ACTION TAKEN.

(00:19:00.47)  AGENDA ITEM #8  LEGAL UPDATES CITY ATTORNEY SAM NELSON  NOTHING DONE

(00:19:20.20)  AGENDA ITEM #9  POLICE DEPARTMENT  Police Chief Austin Schuller and Office Grayson Lass were present.  Chief Schuller gave the monthly update and discussed police actions and investigation of the past week or so.  Business addressed (00:22:31.73) was the approval of the Radio Purchase of a Motorola Solutions invoice for $8,284.25 for Radio upgrade to be assessed against the 2023 Police Department budget.  Council approved the purchase UNANIMOUS VOTE OF THREE (3) AYE VOTE.  At this point (00:26:41.00) MOTION FOR EXECUTIVE SESSION UNANIMOUS THREE (3) AYES.  6:27 P.M. OUT OF EXECUTIVE SESSION FOR POLICE PERSONNEL AT 6:48 P.M.  NO ACTION TAKEN

(00:28:16.20)  AGENDA ITEM #8 REVISITED WITH EXECUTIVE SESSION WITH TELEPHONIC PARTICIPATION BY CITY ATTORNEY SAM NELSON SDCL 1-25-2.3 LEGAL.  (00:30:00.77) NO ACTION TAKEN ARISING OUT OF EXECUTIVE SESSION LEGAL.

(00:30:22.03) AGENDA ITEM #10 FINANCE OFFICE  DIRECT DEPOSIT forms to be filled out by city employees and other authorization housekeeping facilitating the move to Direct Deposit described by Finance officer Moore.  (00:35:08.90) APPROVAL OF WARRANTS.  October warrants were approved UNANIMOUS WITH THREE (3) AYE VOTES.  (00:36:32.33) 2023 OPERATING LIQUOR LICENSE AGREEMENTS WITH TOTAL STOP, ONE MORE AND ALCESTER GOLF COURSE.  UNANIMOUS WITH THREE (3) AYE VOTES.  Reminders and Updates. 

(00:39:10.97) AGENDA ITEM #11  HRC UPDATE  None

(00:40:33.33) AGENDA ITEM #12  EXECUTIVE SESSION  NOT NEEDED

(00:40:45.33) AGENDA ITEM #13  GOLF COURSE/EVENT CENTER  Information coming out of the agenda item is that errors in construction and failures in construction have not been completely resolved with final inspection to take place within the month of December.

(00:43:17.50)  AGENDA ITEM #14  ADJOURN    7:13 P.M.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

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10/10/2022 A Voice From the Gallery

The October 10, 2022, of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull and City Attorney Sam Nelson present with Councilwoman Cyndi Peeples absent.  The council and gallery recited the pledge of allegiance.  This meeting was pushed back because FOPAT had a previous engagement…aw.  So the city council members and the residents of Alcester were inconvenienced by not only the date change of the first October meeting originally scheduled for October 3, 2022, but the second meeting was also changed, ” ’cause there must be two weeks between meetings.” 

The city bookkeeper’s presence is not necessary to the meeting, the city attorney can take notes.

(00:36.43)  Mayor Haeder announced he must leave at 8:30 p.m. in order to go home to change for his new job at Walmart Supercenter late shift. 

(00:49.10)  Mayor says, “…limit our discussion as best we can…” So it would seem Mayor Haeder is telling the good citizens of Alcester that they are coming in second to his Walmart job and the business of the city of Alcester is also coming in second.  WOW!

(00:58.90)  Mayor Haeder announces,  “Councilwoman Cyndi Peeples is out, so we have just three council members voting…”

(00:01:07.70)  AGENDA ITEM #3 – APPROVE AGENDA  The council of three approves the agenda as written.  Unanimous three (3)vote.

(00:01:45.50)   AGENDA ITEM #4 – APPROVE MINUTES OF THE SEPTEMBER  6TH AND 19TH MEETINGS   The council of three approve the minutes of the Alcester City Council Meetings of September 6, 2022, and September 19, 2022, with no changes.  Unanimous three (3) vote.

(00:02:27.93)   AGENDA ITEM #5 – WASTEWATER  FACILITY  UPGRADE – BID RESULTS AND APPROVAL  –  BANNER ENGINEERING AGAIN.   BannerRepresentative Tanya (00:02:57.77) announces the two bids received:  $4,823,891.00 and $4,984,000.00.  Discussion of how are we going to pay for this $1.7 million short fall took place.  (00:08:37.03)  Councilman Kyle VandenHull asks how are we going to pay for this, where is the money coming from?  FOPat replies in a whispery voice (00:09:02.73)  Everybody   Presumable all taxpayers in Alcester! Enter Mayor Haeder stage right to yap about how past councils should have done things in past upgrades.  YO Mayor Haeder were you here for those decisions on funding and need for Waste treatment and Water treatment?  I don’t recall hearing your voice when former Mayor Shefte wanted to scrap the Mechanical Facility to install Ponds.  I remember a group of us traveled to Pierre to speak to the subject and in opposition to Mayor Shefte’s Pond Position.  (00:11:35.37)  Tanya Miller of Banner projected under projected conditions an additional cost of $11.15 per month, per customer over thirty years. As Mayor Haeder did his run up to a call for vote to approve I raised my hand and asked to be recognised (00:16:53.27).  After Mayor Haeder did a side-wise pleading look to Attorney Sam Nelson as if to say do I have to and Attorney Sam tells Mayor Haeder it is his choice, I was recognised.  I voiced my concerns of an grossly abbreviated council making a $4.8 Million decision.  I questioned the validity of a quorum of three.  I question the apparent fact that two enterprise funds cannot pay for upgrades in the very systems supporting those funds.  Using a simplistic theory of an municipal enterprise fund is that, water fees are set with a modest profit and which profit is banked in an interest bearing account to offset any future major updates or changes to the system.  These named enterprise funds along with any interest they have accrued can only be spent toward the systems from which the moneys are generated.  PERIOD.  In essence I spoke against any decision made by a questionable quorum of three.  I pointed out there were two Council from Ward III, one Council from Ward II and NO representation from Ward I (the Alcester City Ward most affected by the raise in fees and the issues with the Wastewater system.  I also spoke to the possibility of an Initiative or Referendum signed by the public to put the issue to a public vote.  At this point the quorum of three were roll-called to ask their feelings on this issue.  All three were in agreement, they wanted additional time to speak with their constituents and gain a fourth councilmember before making a $4.8 Million decision with few guarantees.  (00:20:12.13)  Mayor Haeder interrupts when the words  INITIATIVE AND REFERENDUM  are introduced with, “…THAT’S ENOUGH…, WE WANT TO GET THROUGH THIS…”

One more thing.  The city of Alcester due to a formula which found Alcester to have a high ratio of retired, limited income and aging home owners was declared impoverished and had a cap placed, limiting any fee raises to 3% over a specific time frame.

ALCESTER WARD I,  YOU NEED YOUR VOICE BACK ON THE COUNCIL.

(00:24:11.63)  AGENDA ITEM #6 – PUBLIC  INPUT –

          (00:24:21.23)  VICKIE LARSEN  

          (00:24:31.43)  Language of the annexation which places South Iowa and all adjoining roads         

          February 4, 2016,  Unapproved minutes Union County Commissioners:

          Alcester City Annexation

          Motion by Karpen, second by Headid to approve the resolution provided by the city of Alcester with the amendment “including all adjoining roads”.           Motion carried.

          Resolution Approving Annexation of Territory By The City Of Alcester

Resolution #UCC 2016-001

          WHEREAS, the City of Alcester desires to annex the following described property, to wit: Lot D-SE 28-95-49 was originally platted as being 408 ft. x 300 ft. as described in D.R. 30-635 and 36-380, but actually is 307.5 x 300 ft as occupied west of Iowa Street and north of South Street. WHEREAS, pursuant to SDCL 9-4-5, such annexation may be subject to review by the Board of County Commissioners.

          THEREFORE, BE IT RESOLVED by the Union County Board of County Commissioners, that the annexation of the above described territory by the City of Alcester be and the same is hereby approved.

          **to include all adjoining roads.           Motion carried.

          February 16, 2016 Unapproved minutes Union County Commissioners:

          Motion by Karpen, Second by Headid to approve the minutes from February 4, 2016,  Carried

          (00:25:39.60)  Vickie  Meeting times and dates changed to cover FOPAT’s absence.  Not necessary, Ms. Moore can take notes or Alcester City Attorney Sam Nelson can take notes as was practiced in the past by City Attorney Haugland so the city business was not delayed, the city council not         inconvenienced or the residents were inconvenienced by Finance Officer absence.

          (00:26:09.70)  Vickie  as described in

CONDUCTING THE PUBLIC’S BUSINESS IN PUBLIC -A guide to South Dakota’s Open Meetings Law

 (Revised Fall 2015)

Published by: South Dakota Newspaper Association, 1125 32nd Ave. Brookings, SD 57006

          “…Another law provides that meeting packets or materials given out to members of a public body must also be made available to the public when    provided to the public body, but this law also contains various exemptions…”

          (00:26:37.93)    Vickie  question onApparent back-to-back raises for Connor Lusk cook-in-training employee of the Community Center hired in   July 5th, 2022, Alcester City Council Meeting(1:47:56.97)  , ” …Hire      Connor Lusk $12.00 per hour cook…” and who went before the Alcester City council in Executive  Session on August 17, 2022, and then in the September 15, 2022, (02:28:00.63) Alcester City Council Meeting, Connor Lusk is awarded or is it rewardedby a wage increase of one (1) dollar per hour and retroactive to August 18, 2022.

          (00:27:17.27)  Vickie  re-run question on direct deposit for city employees. Was advised by Abigail Moore Finance Office, she was in the process of working on direct deposit. 

          (00:29:53.87)  COUNCILWOMAN DARLAWheelchair access on Second Street in front of Wass funeral Home.  (00:30:08.20)  School signs   not lit.  (00:31:00.43) Tombstone issue at cemetery  (00:31:16.33)  Multiple complaints on police deployment schedules and the cost of law enforcement.           Really?  There is mutual aid, in which if Alcester needs extra enforcement help Beresford will usually come over.  If Beresford needs extra guns, Alcester heads over.  Town of 800 needing two police officers, really.  Are you aware I-29 is no longer the route of choice for drug traffic?  No?  Think about it, why not transport your drugs through a line of small towns with only one cop?  About the time one of you nay-sayers is car-jacked in the middle of the day, in the middle of Alcester ya’all are gonna be squealin’           like stuck pigs.  These cops are laying their safety and lives on the line for you and yours for the paltry sum of a fist-full of dollars under the direction of a Walmart Toilet Paper stacker.  Really?

          (00:33:17.17) COUNCILMAN LUKAS DRIESENMain street   sidewalks and curbs condition.  (00:33:33.60)  FCS Dust Control.  Folks FCS is within the city limits and as such they are subject to each and every ordinance we are.  So if they are befouling the air we breathe, creating a nuisance to our ability for quiet enjoyment of our properties and/or creating a health hazard, they are required to take steps to mitigate and solve all issues their operation is inflicting upon the residents of Alcester. (00:33:53.77)  Weeds in alleys and properties.  (00:34:01.97)  Cars parked against traffic.     

(00:37:23.47)  AGENDA ITEM #7 –  STORM  SEWERS  SOUTH  IOWA   STREET  (00:45:31.27)  Councilman Kyle VandenHull moves to look into bids for scoping or videoing the line of culvert down Iowa Street to the creek, second coming from Councilwoman Darla Reppe with a unanimous three (3)vote to explore bids.

(00:48:23.53)  AGENDA ITEM #8  LEGAL UPDATE – SAM  NELSON 307 Iowa issue, still costing the city $175.00 combination legal fees and Ordinance Inspection fees.  Why?

(00:50:27.73)  AGENDA ITEM #9  POLICE DEPART – TABLED TO NEXT MEETING  PICKED UP AT (01:04:36.20) DELETED.

(00:50:41.43)  AGENDA ITEM #10  HANDICAP  PARKING – WASS FUNERAL HOME 

Resolution 2022-07 A Resolution of the City of Alcester to Authorize Accessible Parking on Second Street near the Corner of Iowa StreetMotion made by Councilman Kyle VandenHull, Second from Councilwoman Darla Reppe with no discussion and a unanimous three (3) vote.

(00:52:21.00)  AGENDA ITEM #11  FINANCE OFFICE UPDATES Beelner Invoice for Irrigation Valve  $8407.01  with $7776.00 from Second Penny Repair and $631.04 from the Golf Fund.  Motion by Councilwoman Darla, Second from Councilman Lukas, no discussion and a unanimous three (3) votes.

(00:55:01.73)  Approve September Warrants.

(00:56:53.33)   AGENDA ITEM #12   HRC UPDATE  How nice Mayor Haeder is gung ho on building new housing on the East side of the Alcester but is totally and embarrassingly, heart numbingly cavalier to the plight of the West side of Alcester.

(01:01:05.33)  AGENDA ITEM #13   EXECUTIVE SESSION – PERSONNEL SDCL 1-25-2.1 AND SDCL 1-25-2.3 ????SINGLE PURPOSE  RULE

SDCL 1-25-2.3  Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

(01:03:42.23) AGENDA ITEM #14 GOLF COURSE/COMMUNITY CENTER   (01:03:46.23)  Motion to hire Blake Walenga (sp?) as a community center dishwasher at $9.95/ hour.  Unanimous 3 vote aye.

(01:04:36.20) REVISIT AGENDA ITEM # 9  POLICE DEPARTMENT – DELETED

(01:05:01.47) REVISIT AGENDA  ITEM 11C  SEPTEMBER WARRANTS  Motion to Approve September Warrants, Councilman Lukas Driesen moves to approve the September warrants, Second came from Councilwoman Darla Reppe and with no discussion voted a unanimous three (3) vote.

(01:05:55.50)  AGENDA ITEM #15  ADJOURN    8:04 P.M.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

09/19/2023 A Voice From the Gallery

Pinocchio is a fictional character,  a-lie-ve and well in Alcester, SD!

The September 19th meeting of the Alcester City Council was called to order by Mayor Dan Haeder in the Alcester City/School Library at 6:00 p.m. with Councilwoman Darla Reppe, Councilwoman Cyndi Peeples, Councilman Lukas Driesen and Councilman Kyle VandenHull present.  The council and gallery recited the pledge of allegiance.

(00:52.57)  AGENDA ITEM #3 – APPROVE AGENDA  discuss of a change in the agenda with the removal of Agenda Item # 12 Executive Session SDCL 1-25.2.1 Personnel with the proposed discussion to take place in the Agenda Item #16 Executive Session CTA.  Council voted unanimously to approve the agenda as amended.

(00:02:31.03) AGENDA ITEM #4 – WELCOME TO THE LIBRARY BY LIBRARIAN PAIGE GERMAN  Ms. German welcomes the council and gallery to the library explaining the programs, offerings and events which have taken place in the past season and coming up in the future specifically mentioning donations, Junior Fiction section, SWANK movie licensing, and grants.

(00:12:27.87) AGENDA ITEM #5 – JOY HEMMINGSON PRESENTATION -Alcester Let’s Get Growin’ This community growth presentation was delayed until after Agenda Item #6 due to the advertised Public Hearing time of 6:15 P.M. (00:56:39.50)  Hemmingson presentation resumes.

(00:15:16.37) AGENDA ITEM #6 – PUBLIC HEARING ON PHASE I WASTEWATER TREATMENT FACILITY IMPROVEMENT FINANCING PROPOSAL  Presentation was made by SECOG Harley Ferguson-Planning Specialist.  (00:24:06.20)  Mayor Haeder opens public hearing for public input on the financing proposal and wastewater treatment facility.  (00:24:18.33)  Ms. Joy Hemmingson speaks and plays video,  MUFTI  (Michigan Urban Farming Initiative) 2013 FORD COLLEGE COMMUNITY CHALLENGE

(https://www.youtube.com/watch?v=U9Y4OOIstc0

Once video finishes up Mayor Haeder pontificates about AgriHoods which is off topic for the public hearing and application for funding the Wastewater Treatment Facility Upgrade, remember Mayor Haeder’s comment ?(00:23:44.07)

(00:34:51.07) Kyle Pennings Alcester resident asks questions concerning the Wastewater, current and proposed volumes or capacities.  (00:40:28.60)  Vickie Larsen, resident speaking.  (00:44:48.70)  Notice how Mr. Haeder interrupt when a point or points are being made by me?  So how is it again?  (00:23:44.07) Pinocchio your nose is growing!

(00:45:33.07)  Vickie Larsen addresses an anti-housing position unless code and covenants are adhered to and enforced.  (00:46:20.33)  Mr. Haeder calls for a motion to approve the application for funding from CBDG  (00:46:55.43) Kyle Pennings speaks to amounts of money cost and amounts of money in grants and loans.  He speaks to the $4.4 million price tag and comments on the CBDG grant of $700,070.00 and the apparent shortfall of funding.  Finance Officer Pat Jurrens speaks to additional funding in the process.  (00:52:31.30)  Mr. Haeder calls for a motion to approve application for CBDG funding.  (00:48:29.83)  Kyle Pennings asks another question.  ( 00:52:31.30)  Councilman Kyle VandenHull moves to approve the application for CBDG funding, Second came from Councilwoman Cyndi Peeples with a unanimous vote of the council as it exists with a Ward I vacancy and a Ward II vacancy.

(01:25:31.00)  AGENDA ITEM #7  PUBLIC INPUT  (01:25:36.23) Vickie Larsen input.  (01:26:20.30)  Progress on Direct Deposit for employee checks.  Listen to what Mr. Haeder says, (01:26:26.67) “…most of the employees are against it…” 

Really? Not what I hear!  (01:23:32.77)  Gallery member Kyle Pennings asks the question, “…they’re against it (direct deposit)?”  He (Mr. Pennings )states everybody he has talked to wants direct deposit.  Check yer pants Mayor Haeder, FOPAT is gonna have to call the Fire Department!

(01:34:37.47)  AGENDA ITEM #8  505 OFSTAD PROPERTY  Motion to approve up to $1500.00 to remove a tree at 505 Ofstad.  Unanimously approved by council.

(01:37:38.10)  AGENDA ITEM #9  LEGAL UPDATE SAM NELSON  Sam Nelson is not present so no legal update just a message sent through the city bookkeeper.  Nice!

(01:38:05.50)  AGENDA  ITEM #10  IOWA STREET STORM SEWER   No Sam just a message he is working on it.

(01:30:40.70)  AGENDA ITEM #11  CHAIRPERSON UPDATES. 

(01:44:35.43)  AGENDA ITEM #13  COMMUNITY CENTER PERSONNEL

(01:45:04.07)  Community center employee re-assigned from kitchen to server with a wage reduction to $7 per hour.  Motion to approve wage reduction.  Unanimous vote.  (01:45:49.90) Motion to hire Andrew Terwee as a part-time cook at the community building.   Motion approve by a unanimous vote.

(01:49:07.57) AGENDA ITEM #14   2023 BUDGET SECOND READING Motion made, seconded and approved unanimously.

(01:51:10.97)  AGENDA ITEM #15  FIANCE OFFICE  (01:57:15.20)  Change in the October meeting dates.  October meeting dates just do not fit into FOPAT’s social calendar.  So the council does not NEED her at the meeting.  Aide to the Finance Office Abigail is certainly able to take sufficient notes or better yet have Alcester City Attorney Sam take notes.  I am quite confident he can handle note taking for the city!  So folks the October 3rd meeting has been moved to October 10th and in the interest of ODC the October 17th meeting has been shifted to October 24th to maintain a 14 day separation.  Whew that was a close one!  (01:59:19.97)  Motion passed unanimously!

(02:01:46.67) AGENDA ITEM #16 EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL  Motion made, seconded and unanimous vote to go into Executive Session for Personnel discussion at 8:02 p.m.  (02:03:16.43)  at 8:48 p.m. Council was declared out of executive session (02:03:06.33) 

(02:03:16.43) Motion was made by Councilwoman Darla Reppe, seconded by Councilman Lukas Driesen to hire Landon Nygard at $19.75 per hour and Kelsey Ericson at $15.63 per hour as CO-General Managers of the community center effective immediately to be reviewed on Tuesday, January 3rd, 2023.  Motion passes unanimously. (02:05:45.47)

(02:06:09.07)  AGENDA ITEM #17  ADJOURN  8:52 P.M.

  Folks you have options to the resolutions, ordinance and other attempts to raise our taxes.  Write up an initiative, get signatures and put it to a city wide vote. 

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

09/15/2022 A Voice From the Gallery

“He is a kitchen wench and all grease, and I know not what use to put him to than to make a lamp from him and run from him by his own light.

a bastardization of a William Shakespear quote.

I missed the opening of the meeting, the Pledge of Allegiance and the call for Agenda approval.  The video begins with (00:17.33) the last stage of agenda approval.

(00:25.83) Agenda Item # 4 Approval of the August 1, 2022, and August 17, 2022, meeting minutes.

(00:01:00.07) Agenda Item #5  Public Input

          Brian Johnson – Mr. Johnson asks the Mr. Haeder if he has a copy of the Oath of Office.  Once a copy has been given to Mr. Haeder, Mr. Johnson asks. “…would you please read it for me…” (00:03:20.83)  Mr. Johnson next addresses the Alcester City Attorney Sam Nelson and asks Mr. Nelson to summarize the Sixth Amendment to the U.S. Constitution.  (00:03:30.67)  Mr. Nelson replied, “…Ah I would have to look it up…you know I think you have a right to counsel…”  According to Cornell Law: 

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer,  the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.  It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation. (https://www.law.cornell.edu/constitution/sixth_amendment#:~:text=The%20Sixth%20Amendment%20guarantees%20the,charges%20and%20evidence%20against%20you.)

In anticipation of Alcester City Attorney Sam Nelson’s inevitable response to the semantics of the phrase ‘criminal defendants’ and from my own experience with the Alcester City Council which at the time consisted of :  Mayor Dan Haeder, Councilwoman Darla Reppe, Councilwoman Linda Talbot, Councilwoman Melissa Kay, Councilman David Larsen, Councilman Marcus Ireland and Councilwoman-under-fire Vickie Larsen will have Mr. Nelson note the ‘issue’ of advice of counsel.  Amendment to 6.5.1.3 Right to Confront Adverse Witnesses:  Current Doctrine.  Spells out the right to have assistance of counsel for defense, reliability of trustworthiness, reliability of evidence tested in the crucible of cross examination.  Folks while I missed the meeting, I anticipated the outcome and did some ‘light reading’.

(00:05:33.50)  Mr. Haeder asks, “who was terminated?”  Duh?  Hey Mayor Haeder, where was your head when you folks came out of Executive session at the August 17th Alcester City Council Meeting and “…(1:05:38.60)  Mayor Haeder calls for motion to terminate Clint Nyreen.  Councilman Kyle VandenHull makes the motion to terminate Clint Nyreen for cause, Second came from Councilwoman Darla Reppe.  Councilman Kyle VandenHull, Councilwoman Darla Reppe and Councilwoman Cyndi Peeples all voted unanimously and by roll call to terminate Clint Nyreen effective August 18, 2022 at 8:00 a.m…”  Evidently your ears were filled fecal material!  (00:06:08.70) NOWHaeder states, “…the individual resigned…”

MAYOR HAEDER DEFENDS HIS NON-FEASANCE.  HIS PATHETIC, COWARDLY FAILURE TO DO WHAT THE ALCESTER CITY COUNCIL INSTRUCTED HIM TO DO.  LIAR! 

FOLKS WATCH THE VIDEO 08/17/2022  (1:05:38.60)

(00:06:52.87)  Mayor (?) Haeder states he was instructed to hand out the termination papers at 9:30 A.M.  Nah Mr. Haeder the motion/instruction was “…effective August 18, 2022, at 8:00 am …”   Video 08/17/2022  (1:05:38.60)

WHAT WERE YOU WAITING FOR MR. MAYOR,  MR. LUSK TO COME ON DUTY SO HE COULD DO THE DIS-HONOR FOR YA?

Gordon Richard Input (00:14:35.87)  Mr. Richard asked for the Statement of Financial Condition of the community center.  (00: 15:11.30) Response from Mayor Haeder, “…I don’t know…”  Mayor Haeder comments about another request for a Statement of Financial Condition of the community center by Mr. Gary McKellips.  Finally Mr. Richards is told by Mayor Haeder and FOPAT he will get a copy of the Statement of Financial Condition of the community center.  Hopefully that night!

Aaron Larsen Input (00:15:50.93)  Mr. Larsen questioned why the Mayor and council did not call for the employee’s side?  (00:17:50.53)  Mr. Larsen asked, “…why did you (mayor and council) fail to allow Mr. Nyreen to defend again the specious allegations put forth in ‘open meeting’ of August 17, 2022, by California Karen who accused one of our councilwomen of being ‘grossly negligent’  and one can assume more specious allegations were delivered by employee-cook-in-training Connor Lusk son of California Karen when he was invited into the Executive Session of August 17, 2022.  (00:17:59.30)  Mayor Haeder attempts to defend his abysmal failure to hear both sides of the allegation.  (00:18:15.37)  Mayor Haeder says, “…enough people involved in the Executive Session conversation…discussed…”  Folks ya gotta hand it to Haeder, fire a guy for an unproven cause while ya only have three (3) council persons present – just barely a quorum.  Those in attendance for the quasi Scopes Monkey Trial were Mayor Haeder, FOPAT (not a council member, just the bookkeeper), Councilwoman Darla Reppe, Councilwoman Cyndi Peeples and recently appointed Councilman Kyle VandenHull, City Attorney Sam Nelson with Councilman Lukas Driesen absent and Councilwoman Linda Talbott’s resignation due to the threats of California Karen and her cohorts still echoing in the ‘council chambers’.  Oh and lest we forget also making his grand entrance into the Executive Session by invitation was cook-in-training bravo-bozo Connor Lusk who has yet to learn what a butt-shark is or a one delta ten tango.  Now we have to wonder why FOPAT was in the session?  She is just the bookkeeper, although she certainly has experience in inappropriate behaviors.  Talk about your Looking allegations.  How many LOOK minutes does it take for a FOPAT to determine Duluth Underwear sizing for inappropriate gifting to employees?  Mayor thought it was funny.  FOPAT was not fired for cause.  How many invitations from FOPAT which carried BYOB to the golf course bar birthday party was the firing line criteria for FOPAT’s violation of state and city liquor law/ordinances.  Where the firing for liquor violation for cause that time?  Or how many computer hard drives did the city purchase from Applied Software.  Oxymoron?  What about the False 911 call?  No talks of firing for false claims.  Why not?  Seems to me some preferential treatment when a legitimate termination should have taken place.

Police Chief Austin Schuller Input – (00:20:14.07)  Apparently FOPAT just couldn’t get her act together to get the Police Department and Chief Schuller on the agenda.  Chief Schuller gave updates on activities occurring within the city. 

FOPAT Input(00:25:47.03)  States she was contacted by a landlord whose tenant up and left him with the water bill.

(00:29:39.57) Agenda Item #6    Wastewater Treatment Facility Upgrade   Tanya Miller

(00:30:33.97) RE- BID DATE WAS NOT LISTED ON THE AGENDACannot be considered because FOPAT FAILED to include it on the agenda and the council approved the agenda without a bid-date.  It cannot be acted upon with just a flimsy cover-yer-ass blanket statement which describe nothing but the incompetence of the Alcester Finance Officer!  (00:34:23.07)  Hey mayor time to step aside if yer that tired.  WOW  Mayor wants to cut to the chase…he is tired of the 9:00 p.m., 10:00 p.m. meetings.  Well mayor quit your inane blathering, inform the council proper, hire a Finance Officer who can get the job done correctly and then step aside for someone who knows what they are doing.  (00:45:05.80)  Motion by Councilman VandenHull with second from Councilwoman Reppe to do the Wastewater Facility Upgrade with the various changes.  (00:46:04.33)  Unanimous Aye x 4 vote!

(00:49:18.33) Agenda Item #7  Iowa Street Storm Sewer  NO ACTION

(01:06:46.60) Agenda Item #8  Legal updates  This Agenda Item #8 was relegated to Agenda Item #8B and in its stead Agenda Item #13 was inserted as Agenda Item #8A.  Evidently Sam needed a boredom break ’cause he left the meeting. (01:07:59.17)  Council goes into Executive Session alleged to discuss personnel SDCL 1-25-2.1 at 7:12 P.M.  (01:09:16.60) Council back in open session after Executive session lasting one (1) hour.  (01:09:36.31) Actual legal updates now.  Fairgrounds – Original appraiser could not be used due to concerns of conflict, found a commercial appraiser for $5000.00.  City Attorney Sam Nelson leaves the meeting at 8:17 P.M.

(01:14:03.17) Agenda Item #9  Council Committees Mayor Presentation

(01:14:51.77)  Agenda Item #10 Finance Office

(01:15:54.37) Call for motion and second to pay for AHHS Utilities  $2616.61  Motion by Councilwoman Darla Reppe with second coming from Councilman Kyle VandenHull, no discussion and a unanimous x 4 vote.  (01:16:49.67)  Motion to pay August warrants made by Councilwoman Cyndi Peeples with second coming from Councilman Lukas Driesen, no discussion and a unanimous x 4 vote.  (01:17:27.23) Budget Presentation by FOPAT

(01:59:57.07)  POLICE DEPT CRITIQUE

(02:10:24.53)  2023 APPROPRIATION ORDINANCE FIRST READING

(02:10:33.10)  Motion by Councilman Kyle VandenHull, Second by Councilwoman Cyndi Peeples, no discussion with a unanimous x4 Aye Vote.

(02:10:58.00) 2022-05 SPECIAL MAINTENANCE FEE RESOLUTION

(02:11:35.43)  Motion by Councilman Kyle VandenHull, Second from Councilman Lukas Driesen, no discussion and unanimous Vote x 4.

(02:12:26.00) RESOLUTION 2022-06 ADJUST RATES FOR WASTEWATER DISCHARGE

(02:13:35.13)  Motion from Councilman Lukas Driesen, Second from Councilwoman Darla Reppe with discussion from Councilwoman Peeples for clarification for total cost with a unanimous Vote x4.

(02:21:36.30)  Agenda Item  #11NATIONAL PHILANTHROPY DAY

(02:25:10.90)  Agenda Item  #12  – FAIR BOARD UPDATE

(02:27:47.17)  Agenda Item #14  City Employees

(02:28:00.63)  Motion by Councilwoman Darla Reppe to increase the wage of Sam LNU and Conner Lusk by one (1) dollar per hour and retroactive to August 18, 2022, with second coming from Councilman Lukas Driesen.  Amazing how back stabbing your boss ’cause you had to give up your phone and actually work can pay off!  No discussion and a unanimous Vote x4!  Oh and by the way Mr. Lusk had the brass

(02:29:33.60)  Agenda Item #15  Adjourn

(02:29:41.07)  Motion was made by Councilman Kyle VandenHull with the second coming from Councilwoman Cyndi Peeples and with no discussion Vote was unanimous X4.  Adjourned at 9:33 P.M.

Folks you have options to the resolutions, ordinance and other attempts to raise our taxes.  Write up an initiative, get signatures and put it to a city wide vote.  You do have the ability to reverse these addle pated edicts from Mayor Haeder and his hand-maiden FOPat.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

08/20/2022 A Voice From the Gallery

Anita Berit Johnson-Lusk says, “…my son Connor is 18 years old now, technically a man. However if I catch anyone looking at his crotch, you will be terribly sorry… (0:21:41.87)

THREAT?

Folks U.S. Equal Employment Opportunity Commission has defined Sexual Harassment as:

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.

Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

 Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

 (https://www.eeoc.gov/sexual-harassment#:~:text=It%20is%20unlawful%20to%20harass,harassment%20of%20a%20sexual%20nature.)

Now Ms. Berit Johnson-Lusk now you have a real definition of Sexual Harassment and since I have already delivered the FACT that Ptomaine Poisoning was not considered Food Poisoning.  You Madam seem to have a FACT problem.  “Hear-say” does not prove sexual harassment.  So let’s talk about Finance Officer Patricia Jurrens and her office’s improper and what I term as grossly suggestive choice Christmas gifts for city employees.  I demand Finance Officer Patricia Jurrens be fired for cause for gifting grossly improper gifts to city employees a couple of years ago.  What happened to the traditional Turkey or Ham?  Huh?   

Ms. Berit Johnson-Lusk you ranted, raved and threatened in your input of diatribe and by Golly if the council didn’t jump to accede to your rant ’cause if they didn’t they were going to be in your own words, “…terribly sorry…”! Are you threatening Mayor Dan Haeder? Sounds like it! Are you threatening the Council? Sounds like it! Are you threatening former Councilwoman Linda Talbott? Sounds like it? Are you threatening me and the rest of Alcester? Sure did sound like it!  How  dare you?  You witnessed nothing! You apparently are ranting, raving and threatening upon basely upon “hear-say”. You make the threat, “…if I catch you looking at my son’s crotch…you will be terribly sorry…” Ma’am you make the assumption someone thinks there is something there to look at. 

Now Madam Berit Johnson-Lusk I watched your son go into Executive Session Wednesday night to ‘talk’ to the Mayor Haeder, Councilwoman Darla Reppe, Councilwoman Cyndi Peeples, Councilman Kyle VandenHull, City Attorney Sam Nelson and Finance Office Patricia Jurrens.  Unfortunately I did not time his performance but it seemed around 1/2 hour.  So your  ‘adult, 18 year old, man’ son was presumably describing the ‘alleged’ incident.  So Madam Johnson-Lusk, just WHERE was your son looking?  A corruption of a old Germanic saying “Tip for Tap” or was it “Tit for Tip”?  H-m-m?  I never had to compete for Tips but I did notice the restaurant waitresses I knew who achieved the highest Tips definitely dressed-for-the-income.   I bring this up due having witnessed the open-meeting discussion by the city council of proper attire for the wait staff of the Albatross.   So if you son was indeed relating this ‘looking incident’, he was looking too!  So Sugar what-is-sauce-for-the-Chef is sauce-for-the-Chef-in-waiting.  Gee, I wonder what conviction/sentence would a “man” get for felony-looking?  If Mr. Nyreen’s termination is anything to judge by, A long one!  I can hearing the Village People Navy would be chanting We don’t want you, We don’t want you, we don’t want you as a new recruit. (for sous cook for the Albatross)

Continuing on discussing your public diatribe.  The city has employed male and female life guards.  I commented some time ago on the appropriateness of the swim costumes the life guards were wearing.  I opined to the council that city female lifeguards should be wearing a one piece demur swim costume, preferably with a t-shirt and the male lifeguards wear similar swim attire of a T-shirt and swim trunks.  I suggested the city purchase the appropriate swim wear much like a city uniform for the life-guards.  I felt the string bikinis I saw that summer were a highly inappropriate exhibition of skin to our children at the pool and the mode of swim wear has not changed. I mean Come On, a swim-suit so tight and miniscule you can count the rolls of skin like the rings in a tree stump.

TOO BAD THE FOLKS AT WEDNESDAY MEETING WERE NOT CONCERNED ABOUT THAT ATTIRE.

Folks it is a sad state of affairs when Mayor Haeder did not have the intestinal fortitude to allow Mr. Nyreen to rebutt any of these scurrilous allegations.  The council failed their due diligence and fell prey to the ranting and ravings of some California Karen and her co-horts.  The Council and Mayor Haeder voted to terminate Mr. Nyreen for cause and evidently Mayor Haeder was too much a coward and negligent in his mayoral duty to give the termination notice in person. Hear It? I hear a chicken by the Alcester Swimming Pool, squawking and flapping his wings.  To date it is my understanding Mr. Nyreen still has not received official notification of termination from the Great Coward himself, Mayor Haeder.  Then top it all off, evidently Chef-in-waiting Connor Lusk had the unmitigated crassitude to text Chef Nyreen for instructions on how to be a Chef.  Apparently young Mr. Lusk seemed to think he was qualified to replace Chef Nyreen. By Golly he and the girls could handle the Albatross kitchen. Unfortunatley he was crass enough to send a text asking how long should he cook meat, the morning after Chef Nyreen was terminated.   Yeah right. So let’s see how well the kiddies do and how long?

More to come, lessons in napkin folding. 

Let your City Council Know How Feel About this!

Contact City Council

Mayor Dan Haeder                              605-934-2287     

Councilwoman Darla Reppe              605-934-2602

Councilwoman Cyndi Peeples          605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

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

07/19/2022 A Voice From the Gallery

The  July 19, 2022, meeting was called to order by Council President Lukas Driesen with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Kyle VanderHull and Alcester City Attorney Sam Nelson. Absent Mayor Haeder.

Agenda item #3(0:00:41.83)  Approve the agenda.

Agenda item #4(0:01:15.53)  Public Input

          Vickie Larsen

          (0:01:23.60)  When did the council get their agenda?Monday evening before the Tuesday council meeting.  Why is that?  FOPAT too busy measuring laps for napkins?  Too busy giving interviews with Kelo about the drought and rainfall? Just too busy to get the agenda to the council so they could independently research the agenda items in advance, so the council would have to rely on her input on each agenda item? 

          (0:01:35.50) FOPAT FAILED to post change of meeting on the website.  Evidently still too busy to do the job for which she was hired!

          (0:01:43.43) BAR BID City needs to sell the bar, get rid of the money pit.

          (0:0154.93)  TOO much council time is spent on hiring for the community center, hand that over to the manager. (and I do not mean FOPAT)  Too much council time is spent on interviews and subsequent executive sessions.

          (0:02:32.37) DISCRETIONARY TAX ORDINANCE 2022-03 This should have been published on the website so the public could read for themselves the language of this discretionary tax formula.  I read the thing and found some questionable language.  I questioned one of the citations within Ordinance 2022-03, SDCL 10-06-140 which was set forth and then repealed (source sl 2020, ch 39, § 15 eff. June 30, 2025; SL 2021, ch 44, §44.) in essence a pre-repeal of the thing which City Attorney Sam Nelson explained.  However when I was re-reading the document for writing this blog I noticed some other failures on the part of FOPAT Jurrens.  The first copy provided to the council was numbered incorrectly and had to be corrected, instead of Ordinance 22-03 it should have been Ordinance 2022-03.  This is a regular happening, FOPAT presents a legal document to the council without proofreading the thing.  Geesh how sloppy can you get?  Well I do have an answer to that.  In that same legal document where it says, “…BE IT ORDAINED by the Alcester City Council that Chapter 10.03 of the Revised Municipal Ordinances, City of Alcester (2018) amended to read as follows…” Folks the Ordinances published on the city website are the 2014 Municipal Ordinances.    

Pat Kast, Alcester Fire Department (0:09:10.10)  Mr. Kast requested a key to the Alcester Community Center to keep in the possession of the Alcester Fire Department in case the Fire Department needed afterhours access to the Alcester Community Center in the event of a Fire Call.  Mr. Kast explained during council session access keys were kept in the truck for the emergency access use, but since that statement Mr. Kast has advised me that access keys are no longer stored in the truck for security reasons.  Mr. Kast also mentioned accessibility for the movement of the fire trucks in the event of a fire emergency.

          Councilwoman Darla Reppe (0:13:43.00)  Councilwoman Reppe discussed the swimming pool, the low (short) pool hours of operations, behavior issues with some boys (if this continues the police will be called), a cemetery stone needs to be moved, liquor store bathroom floor repair, with a notation that the video gaming computer, the televisions, pizza ovens and the bar glasses, etc. are personal property of Deems. In addition the inventory of the bar according to the contract will be purchased by the city.  This has been a past practice and generally has been included in the lease contract.

          Councilwoman Linda Talbott (0:18:20.13)  Councilwoman Talbott spoke to the POS program finally at the Community Center and in use.  Gotta wonder why FOPAT delayed that program so long?  Councilwoman Talbott asked about the status of Direct Deposit and FOPAT’s answer (0:18:33.77)  “…uhm, I have not…”  So FOPAT what is the problem?  You’ve been dragging your heels, so apparently you do not have the knowledge, smarts or skill to implement that program??   Come on Mayor Haeder cannot seem to fulfill his job signing the checks or attending meetings.  Why should the employees have to wait for or have their paychecks delayed ’cause the Mayor and the FO cannot get their jobs done on time.  If Mayor Haeder cannot do his job, he should step aside and let someone else take over the duties he is shirking!  As for FOPAT you take your orders from the council and they have directed you to set up employee direct deposit, it is not your call madam bookkeeper.  I am sure there are well qualified accounting students looking for a job and are willing to work!  (0:18:57.03)  Councilwoman Talbott relates she has been approached by several folks whose requests for agenda placement have been denied.  Listen to FOPAT’s response (0:19:04.80), “…I’ve never done that…”  Councilwoman Talbott continues on, “…Well I have had complaints from different people…”  (0:19:13.37)  Warranty work on the community building’s —big cracks.  FOPAT says she is, “…staying on top of that…”  I’ll just sit back and let that remark ‘sink’ in.  (0:19:56.77) Councilwoman Talbott remarked she had received complaints the new council meeting date was not updated on the city website. (0:20:26.33)  Get a load of the great, depth of compassion FOPAT’s answer to the fact Candice worked all weekend.  FOPAT answer, “…by her (Candice’) choice…”   (0:20:40.33)  Councilwoman Talbott replied Candice worked all weekend, that they needed her and she put in a lot of hours for nothing.  Councilwoman Talbott used the word Nepotism but the fact is the City Council interviews all prospective employees and makes the decision to hire.  Candice is not related to any council members that I am aware of, therefore nepotism does not come into the equation.  (0:21:27.73) The unidentified speaker commenting on the golf course signage was Carmen Kast. I apologise for not identifying her on the video.

          Councilman Lukas Driesen (0:22:44.90)  Received complaints about golf course sprinkler repair, contaminated clippings around newly planted trees and FCS Dust Control issue on Broad Street.

          Agenda Item #5(0:24:16.77)  Wastewater Facility Upgrade – What is behind Door $1.8 Million shortfall?  This was an extended discussion of the Short Fall in funds for the Facility Upgrade.  Listen carefully to the discussion which concerns all residents of Alcester and unfortunately some more than others.  Last meeting the council was presented with choices for the Wastewater Facility Upgrade, Spend a boat load of money with a ghastly shortfall of funding and go broke, rebid the project taking the chance it will be cheaper and the economy will not have gone to Hades in a hand basket and put the accompanying collection system on hold for five years (redo of the infrastructure of new pipes on the West side of town or lose what little funding we have, still have nothing for the future.  What a choice.  Since around 2012 our city’s spending habits have been frivolous and wasteful and now, here we sit.  Our council is faced with an untenable situation.

Agenda item #6(1:06:09.3)  Police Department  

          Monthly recap and introduction of SRO proposal and work with the school.  Again listen carefully to the need for an additional officer.

Agenda Item #7 – Legal Updates (1:25:37.13) 

          Executive session SDCL  l-25-2.3  No action taken

          In executive session at 7:31 p.m

          Out of executive session at 7:40 p.m.

Agenda Item #8  – (1:33:17.57) Ordinance 2022-03 Discretionary Taxation

Folks the Ordinances published on the city website are the 2014 Municipal Ordinances.  There is no Revised Municipal Ordinances, City of Alcester (2018)  There is however 2018 Revised Alcester Zoning Ordinances but chapter 10.03 deals with fences.  So which is it?  Is it just laziness on the part of  FOPAT or just half-assed-ness?   The council voted using this document as their guide for their vote.  However the document has a glaring error in it and so would appear not to be a valid document.  Now the council must repair this error and spend council time fixing FOPAT’s blunder.

Agenda Item #9(1:34:03.07)  Covid Guidelines language change  Approved unanimously

Agenda Item #10(1:36:00.97) Chairperson Updates

 Agenda Item #11(1:43:40.47)  Golf Course  Once again hiring.

 Agenda Item #12(1:45:01.33)  Finance Office Updates  August meeting date change ’cause FOPAT wants to attend a book study so the city must stop what it is doing and change dates?  Second August meeting moved to August 16, 2022, at 6:00 p.m.

Public hearing scheduled for August 1, 2022, at 7:00 p.m.

July 5th meeting rerun (1:05:45.43)  The city cannot give preferential licensure to their lessee.  Two entities have already applied and if the city has two licenses both the Quickstop and the Total Stop must be awarded the license because they complied with the rules.  Mayor Haeder opines about competition (1:12:33.37)

Bar bid opening 6:30 P.M. July 16, 2022.

Off-sale Liquor License hearing  7:00 P.M. July 16, 2022

 Agenda Item #13 –  (1:48:26.07) HRC Update

Agenda Item #14 (1:48:487.97)  Union County Fair

Agenda Item #15(1:50:57.37)  Executive Session if needed  Not needed.

Agenda Item #16  –  Adjourn  7:58 P.M.

Some concluding remarks.

          I would like to return to FOPAT’s response to Councilwoman Linda Talbott’s report of complaints about Alcester City Finance Officer refusing them agenda placement (0:19:04.80), “…I’ve never done that…”  I would like to respond to that denial with a childhood response, Liar, Liar Pants on fire.  I myself have requested agenda placement, I have been refused by FOPAT and told to bring it up in public input where the time is limited and no action to be taken.  You see folks if an issue or complaint makes it on to the agenda, it would have more standing that just complaining during public input.  If the issue is on the agenda, the council can the address the issue and act on it at the meeting if they so choose.

          I would also like to address the problem of hearing during council meetings.  There have been too many times recently where the council is failing to speak up so that the gallery can hear.  I have mentioned this a couple of times, but last night’s meeting was particularly bad.  Two gentlemen in the gallery with me could not hear and told me they could not hear anything.  This is why you hear me raise my voice and ask the council to speak up in the video.  I suggest at least two microphones be purchased and placed within the council room so those individuals who absolutely could not hear what was being said.  Place those microphones on the tables between the council members so all can hear. 

          I would also repeat my stance if the mayor cannot or will not fulfill his duties as mayor, step aside and make room for someone who will execute the duties of the office of Mayor. 

Let the 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

07/05/2022 A Voice From the Gallery

Instead of giving Mayor Haeder and FOPAT the keys to the City, it would have been better for us to have changed the locks

inspired by the words of Doug Larson, American Columnist

          The  July 5, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3(01:10.67)  Approve the agenda.

          Agenda item #4(01:44.37)  Approve minutes of the June 6, 2022, meeting.

          Agenda Item #5(02:18.13)  Ward II Council Vacancies – The Council was introduced to Mr. Kyle VanderHull resident of Ward II who appeared to be considered for one of the Ward II vacancies.  Mr. VanderHull having achieved his voting resident status within the city of Alcester, having been interviewed in Executive Session in by the Council and of course our pseudo-council member FOPAT was appointed and installed as a Alcester City Councilman until the next election.  (02:18.13)  

          Agenda item #6(06:33.70)  Public Input

                    Vickie Larsen(06:42.07)   *  Mayor Haeder’s contact number, not answering.  H-m-m   Mayor says (06:56.07) he has a Robocall Stop.  Gotta wonder is it one of them thar “white lists”  “Whitelist” is a tool or an app. that will allow calls only from numbers in your contact list.  Y’all don’t s’pose the residents of Alcester are not in Mayor  Haeder’s contact list.

                             * (07:14.00)  Bar Bid.  Repeating myself from a previous blog and for the benefit of those who don’t listen and have comprehension issues. I DID NOT say ban the bar!  I said sell the building/property!  Well Ladies and Gents of the council,  SELL that rotting pile of wood and plumbing.  Get the city out  of owning property.  SELL the building/ property and get it ack on the tax rolls.  Common Sense move!  The building is still not completely fixed regarding the previous repair issues.  The city would be throwing good money after bad with all the force of a catapult and then compete for the same saloon market. 

                                      I would suggest to any interested party to make some sort of rent-to-purchase offer for one year.  Test the market of  bar operation with payments and property maintenance expenses over the twelve month period.  Upon the termination of the lease, rent would be either applied to the agreed upon purchase price commensurate with the upfront appraisal prior to ease or the rent would be applied. 

                                Let the City Council Know! The City needs to END OWNERSHIP of the Bar properties.  Issue TABLED               

          Kama Johnson – (10:07.30) Ms. Johnson offered up her opinion of surplusing and selling the building and property the city owns on Main Street known as Alcester Bar.  Man you got FOPAT to do that for you?  WOW  However what you failed to recognise ma’am, is the fact city owned property doesnot generate property taxes which pays for streets, infrastructure, school programs and so forth. (13:23.40)

It is to be noted Ms. Johnson not only was/is a bartender in the facility now leased by Deem Enterprises but she also sat on the city council while working for the Alcester Bar under the lease of  the Deems and took part in Jump on the back and whack-a-Murphy on the premises of the Alcester Bar.  Mrs. Theresa Deem has already notified  the city in writing and public declaration at a city council meeting she is vacating the lease as of August 2022.

               In response to your comments on your definition or your belief in the lack of competition between the Albatross and Alcester Bar (15:02.93), ma’am explain your stance on how a Package Off Sale Liquor License awarded to Alcester Groceries (Total Stop) would have been or would be direct competition to the Alcester Bar.  Everyone you said would be heart-broken at the loss of a downtown bar (formerly a grocery store until sometime around 1988) because they love the feel of their butts on a barstool would not be affected by packaged off sale so there would be no competition.  And as ol’ Mayor Haeder opines, (1:12:25.57) “…there is ah certain statement that says competition is actually good for business… now, heh, I’m sure that people that are competing would not necessarily agree with that 100% but certainly sharpens people up…and the competiting ah competing businesses are operating a little more lean …undecipherable…so there is something to that…”  So Mayor Haeder did you get those pearls of wisdom in Engineering 101 or did you find them in the same cracker jack box your certification came in.

          Terry Hedden- (16:04.57) Mr. Hedden offered up his anti bar sale stance commenting on his patronage and patronage of his father-in-law (?)  Originally the bar was located in the general spot where the drive-up window of the bank is located.   When the bank expanded, the drug store and Lefty’s Bar were relocated.  The bar went to the empty grocery store located on the south corner of Second and  Iowa in the late 1980’s.  So while it does have some memories they are short lived in the scheme of history.

          Councilwoman Darla Reppe – (14:32.53) Commented on a dangerous drain at the pool and the status of the Fair location.

          Councilman Kyle VandenHull – (19:28.67) Commented on the presence of a sink-hole in the NW corner of  Second Street and Iowa Street.

Agenda Item #7 – Legal Updates (20:49.13)  City Attorney Sam Nelson gave updates on the demolition of 505 Ofstad, quit claim deed and costs. 

          307 Iowa Nuisance letter went out

          Discretionary Tax Formula action creation of an Ordinance 2022-03.  Council moved to adopt this Ordinance.

          Fairground negotiations.    Mr. Nelson has spoke with States Attorney Miller and his commission.  In addition Mr. Fred Preator (Appraisal Solutions Inc?) was consulted.  Costs to be split with the county but not to exceed $7000.00 and all discussions will be confidential until discussions with FCS have been completed.

Agenda Item #8  – (0:31:00.67) Fair Ground negotiations Update – NONE

Agenda Item #9(0:31:18.17)  Police Dept. Updates

          Executive Session for SDCL 1-25-2.1 Personnel

                   IN                         6:35 p.m.

                   OUT                     7:03 p.m.          

Increase in pay for Officer Grayson Lass per employment agreement between Grayson Lass and the city of Alcester upon employment and prior to certification.  The Executive Session only included Chief Schuller and Officer Lass.  Finance Officers were not included and were delegated to the hallway with the rest of the gallery.

Motion to Increase Officer Lass’ pay to $18.28 effective June 4, 2022, per employment agreement.

Agenda Item #10 – Wastewater Facility Plant Upgrade (0:38:10.77)

          Banner representative Tanya Miller was present to give an update on the bid put out for award.  Per the presentation by Ms. Miller there was nasty surprises.  The original Engineering opinion on the cost of the project was projected with a price tag of $3,100,000.00.  The One and Only bid received was $4,917,384.00.  According to Banner Representative Miller the city has three options:

         Door #1)  Award the bid and fund the additional project cost with: a)  Wasterwater Department Reserves/City Reserves (what reserves). The State also suggest local ARPA funds may be a source of funding to reduce the shortfall. b)  Request project funding to cover the additional cost in an October 1, 2022, SRF loan application.  Project funding to be determined in January. 

       Door #2)  Do not award the project.  Instead, rebid the project at a later date.  DANR typically likes to see projects rebid within a year.

     Door #3)  Do not award the project.  Shelf the plans and rebid the project   sometime in the next few years.

OR

     Door #4)  The Finance Officer initiates another property tax $100.00 per    household per month for a bulk purchase of outdoor toilets which will be emptied weekly by a port-a-pot tosser much like the Fischer’s side arm truck and we all pray there are no accidents but that is going to DEPEND on the        condition of our streets.  Yes I am being facetious.  So now we have no streets which have been waiting on the infrastructure of the sewer and wastewater which apparently is not going to happen.  I wonder can we sell/trade the Albatross for indoor bathrooms? 

Councilwoman Talbott asks about (0:57:47.03) the sewer moneys going into a Fund.  Better put a hold on those funds so they cannot be ‘borrowed’ as our other funds have been borrowed.

Got have a decision by July 27, 2022

Agenda Item #11(0:58:59.07)  Alcester Bar – Notice to Bidders. Vickie Larsen (0:59:30.50) clarifies selling the bar property does not demolish the bar just replaces the city as owner of the property.  Get the city out of the rental business.

FOLKS LET THE CITY COUNCIL KNOW YOU ARE TIRED OF THROWING GOOD MONEY AFTER BAD.   MS. JOHNSON WANTS THE BAR, LET HER BUY IT!

Agenda Item #12 – (1:04:26.70)  Package Off-Sale Liquor License  Notice of  Hearing.

Liquor Licenses – Two entities expressed interest through applications in obtaining the Off-Sale Liquor Licenses.  JKVB, LLC doing business as Alcester Quickstop and Alcester Groceries doing business as Total Stop Food Store.  

Public hearing scheduled for August 1, 2022, at 7:00 p.m.

(1:05:45.43)  The city cannot give preferential licensure to their lessee.  Two entities have already applied and if the city has two licenses both the Quickstop and the Total Stop must be awarded the license because they complied with the rules.  Mayor Haeder opines about competition (1:12:33.37)

Agenda Item #13 –  Street Hire Cash Hemingson (1:23:29.70)

Agenda Item #14 – Street Mitchell Drive (1:25:42.87)  Mayor Haeder’s pet project to fix Mitchell Drive ahead of all the folks who have been patiently waiting and paying the street maintenance tax.  Way to go Mayor Haeder.  Got to commend you on your priorities.

Agenda Item #15 – Golf Course and Community Center  (1:38:49.47)  Hiring more for the Albatross. 

          Hire Tyler Johnson       $10.00 per hour  Cook

          Hire  Stormi Carlson     $ 7.00  per hour  Server

          Hire Conor Lusk            $12.00 per hour  Cook  (1:47:56.97)  Why the devil is FOPAT Jurrens yapping away?  She is not a councilmember!  How dare she speak.  How dare Mayor Haeder not shut her down.  Why does she think she has a say in anything but measure laps for napkins?  Pat says, “…the only comment that I…I understand…appreciate how difficult to find people for certain positions, uhm, but you have to look at, at your other employees up there and they’re also doing a good job for you and if you are wanting to give a pay raise to one employee, are you going to (unintelligible) to another employee and asks for (unintelligible) and just caution giving these onsy, twosy pay raises…especially to a temporary employee and this is nothing bad against Conor ’cause I’ve enjoyed him and he’s a wonderful employee but he’s a temporary employee and so you’re giving a benefit to (unintelligible)…”  Why is she speaking, why is she still speaking? 

          Hire Wanda Halverson    $7.00 per Server  (1/2 time Community Center, 1/2                                                                           finance office?)

Agenda Item #16  –  Josh Carlson surplus roofing.  Tabled no action

Agenda Item #17  –  Burn Permit for the American Legion (1:58:17.30)

Agenda Item #18 – Covid Policy Update (1:59:25.90)

Agenda Item #19  – Finance Office (2:06:31.17)   Waste-water warrants $188.068.50.  June Warrants.  July meeting change from July 18, 2022, to July 19,2022.

Agenda Item #20 – HRC  Special Meeting (2:17:09.07)

Agenda Item #21  Union County Fair  (2:21:51.27)  No report -Just discussion

Agenda Item #22 – Executive Session SDCL 1-25-2.1 Personnel    

Not Needed, elected to have discussion in open meeting.  (2:26:34.33)  FOPAT supposed to POS Point of Sale program update/upgrade  Need this for sales operations at the Community Center.  FOPAT not getting the job done and not getting the upgrade to the community center. (2:26:53.70)

Agenda Item #23  Adjourn (2:33:30.87)  Meeting Adjourned at 9:00 P.M.

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

06/26/2022 A Voice From the Gallery

Gee, I wasn’t aware the Albatross served up after hours “donuts”.

According to Michael Pollick, “One shining example of reckless driving is a maneuver known as doing donuts, sometimes called turfing a yard or driving donuts. This involves driving a car in a tight circle while continuing to accelerate. The result is a series of circular ruts or skid marks carved out of a lawn or street surface. These little circles of wanton destruction are the “donuts” of the doing donuts maneuver…” 1

Parking lot of the Albatross, time 10:15 p.m. June 25, 2022.

Maybe the Albatross NEEDS cameras. That way we would see Mr. White Pick-up’s driving skill prowess and might even pick up his high speed exit East of Sixth Street. Oh yeah, the fact the moron slammed out of the parking lot without his head lights on might be important, too. Just prior to Mr. White Pick-Up’s high speed exit, another vehicle exited the Albatross parking lot heading East. And after the Hell-Bent-For-Election exit another vehicle exited the parking lot only they headed West.

But folks, what initially got my attention was the downtown antics on “mainstreet” which I could hear at my house prior to 10:00 p.m. Now folks there are people out there who have the ability of pairing the engine sounds to specific vehicles especially when when those vehicles ‘cruise the hood’ over and over. In fact in the evening after dark on certain days of the week, one can hear a vehicle rev-up around Total Stop or Main Street and can be audibly, credibly tracked North beyond the city limits.

This was happening prior to the 10:15 p.m. event. Perhaps law enforcement could CSI the tread/tire evidence.

Of course there is always the damage done as Mr. Pollick says, “Doing donuts or “turfing” a private yard or public property is considered to be an act of vandalism, and the offending driver could also face other charges of reckless driving and public endangerment…The act of doing donuts with a privately owned vehicle…can seriously damage the car’s suspension, alignment and steering system if overdone. 2 So Little Billie Donut Maker in the White Pick-up of last night, perhaps Karma will beat you to the quarter mile. H-m-m?

Now folks I do not want to imply any criticism of our law enforcement they can patrol so much area in any specific time space. It is up to us, to document incident times, participants and so forth. It is up to We the People to get the Mayor off his duff of indifference and place surveillance cameras. Let him know.

1 Pollick, Michael. “What Does ‘Doing Donuts’ Mean?” Wiki Motors, https://www.wikimotors.org/what-does-doing-donuts-mean.htm.

2 Pollick, Michael. “What Does ‘Doing Donuts’ Mean?” Wiki Motors, https://www.wikimotors.org/what-does-doing-donuts-mean.htm.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

06/06/2022 A Voice From the Gallery

“I just think we need more accountability and more transparency…”  

John Thune

H-m-m-m

“Remember upon the conduct of each depends the fate of all…”         

Alexander the Great

          The  June 6, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3(01:20.43)  Approve the agenda.

          Agenda item #4(01:51.60)  Approve minutes of the May 2 and May 16th meetings

          Agenda Item #5(02:29.37)  Ward II Council Vacancies – The Council was introduced to Mr. Kyle Vanderhall resident of Ward II who appeared to be considered for one of the Ward II vacancies.  Mr. Vanderhall was not a registered voter within the city of Alcester, but was interviewed in Executive Session in by the Council and of course our pseudo-council member FOPAT.  (04:26.80)  listen to Mayor Header’s explain of Executive Session and secrecy to Mr. Vanderhall.  (07:47.27) Now folks the council went into Executive Session for SDCL 1-25-2.1 Personnel.

 SDCL 1-25-2.1  Executive or closed meetings–Purposes–Authorization–violation as misdemeanor

Executive or closed meetings may be held for the sole purposes of:

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

Note*  While the council is held to non-disclosure of all elements of the Executive Session discussions, all actions arising from decisions must be taken in open session.  It is my information the interviewee if free to disclose what information he/she shared with the council as he/she chooses.

          Agenda item #6(08:05.63)  Public Input

                    Vickie Larsen(08:13.03)  Comments:

                   Alcester Bar Lease versus Sale   (08:26.26)          

                   Water bills                                   (09:05.00)        

                   Council working as janitors      (10:43.97)

                   Councilwoman Reppe  (11:45.40)  Comments:

                     Event center restaurant heat (fried wires?)       (12:00.53)

                     Parking Issues                                                   (14:00.00)

                     Cell phone abuse                                               (14:40.53)

                     Deeds to cemetery plots                                    (15:24.97)

                     P.O.S. System (point of sale)                            (15:29.10)

                     Alcohol on Golf Course BYOB                        (15:46.77) 

          This discussion gets interesting due to past behaviors.  Take special note of Mayor Haeder’s comments on stealing from the city: (17:59.93), “…you bring your own alcohol, you’re, you’re stealing from the city…”  So Mayor Haeder, where was your moral outrage October 26, 2019, mid-November 2019 during the BYOB birthday bash held at the Golf Course by FOPAT?  At that time you were a seated Alcester City Councilman, what was your definition of stealing or better yet embezzlement by a city employee?  At that point Sir you had access to Alcester Ordinance 4.0304 Operating Agreements, Alcester Ordinance 4.0308 Possession of Alcoholic Beverages, and 4.0313 Penalties, so you knew an employee stole/embezzled from the city of Alcester, unless you are a complete and utter dolt.  When you saw the Circuit Court filings –  State of South Dakota v. Patricia Rose Jurrens pursuant to SDCL 35-1-5.6 just how did YOU respond or did you even respond?  I saw no evidence the council took any action to suspend FOPAT from her duties without pay or to fire her sorry behind.  Were you really taken in with the, “…I didn’t know it was a violation, whine…”?  Come on Mayor Haeder,  Finance Officer Jurrens was in charge of the licensing procedures and knew full well the terms and conditions of alcohol licensure and she certainly had ready access to Alcester City Attorney Sam Nelson for city legal advice.  As a seated Alcester City Councilman Mr. Haeder YOU had access to legal advice for the protection of the city of Alcester.

          Councilwoman Linda Talbot  (18:22.80) Comments

           Janitorial costs and job  $1700.00 per month to clean the Albatross.

           (23:08.17) Dress Code at the Albatross  (31:26.43) Really?  Simple-elegant described as tasteful richness of design or ornamentation the sumptuous elegance of the furnishings…plastic tables…run-of-the-mill banquet chairs, Logo T-shirts, shorts, Capri’s with money aprons speak to car-hop elegance in wait staff.  Yeah right.

          Agenda Item #7 – Legal Update  (35:02.13)  Executive Session SDCL 1-25-2.3  6:54 p.m. to 7:32 p.m.  (37:46.43) Action taken upon exit from Executive Session to authorize settlement negotiations and settlement at the amount requested by legal counsel.  Unanimously approved  (38:43.30)  Action taken upon council exit from Executive Session authorizing city response to litigation initiated by FCS to quiet Title.

          Agenda Item # 8 (39:40.03)  Police Department Chief Schuller

          Agenda Item #9(44:24.80)  Alcester Bar – Notice to Bidders        

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed regarding the previous repair issues.  The city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.  (47:27.53)  Discussion followed what the council would do if they decided to sell the building.  Mayor Haeder remarked about an interest in leasing the Bar building.  Unclear whether the interest was to operate the property as a bar or not. 

          I would suggest to the interested party to make some sort of rent-to-purchase offer for one year.  Test the market of bar operation with payments and property maintenance expenses over the twelve month period.  Upon the termination of the lease, rent would be either applied to the agreed upon purchase price commensurate with the upfront appraisal prior to lease or the rent would be applied.  Upon rejection of exercise to purchase, the city would review the nature of and monetary expenditure amounts making the decision to follow through on the sale of the property and declare the bar surplus.

          (55:41.83)  The City needs to make the decision to SPEND or END OWNERSHIP of properties.  (57:43.50)  Issue TABLED

Let the City Council Know!

          Agenda Item #10 – Liquor Licenses  (57:53.20)  Two entities expressed interest through applications in obtaining the Off-Sale Liquor Licenses.  JKVB, LLC doing business as Alcester Quickstop and Alcester Groceries doing business as Total Stop Food Store.   (58:40.53)  Public hearing scheduled for July 18, 2022, at 7:00 P.M.

          Agenda Item #11 – Fairground/FCS Update (59:47.27)  No update

          Agenda Item #12 – Budget Blinds (1:00:15.53)  Authorization to purchase blinds for the community building at a cost of $2240.80 to be taken from the Golf Fund.  City derives NO city sales tax ’cause it is benefiting from city ownership.

          Agenda Item #13 – Resolution 2022-02 (1:02:26.93)  Resolution 2022-02 giving approval to certain sewer facility improvements;  giving approval to the issuance and sale of Revenue Bond to finance, directly or indirectly, the improvements to the facilities; approving the form of the Loan Agreement and Revenue Bond and pledging project revenues and collateral to secure the payment of the Revenue Bond; and creating special funds and accounts for the administration of funds for operation of the system and retirement of the Revenue Bond and providing for a segregated special charge for the payment of bonds.  It is important to note the implications of what I have italicized.

Council approved unanimously without discussion.

          Agenda Item #14 – Golf Course  (1:04:57.07)  Declare Wire Patio Furniture from the Golf Course as surplus, sell and donate proceeds to the Alcester Care and Rehab Center.   Council voted to unanimously declare the furniture as surplus and donate any proceeds from the sale to the Care Center.

          Motion to Hire Lincoln Burke as server at a rate of $7.00 per hour.  Vote was unanimous to hire.

          Agenda Item #15 – Finance Office (1:09:10.50) 

          (1:12:37.55)  Due to lack of quorum the council decided to cancel the June 20, 2022, regular meeting of the Alcester City Council.

          (1:13:57.23)   Apparently FOPAT has taken it upon herself as city expansion/developer suggesting two options in which the city of Alcester may expand its borders.  One I believe to be the property described as containing approximately 72 acres under the ownership of the Alcester Industrial Park Inc.  This option would create a problem for the City Owned Perpetual Care Cemetery, Pleasant Hill.  Perpetual care involves a fund created specifically to maintain cemetery grounds, mausoleums, crypts, and any other aspects of a cemetery and where a percentage of the sale price goes towards the perpetual fund.  Now folks the important thing here is to actually have perpetual available land to sell plots. If the land to the north of the cemetery is sold into residential development that leaves the corn field to the east as the sole perpetual source of burial plots. 

          The second option is the hayfield south of Anderson Street containing some 16-17 acres with a train track traversing the southern edge and with a water run-off from Lee Drive and a natural creek running in the East border.  Oh and lest we forget the topography of a hill and lowland, sans street and the accoutrements of civilized living such as sewer, water and electrical.

          Choices-Choices

          Agenda Item #16  –  HRC  (1:21:52.37)  No significant report

          Agenda Item #17  – Union County Fair  (1:23:25.77)  No report

          Agenda Item #18 – Executive Session SDCL 1-25-2.1 Personnel     (1:25:02.57)

          Into Executive Session at 8:20 P.M.

          Out of Executive Session at 9:12 P.M.  Duration of 52 minutes of discussing personnel with FOPAT and City Attorney Sam in attendance with the council.  M-m-m!

          Agenda Item #19  Adjourn (1:25:47.00)  Meeting Adjourned at 9:13 P.M.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel            Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey         Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer             Kevin.Joffer@unioncountysd.org