Tag: Alcester City Councilman Kyle VanderHull

06/05/2023 A Voice From the Gallery

“…Lawsuit, n. a machine which you go into as a pig and come out as a sausage…”

Ambrose Bierce -The Devil’s Dictionary

The  June 5, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle,  Councilwoman Cyndi Peeples  and Attorney Austin Felts present. The council and gallery recited the Pledge of Allegiance. 

(00:00:44.80)  AGENDA ITEM #3 – Approve Agenda –   Vote X 5Ayes.  Motion passed.

(00:01:12.00)  AGENDA ITEM #4 – Approve Minutes of May 1, 2023 and May 15, 2023.  No additions or corrections      Vote X 5 Ayes Motion passed.

(00:01:36.93)  AGENDA ITEM #5  –  Open Council Seat Ward I Interview.  No applicants for Ward I at meeting.  No action taken.

(00:01:46.10) AGENDA ITEM #6 – Community Center/Golf Course 

          ⇒Landon Nygard presented the updates with figures on profit/loss  statement. 

          ⇒Rick Schempp was hired as part-time greens-keeper at $14/per hour.

          ⇒Wage discussion (0:07:42.50) regarding clubhouse wages: a movement from full time position to part-time position, less than full time hours one week and over-time the succeeding week with payment of wages averaged out over the two week period and the ensuing payment/benefits complaint lodged by the involved employee. WARNING! WARNING!  Finance Officer’s manipulation of over-time math in this instance smells like a lawsuit. Motion was made by Councilwoman Reppe, seconded by Councilwoman Hatle and unanimous vote X5 Ayes to favorably adjust Rhonda’s wage retro-active to April 29, 2023.         

(00:18:47.80)  AGENDA ITEM #7 – Public Input

          (00:18:55.27) VICKIE LARSEN INPUT –

⇒I started my input with the advice when the city responds to a wage complaint they should have the complaining party sign a waiver that the complaint remedy has been mutually agreed upon.

⇒I addressed input on the recent charges of wire fraud against an local accountant with the question did this individual audit the city’s books? 

⇒With the resignation of Mr. Richards as reporter for the local paper and my increase in traveling, the city is without “window washers” to expedite transparency, I asked about the status of live-streaming the council meetings.  I was told it was in progress upon the purchase of a camera suitable to live-streaming capabilities.

⇒I asked about the status of the lawsuit FCS brought against the city and Rhodes family.  City Attorney Austin Felts indicated he could not answer my query due to the ongoing status.

⇒I asked the members of the Alcester City Council be apprised of a listing of all vendors contact between them and Finance Office Patricia Jurrens.

⇒Finally I asked the new members of the Alcester City Council be provided  ALL materials which will they will need to make their decisions, access to all passwords needed to fact check, audit and over watch all departments within the city of Alcester, the members of the Alcester City Council be made aware of the Mayor’s right to have possession of all keys to all city buildings, edifices, offices and grounds and the make sure those keys have been supplied to him by the Finance Officer and over-see that any directions given to the Finance Officer by the Mayor are duly carried out in a timely manner.

          It was my purpose to let the council know the extent of their power and control.  As I spoke to the above issues I stressed the duties, privileges and the right of the mayor as well as I touched briefly on the duties, privileges and rights of the council members.  Alcester is an aldermanic form of government through and by a mayor and in our case a six (6) member council. There is a mayoral-appointed, council affirmed finance officer (bookkeeper) and most assuredly not a city manager no matter how many times she closes her eyes and clicks her heels!  South Dakota is an at-will state where, “SDCL 60-4-4…An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute…”

          (00:25:05.83)  HRC JARED DRIESEN INPUT Covered housing projects and opportunities, financing those housing projects beyond the two local entities of the Industrial Board and HRC.  Keeping up with demand and creating a choice for all income levels. 

(00:39:48.67) Councilwoman Kendra Hatle asked about Beck Drive, its inception and course of construction.  Ms Councilwoman Hatle, Beck Drive Inception began somewhere around Councilwoman Patricia Jurrens’ appointment to Finance Officer. Upon her appointment as finance office Ms. Patricia Jurrens along with Mayor Tom Glass bolted from the gates of the their Alcester soapbox derby of Beck Drive sometime prior to 2015.  On or around June 2, 2015, it was announced by the soapbox derby duo Glass-Jurrens that work on Beck Drive was schedule to begin on Wednesday, irrespective of a bond in place.  So how was the city going to pay for this work, by selling off lots bordering Beck Drive you say?  Around August 2016, the first interest payment on Beck Drive is due soon, and Gee Whiz NOT ONE LOT has been sold to cover the interest payment.  So how much of the HRC Fund is remaining to cover regular wear and tear maintenance on the Four (4) plex AND Beck Drive construction cost…Whose hobby-horse was Beck Drive?…Why Mayor Tom Glas and Alcester Finance Officer Patricia Jurrens spending the city’s money and leaving the west side of town hauling their own water and watching their streets collapse into gravel-filled pot holes.

(00:41:06.13)  AGENDA ITEM #8 – Police Department  Chief Jared Thompson

          (00:50:11.73) Motion was made, seconded and voted unanimously X5Ayes to hire John Krebs part-time investigator at $19.38/hour.

(00:50:52.63)  AGENDA ITEM #9 – Planning & Zoning Fences  Fencing discussion.  Draft of Ordinance to be provided by Attorney Felts.

(01:02:45.40)  AGENDA ITEM # 10  –  Snow Removal  Issue of city responsibility for snow removal damage.  Issue was a hold-over from last meeting, it was discussed and allowed to die from lack of motion.  No action to be taken.

(01:08:55.37)  AGENDA ITEM #11  –  Legal Updates  Attorney Felts had nothing to present.

(01:09:10.90)  AGENDA ITEM #12 – Fairgrounds  Update on Fairgrounds issues.  Discussion on certain negotiation and a conflict of interest issue as it relates to a commissioner.  Issue at large, the city cannot sell a street.  Street in question?  Clark Street which FCS and Mr. John McDaniel is lusting after. On May 30th, 2023, the county commissioners addressed the sale of railroad land to Farmers Cooperative Society…Resulting vote… per 05-30-2023 Union County Commissioners meeting minutes.

          ” Motion by Dailey, second by Kimmel to surplus (repost) fair property the  strip of land along the railroad: Union County Tract 3 Railway Addition in the NE ¼ of Sec.28, Twp 95N Range 49 W 5th P.M In Alcester SD. Discussion. Dailey and Kimmel voting aye and Joffer and Headid voting nay. Motion Failed…”

           (01:21:54.97)  ERROR CORRECTION ON STREET INTERSECTING  IOWA STREET.  IT IS SOUTH STREET NOT 209 STREET.

(01:26:50.97)  AGENDA ITEM #13  –  Street Parking  Discussion.  No action  taken.

(01:50:53.67)  AGENDA ITEM #14  –  Bill Approval 

          Motion was made, seconded and unanimously approved payment of the IPT Invoice for $155,610.00 construction services.  Vote X5 Ayes.

          Motion was made, seconded and unanimously approved payment of the Banner Engineering invoice for $6318.08 Engineering Services.

(01:52:19.73)  AGENDA ITEM #15  – Finance Office Updates

          (01:59:45.33) PLAT MAP OF LIND SUBDIVISION AS RENDERED BY McLaury Engineering.  Get FOPat’s comment, “…in the near future, WE WILL BE APPROVING the final plat…”  Yo FOPat you do not get to approve anything, you are just the bookkeeper.   My first thought is why in Hades, is the city going back to this engineer on the Bungler Express.  This is the engineer they hired to do the SRTS (safe routes to school) which was bungled and cause flooding for a resident and resulted in a lawsuit to make the flood victims whole again.  Now he is doing a survey.  Folks if you are not familiar with the area, do a drive-by.  Note the significant drop in elevation from the road bed, note the water pathway which cuts its way across the SW tip of the Subdivision.  Now it is going need fill and infrastructure.  It has a straight-line track down first street to the sewer system access.  Take a good look at the travel point and the First street condition.  Consider the cost of sewer, water and electrical access to these homes.  Add in the possibility of some sort of lift station or intermediary transfer of waste materials.  Wanna Guess who is going to pay for this Crapalachian Trail.  Think of those folks on the West side of town whose sewer system could be have been the left-over clay from clay pots of our cave dwelling predecessors. I sure hope a strong feasibility study takes a good long look at all the infrastructure involved in this project. 

          (02:04:08.83)  Warrant approve.  Motion, second, and unanimous approval of the May warrants.  Vote X5Ayes.

(02:07:19.57)  AGENDA ITEM #16 – Executive Session.  Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilman Hedden, vote X5 Ayes.  Council in executive session at 8:08 P.M.  Council out of executive session at 9:01 P.M.    NO ACTION TAKEN

(02:08:51.47)  AGENDA ITEM  #17  – Adjourn  9:01 P.M.

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Kyle VandenHul – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

05/15/2023 A Voice From the Gallery

The company accountant is shy and retiring…She is shy of about a quarter of a million bucks…that is why she is retiring.

Milton Berle

The  May 15, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, , Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle.  Austin Felts was the Attorney in attendance with Councilwoman Cyndi Peeples absent. The council and gallery recited the Pledge of Allegiance. 

(00:00:39.27)  AGENDA ITEM #3 – Approve Agenda –   Vote X Ayes.  Motion passed

(00:01:03.53)  AGENDA ITEM #4 – COUNCIL INTERVIEWS – Open seat in Ward I.  Executive Session SDCL 1-25-2.1     Not needed.

(00:01:11.50)  AGENDA ITEM #5  – Mayor Driesen presented his council committee assignments.

(00:03:28.07) AGENDA ITEM #6 – Public Input

          VICKIE LARSEN INPUT(00:03:37.30) I spoke to the need for all of our council representatives to have a city email by which their constituents could contact them privately without play “MAMA MAY I” with FOPat.  Residents of the council’s ward would be contacting their Ward representative directly.  Also the Council members would not be receiving emails on any business email accounts they may have. Thus protecting the privacy for both parties and in any unfortunate event that causing a subpoena to be served on a device of a council member, their business persona would arguably be exempt from that demand.

          I spoke to the profit/loss of the community center and the need to make sure the costs and debits created by the operations of the community center were INDEED attributed to the profit/loss of that entity and that if there was a profit that it included ALL costs to the operation and not was just ”crystals in the sun”.  I spoke to the  absolute need to separate the golf club from the community center.  This means ALL labor costs are on the separated books of the community center, all expenses for the community center are ON THE BOOKS for the community center.  This means there is NO picking up labor costs from the city general fund, it means all insurances, sales tax and use taxes are on the community center and are not taken from the general fund, that commensurate property taxes are assessed and applicable to the community center and do not disappear because the city is involved.

          THIS MEANS WHEN THE COMMUNITY CENTER  IS COMPETING WITH PRIVATE BUSINESS IT DOES NOT HAVE A FINANACIAL EDGE BECAUSE IT IS TIED TO THE APRON STRINGS OF THE CITY OF ALCESTER.   IT MEANS THE COMMUNITY CENTER STANDS ALONE WITHOUT ANY SUPPORT FROM THE GENERAL FUND WHICH IS FUNDED FROM OUR COLLECTIVE POCKETS.

I DEMAND A MONTHLY PROFIT/LOSS STATMENT WITH DETAILS ON THE COMMUNITY CENTER!

          I spoke to the credit card issuance for our police department.  The limit on the card for the PD Officer was at $500.00.  Now I believe the Finance Officer has her own city credit card and it has a limit of $1000.00 limit.  Now folks these limits are set and there should be no borrowing from the PD card to offset any over-usage in any “other” department which has slammed head-long into their limit just because they had the administrative power.

          I spoke to the trailer parked on Part street next to the pool.  I asked if the city owned that vehicle, ’cause FOPat has harassed residents for parking their trailers in the streets and threatened to tow them.  This trailer has been in that spot for 30 plus days, I believe the trailer belongs to the house on the corner across from the pool.  Is he going to move it?  I also spoke the proliferation of wood stacked in the backyard of that same dwelling.  Now FOPat has sic’ed ol’Geoff Fillingsness and his citation book on other residents with small piles of sticks but yet this yayhoo seems to get preferential treatment.  Really?

          Lastly I asked the status of the lawsuit Farmers Co-operative Society FCS launched against the city of Alcester in 2022  $CIV22-00048 (00:14:32.33) to which Attorney Austin Felts stated he could not comment as the lawsuit was still active and Attorney Sam Nelson was still involved in the disposition of the civil lawsuit.  My question is what is the hold up for this lawsuit.  I am going to ASSUME (me and only me) there is a conflict in coming to amicable terms, a whole lot of liabilities attached to the city, and now there is a whole lot of lawyer hourly billings involved.  We the people want to know!  What is the stale date on a civil lawsuit, boys?  Best I can tell is six (6) years but at what point after plaintiff filing does that time limit start, Huh?

          COUNCILWOMAN DARLA REPPE INPUT (00:08:52.87)  Councilwoman Reppe spoke to the no-man’s land between the ball fields, abutting properties and easements and whose responsibility for the up-keep.

          MAYOR DRIESEN INPUT (00:10:12.80)  Non-residents using the clean-up dumpsters.  Other discussion regarding the placement of a private party collection receptacle for metal took place.

(00:15:53.50)  AGENDA ITEM #7 – Legal Updates NO LEGAL UPDATES

(00:16:05.03)  AGENDA ITEM #8 – Police Department  Chief Jared Thompson/Office Kyle Kleinschmit  (00:16:13.87) Chief Thompson was up first and relayed an issue of mutual aid reluctance from the county.  (00:21:16.40)  Officer Kyle Kleinschmit took the podium to report and make a request.  He spoke to many issues involving part-time officer-wise.  He made the suggestion he would be amenable to becoming full time with stand-by capabilities but the hourly rate would have to increase.  Officer Kleinschmit spoke to being to all intents and purposes on-call on his off time hours which interfered with his other part-time job.  The city was aware he had another part-time job when they hired him and were ok with that condition of hire.  Officer Kleinschmit is willing to give up his other part-time employment for full time for the City of Alcester with the raise in hourly rate.

          I (Vickie Larsen) did comment to a past near calamity with 911 where the Union County Commissioners moved the minutes of September 23, 2014, reflect the Commissioners decision to file a lawsuit against the City of Alcester, the City of Beresford, the City of Elk Point, the City of Jefferson and the City of North Sioux City to recover unpaid fees for non-emergency dispatch services provided by Union County to the cities.  Outside legal counsel was sought by the Union County Commissioners.  This information was taken from the January 6, 2015, minutes of the Union County Commissioners and was later approved in the January 20, 2015, minutes as presented.  The 911 process was started in 2012 and culminated with the lawsuit which I believe was reported by Kelly Kruithoff for the Leader-Courier of Elk Point.

          Going back to the police department and paying them for their time.  If we continue to screw around with our law enforcement, no one will want to come to protect and serve our community.  Then we will have to resort to the old stand-by solution of law enforcement, the inflatable cop.  We can park the patrol car with the inflatable cop in the driver’s seat, then give FOPat the ‘job’ of blowing him up, inflating his ego and etc.  However we cannot inflate this officer with helium, ’cause we cannot afford to have a ‘high’ officer.  And we would be obligated to make sure in the summer he is in a cool dark place so the air does not expand and we have an on duty death of our inflatable police officer.  Yes, I already know I am irreverent.   

(00:44:34.77)  AGENDA ITEM #9 – Pool Employees  Hires  The council voted to hire Jaeley Christensen and Evan Brown as Lifeguards at a rate of $12.00/hour.  Additionally Ava Kingma was tentatively hired as Lifeguard at a rate of $12.00/hour upon successful certification.

(00:53:51.77)  AGENDA ITEM # 10–  Custodian  –    It was announced that our current custodian LeeAnn Haisch resign her position as city custodian leaving an

opening.  Councilwoman Reppe moved to advertise for the open custodian position, second to the motion came from Councilman Hedden, with no further discussion the group voted unanimously to advertise the open custodial position.

(00:55:11.87)  AGENDA ITEM #11  Credit card approval for Police Officer Kyle Kleinschmit with a limit of $500.00.  Motion was made by Councilman Vandenhul, second to the motion came from Councilwoman Hatle and with no further discussion the group voted unanimously to approve the credit card.

(00:55:38.57)  AGENDA ITEM #12 – Golf Course/Community Center    Discussion began with the question, do we want to sell the parcel with the old golf clubhouse?  Much discussion took place with the group ultimately tabling the question.  My vote would be No, Keep the land get rid of the building either by sale or give away to haul the thing away.  You never know when the land may be needed by the golf course, and the liability of a private enterprises so close to the golf course could prove costly.  Keep the land, get rid of the building.

LET THE COUNCIL KNOW WHAT YOU THINK!

          Next discussion and action point was the hiring of a cook and a waitress with the application of Danielle Ledgerwood for cook position at $13.00/hour and Ella Erickson vying for the waitress position at $7.42 per hours.  Motion was made by Councilwoman Reppe, second to the motion by Councilman Vandenhul and with no further discussion the group voted unanimously for hire these two individuals.

(01:07:48.60)  AGENDA ITEM #13  – Planning and Zoning  The great Fence conundrum, do we or don’t we.  Looking at five foot set-backs from the lot-line positioning, to on the line fence positioning and who takes care of the demilitarized zone?  This question was tabled to obtain more information.

(01:19:26.23)  AGENDA ITEM #14  – Snow removal repairs –  Discussion took place but no decision was made until Attorney Felts did some digging for information.

(01:26:39.90)  AGENDA ITEM #15  – Finance Office Updates

          (01:30:42.17)  Discussion regarding the open ‘shelter’.  My opinion is to get rid of it.  Tear it down and replace the tables with concrete tables which seat six spotted around the area as many parks have now established.  Upkeep is minimal.  (01:34:25.17)  Consolidation of the Pleasant Hill Cemetery CD’s.  Motion by Councilwoman Hatle, second to the motion came from Councilman Hedden with no further discussion, the group unanimously voted to consolidate the CDs from Pleasant Hill perpetual care Cemetery to one CD 60 months at 4.1%.  (01:40:08.03) Housing Study vote.  Motion was made by Councilwoman Hatle, second to the motion was made by Councilman Reppe with no discussion and by unanimous vote approved the expenditure of $2500.00.

(01:42:03.57)  AGENDA ITEM #16 – Executive Session if needed.  Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilwoman Hatle, vote X4 Ayes.  Council in executive session at 7:44 P.M.  Council out of executive session at 8:22 P.M.    NO ACTION TAKEN

(01:43:12.00)  AGENDA ITEM  #17  – Adjourn  8:22 P.M.

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Kyle VandenHul – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

Patricia Jurrens                                                    605-934-2517

03-20-2023 A Voice From the Gallery

The  March 20 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle VandenHul and Councilwoman Cyndi Peeples .  Attorney  Austin Felts was in attendance with Alcester City Attorney absent.  The council and gallery recited the Pledge of Allegiance. 

(00:00:36.93)  AGENDA ITEM #3 – APPROVE AGENDA –  Approval of the Alcester City Council March 20, 2023, meeting was amended with the deletion of Agenda Item #5 Community Center Update.  Councilwoman Cyndi Peeples moved to approve with the deletion, Second to the motion came from Councilwoman Darla Reppe.  Vote X3Ayes.

(00:01:21.03  AGENDA ITEM #4 – BOARD OF EQUALIZATION MEETING- Folks it is here where our legal advisor appears to have failed to advise Mayor Driesen on procedures and form. 

Form

  • The Mayor opens the meeting of Board of Equalization stating time and date.
  • Take notes of this meeting
  • Identify and Introduce applicant requesting change in assessment.
  • Identify the property location and description for which the change in assessment is requested.
  • Verify the proper forms and dates of application are within the time frame set for request for review and change.
  • Listen to the reason for appeal, the supporting arguments and input for change in the assessed valuation.
  • Discussion between Board of Equalization and applicant.
  • Board of Equalization with no further business before it, the Board votes to accept or deny and recommend their decisions to the City Council.  Upon this vote, the Mayor declares the Board of Equalization adjourned, stating the time of adjournment.
  • Mayor reconvenes the meeting as the City Council where the City Council votes to accept the decision of the Board of Equalization or deny the decision of the Board of Equalization.
  • If the municipal Board of Equalization has made any changes in the assessment, the City Council then documents the details of the change decision to the County for review and acceptance.

          While Mayor Driesen did state the time 6:01 p.m. as the time to begin, he   did not announce the meeting had changed from Council meeting to the meeting of the Board of Equalization.  Mayor Driesen did identify the applicant, the description of the property, and the assessed value of that property and verified the petition was indeed filed in a proper and timely manner.  In last night’s meeting Mr. Doyle Fickbohm addressed the City of Alcester in its guise as local Board of Equalization.  Mr. Fickbohm   presented his argument for reduction of assessment and the Board/Council considered his presentation and request for reduction in valuation.  After discussion the Board eventually agreed to reduce his property valuation to $62,510.00.  (00:21:49.10)   At 6:23 p.m. Mayor Driesen declares the local Board of Equalization adjourned. (00:23:15.33)  However Mayor Driesen needs to declare and reconvene the City Council, voice the recommendation of the Board of Equalization findings, take a vote to present those findings to the county level of the Board of Equalization.  This was not done, the legal     advisor failed to advise the follow through on procedure.  While some would argue this is repetitive action, but failure to follow procedure could result in revocation of action because there was confusion which entity was making the decision or declaration.

(00:)  AGENDA ITEM #5 – COMMUNITY CENTER – DELETED

(00:23:30.23)  AGENDA ITEM #6 – PUBLIC INPUT –

          (00:23:39.10) VICKIE LARSEN – reiteration of my position on the proposed city platting and zoning action relating to FSC Zoning and the ever growing silence on the (#66CIV22-000048) FCS Lawsuit against the city.   As well as the name of Officer on duty when I made a 911 call regarding to   reckless driving so I could contact him and give him information on what I witnessed.

          (00:31:22.70) COUNCILWOMAN DARLA REPPE – Reported on questions asked of her:  a woman asked Councilwoman Reppe, “…how do we know if there is any follow up on complaints to the city…?” Burkes, Burke’s taxes and South Dakota Senator Jim Bolin.  Councilwoman Reppe  reported she had contacted Attorney Austin Felts and Senator Bolin and after some research of the facts and details of the issue Senator Bolin declined to take any action. Councilwoman Reppe also reported she had been contacted   by parents of potential pool personnel with concerns relating to the disciplinary issues of misbehavior of children at the pool with the take home being, “…if the city did not support their employees in these disciplinary situations, they (the parents) were not interested in allowing their kids working at the city pool.  Councilwoman Reppe said she was also contacted by a resident concerned about the 1 More Bar regarding trash around the building.  Councilwoman Reppe brought up the Agenda Item relating to the FCS Plat and Zoning described her contacts regarding this issue.

          (00:37:20.60)  DAVID LARSEN  – Golf Course vs. Community Center.  Advocating separating the golf course from the community center.  I agree whole-heartedly.  These two entities should be separated into two departments and annual profit/loss statements be generated.  While Mr. Larsen did not bring up the old golf course building and storage shed, I would like to take this opportunity to speak to the surplus-ing of the property which houses the old golf clubhouse and storage shed. 

THE CITY NEEDS TO HANG ON TO THE LAND

for possible future expansion need.  

          (00:41:19.43) MAYOR DRIESEN – Folks have expressed a desire to have live-streaming of the council meetings.  (00:41:54.90) ATTORNEY FELTS – made comments but was speaking too softly for anyone to hear.

(00:42:10.93)  AGENDA ITEM #7 – GOLF COURSE –  Approve spending $12,000.00           payment from second penny sales tax fund for Reel Mower from Purple Wave Auction.  Approve advertisement for golf course vacancy:  Grounds keeper, 30-40 hours from April thru October at.  Motion was made and seconded to approve advertisement.  Vote X3 Ayes.      Comment was also made to get rid of co-manager situation and have only one manager.  Approve spending $15,000.00 for a Reel Mower, Councilwoman Darla Reppe made the motion, Councilman Kyle seconded the motion and Vote X3 Ayes.

(01:00:44.33)  AGENDA ITEM #8 – STREET DEPARTMENT – APPROVE $14,200.00 Payment to Black Star ACA, LLC for 2005 Caterpillar CB- 224W smooth drum Compactor.  Approve Caterpillar Compactor $14,200.00 which includes 5% administrative fee plus $1,000.00 delivery fee.  Asks to move over another $2500.00 for the packer.  Motion by Councilman VandenHul, second by Councilwoman Peeples.  Vote X3 Ayes.

(01:05:20.50)  AGENDA ITEM #9 –  LEGAL UPDATES  -Presented by Attorney Austin Felts in the absence of City Attorney Sam Nelson/Austin Felts.  Mr. Felts introduced motion to get rid of the ON-CALL time in the Police Policy Manual 2.5  Delete and or strike 2.5  Will need 21 days to for amend the manual by resolution.  Motion to amend the Employee Personnel Policy Manual with the deletion/strike of 5.6.  Motion to approve a Police Limited Liability Agreement in writing to be signed by PD Employees and a representative of the City of Alcester.  Motion was made and seconded with Vote X3Ayes.

(01:14:20.13) AGENDA ITEM #10  – WASTE WATER FACILITYPLANT UPGRADE – Bid opening to be reviewed by Banner representative Tanya Miller 04/03/2023 meeting.  State Water Board delayed acceptance vote .

(01:16:44.83)   AGENDA ITEM #11 – PLAT MAP APPROVAL –

          (01:17:19.93) MOTION TO CONVENE THE PLANNING AND ZONING COMMISSION, SECOND AND VOTE x3 AYES. 

          (01:17:50.47) Attorney Felts states, “… I have had a chance to discuss with Sam ,,, uh about this,,, uh…the entirety of these two lots is within city ‘jurisdiction’…uh…so the agreement is as of now…is when this is re-platted the Farmers Coop will transfer the southern lot to…the south side of the ‘ditch’ area…u-u-h…this requires city approval because its within the  ‘entirety of the city limits’…To our knowledge there is nothing that’s outside…in addition it would be our opinion that…uh…even though it could be considered a waterway its…uh…entirely private property, there is no public utilities, there’s no easements or anything …uh…that provide access to the public through this…there is no use or anything that would…uh…instead classify this as a river or a street or something that the city has to provide           access to…uh…the only thing I’ve seen and on the plat specifically identified as center line of ditch…” 

          Mr. Felts I will address your arguments for the platting and zoning of this issue. I will not use the terms of Our or We ’cause there is thankfully only one of me, I think.  The only thing I can think of that would constitute myself in terms of Our or We, is lint in my pocket, an errant loose hair on my shoulder or piece of food left-over from lunch on my front.  

          So here I go.  Going with your use of city jurisdiction.  Using the definition of ‘Jurisdiction in rem’ which is what you appear to be grasping at, “…Power of a court over a thing so that the judgement is valid as against the rights of every person in the thing, e.g. a judgment or decree of registration of title to land…”  (Henry Campbell Black, Black’s Law Dictionary, Abridged Sixth Edition, Centennial Edition 1891-1991, page 595, WEST Publishing Company, 1991, St. Paul, MN )  In this case you appear to be applying the power of a ‘municipality due to its proximity to a spot of land’ has control over the land.

          Next you apply the prejudicial term of ‘ditch’ to the meandering waterway feeding into Brule Creek.  The water way you describe as a ditch often resembles a long dug out trench in drought years. 

          Now onto your opinion that the creek is within the entirety of the city limits is erroneous in substance and in theory because from the 1957 survey conducted by Edward K. Mather’s survey of Alcester city to Mr. Lawrenson’s  Survey of Alcester is subject to interpretation, who hired him and the wages of time.  One surveyors opinion over another’s opinion.

          You mention access to the water way.  You can be forgiven for ignoring access from the creeks head or its delta.  I can take my kayak and put in at the head waters of the creek and as long as I have enough water to float my boat (navigable is the word the state uses) I can traverse the creek without access from either bank.

          Mr. Felts the state of South Dakota defines water way or creek as, “…South Dakota statutorily defines navigability by stating that “a stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years.”  (South Dakota Codified Laws §43-17-34)    

          In conclusion just having a center line in a water way does not mean it is private property and allows some clog-footed, knuckle-head from damming it up.

          Owner ship and responsibility of the culverts at the juncture of Iowa Street and South Street is dependent on the ownership of Iowa Street.  It was my information per Ray Roggow, Public Works Admin. those culverts were put into place by the County.  In addition February 4, 2016, with regard to the annexation of the property formerly owned by Bill Boyer, the Union County Commissioners approved the annexation with the amendment to that annexation, “…including all adjoining roads…”  So according to the UCC 2016-001 Alcester is responsible for the roads adjourning the annexed property.

          Lastly and in addition, the procedure for the Planning and Zoning Commisson follows the same procedural order.

  • The Mayor convenes the Planning and Zoning Commission
  • Take notes of this meeting
  • Identify and Introduce the Zoning changes, Identifying the property locations and description of changes and the Platting of those changes
  • Verify the proper forms and dates of application are within the time frame set for request for review and change.
  • Discussion of the Planning and Zoning
  • Planning and Zoning recommends approval of the changes discussed with Motion, Second and Vote.
  • Planning and Zoning Commission adjourns stating the time of adjournment of the Planning and Zoning Commission.
  • City Council re-convenes and either accepts or denies any or all parts of the zoning changes.  Motion, Second and Vote is made accepting or rejecting the zoning changes and presenting any changes to the County Commissioners for their approval.

          Council moves to approve the change. Motion, second and Vote X3 Ayes

(01:38:03.20)  AGENDA ITEM #12  – POOL MANAGER – ABIGAIL MOORE –   Motions to approve hire for 2023 pool staff.  Motion to hire    Peyton Meyer. at $14.00 per hour.  Vote X3 Ayes

(01:40:02.47)  AGENDA ITEM #13  – 1 MORE BAR REPAIRS – Approval to spend up to $2000.00 for plumbing repairs and $1000.00 scrap removal plus dumpster rent.  Motion, Second and Vote X3 Ayes

(01:42:34.80) AGENDA ITEM #14  VOLUNTEER ROSTER – Motion, Second  and Vote X3 Ayes

(01:45:27.97)  AGENDA ITEM #15  FINANCE OFFICE UPDATE

          (01:46:21.80)  Payment to Reel Sharp for mower repair, golf fund $5408   from Golf Fund.  Approval  VoteX3 Ayes

          (01:46:56.80)  Approval of February Warrants  Vote X3 Ayes.

(01:47:48.93)  AGENDA ITEM #16 – EXECUTIVE SESSION

          SDCL 1-25-2.1    PERSONNEL  NOT NEEDED

(01:48:15.10)  AGENDA ITEM #17  ADJOURN  7:48 PM

Contact City Council

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

01/11/2023 A VOICE FROM THE GALLERY

TRUTH TRACKING HAEDER STATEMENTS IN VIDEO OF 01/09/2023 REGARDING HIS RISE TO MAYOR

Mr. Closson question, (00:28:04.53) “…How did you become mayor…were you voted in…”

Mayor Haeder response (00:28:07.87) “…actually I was…”

Mr. Closson question, (00:28:17.67) “…was there a special election…”

Mayor Haeder response. (00:28:13.10) “yeah…there was…”

 Folks, after the May 4th, 2020, meeting Mayor Tom Glass hand wrote, on a lined sheet of notebook paper that he quit as of May 4th, 2020, and he signed and delivered the document to the (I believe) Finance Officer Pat Jurrens in city office that evening.  During that meeting I had made a presentation during Public Input regarding the recall of Mayor Kim Shefte.  At that time I presented the council with Headlines which appeared in the May 25th edition of the Alcester Union of the 1) Recall petition filed against Mayor Shefte, Headlines in the June 12th, 2000 edition of the Argus Leader paper 2)Alcester quashes recall, and the Argus Leader article, 3)Alcester Council President to fill in as Mayor dated June 21, 2000, and which in a subsequent city council meeting Mayor Shefte resigned immediately before a second recall petition was to be presented.  I explained to the council the first headline dealt with the Recall Petition, the second headline involved the news that our petition was kicked back because it was not specific enough and the third article dealt with the corrections made to the original petition to make it specific, signatures were again gathered and we were re-presenting the petition but just prior to that re-presentation Mayor Shefte quit.  After my explanation of the documents I presented to the council I was asked the question, “Is this a threat?”  I answered, “No, a promise!”

On May 13, 2020, when I became aware of this notice, I wrote a blog where I pointed out that this resignation had to be accepted by the council.  This left Alcester Councilmember David Larsen President of the Council as Mayor Pro Tem until a new mayor would be appointed or elected. 

In my May 13, 2020, blog I called for a

Special Election,

No Appointment!

A Special Election!

On May 18th, 2020, (per 05/18/2020) approved minutes*) date of a special city council meeting, Mayor Pro Tem David Larsen called the meeting to order with Dan Haeder seated as the Ward III councilman.  Agenda Item #4 notified of the Mayoral and Ward II Vacancy with a) motion to appoint Dan Haeder as mayor until the next election, b) administer Oath of Office and c)advertise vacancies for Ward II and Ward III (Dan Haeder’s council position).

On June 1,2020, Mayor Pro Tem David Larsen called the meeting to order. (Per 06/01/2020 approved minutes*) At 6:35 p.m. and after executive session Alcester City Councilman Dan Haeder resigned his position as Ward III Councilman.   A  motion was made to appoint Dan Haeder as Alcester City Mayor until the April 2021 election. The motion was seconded and approved with five ayes.

On May 3, 2021, Mayor Dan Haeder called the meeting to order, (Per 05/03/2021 approved minutes*)  When the new council was seated at 6:14 p.m. with Dan Haeder taking the oath of Office for Mayor and Cyndi Peeples taking the oath of office as Ward I Councilwoman new council dealt with city business.  It is to be noted here (per the approved minutes of March 1st city council meeting),  “The City will not host an election in April 2021. Two petitions completed – one for Mayor and one for Ward I.“  So Dan Haeder ran unopposed, winning (?) by default.

*These minutes can be found in their entirety on the city website under 2020 and 2021 minutes.

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-

01/09/2023 A VOICE FROM THE GALLERY

The  January 9, 2023, meeting 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, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:53.53)  AGENDA ITEM #3 – APPROVE AGENDA  approved unanimously X 4 aye votes.

(00:02:11.00)  AGENDA ITEM #4 – APPROVE MINUTES OF DECEMBER 5TH AND 19TH, 2022  Approved unanimously X 4 aye votes.

(00:02:56.70)  AGENDA ITEM #5 – PUBLIC INPUT

          (00:03:04.07)  POLICE CHIEF AUSTIN SCHULLER Chief Schuller read a statement to the council announcing his resignation.

          (00:06:15.77) VICKIE LARSEN – I spoke to the resignation of both Alcester police officers noting coverage of patrol is not an option with the sheriff’s department.  I spoke to the very real possibilities of robberies, assaults and increased drug presence in our community.   I spoke to the finance office and our options for a new finance officer, noting we could do an internship with an accounting student or contract with our accountants or the finance officer in another city for oversight while the city replaces the Finance Officer with a suitable candidate.  While I did not call for the termination in the council meeting, I now call for the resignation or termination of Finance Officer Jurrens for cause.  I spoke to the replacement or recall of Mayor Haeder.  In my  opinion he is as effective in his duties as chief law enforcement of the city of Alcester as hockey puck and his role as Mayor is not to ride rough-shod over the council, to allow the bullying and retaliatory behaviors as exhibited in his staff.  Still using hockey terms his  type of failures are usually rewarded with a charge of checking and removal from the ice.  So folks we do have the power to remove him by recall.

          (00:10:23.10)  KERRY HEDDEN  addressed the council with his concerns over the budget shortfalls and transfers of money.  He asked the question, “…what is going to happen next year…” to which he received an “…I don’t know answer from Mayor Haeder and FOPAT.

          (00:17:15.83) BABETTE MERCHANT addressed the council on the loss of our police officers as a resident and as a member of the Alcester Ambulance crew.

          (00:22:47.77) HOWARD CLOSSON addressed the council speaking to the treatment and slanderous statements made by Finance Officer Pat Jurrens, threatening letter of Alcester Building Inspector Geoff Fillingsness and the ineptitude of Mayor Haeder.  Mr. Closson is the owner of 307 Iowa street property.  Mr. Closson is a US Army Decorated Combat Veteran having spent 14 years in the Army, a former Gregory County deputy sheriff and has no criminal record! NOTABLE POINTS  (00:25:18.63) Geoff Fillingsness approved a building in Canton  which collapsed within days of the approval. (00:28:04.80)  Haeders mayoral take over.  (00:29:05.13)  Officer Lass is ordered by Mayor Haeder to remove Mr. Closson.  Officer Lass asks on what charge?  Listen to the exchange folks.

          (00:29:45.20)  RICHARD AKLAND addressed the council.

          (00:30:51.63)  MAYOR HAEDER addresses a orange sediment in the water complaint.

          (00:37:33.77)  COUNCILMAN KYLE VANDENHUL spoke to attendance at the meeting.

(00:38:27.43)  AGENDA ITEM #6 – FIRE WORKS  TRAVIS ROBINSON  No show, no action taken.

(00:41:05.03) AGENDA ITEM #7 –  POLICE DEPARTMENT Office Lass addressed the council.  Listen (00:42:00.63)  to Mayor Haeder cast aspersions on the PD, is it any wonder why we no longer have officers to protect us.  Who is going to protect us from the Mayor?

(00:46:06.10)  AGENDA ITEM #8 – RESIGNATIONS  – Motion to accept resignations of Chief Austin Schuller and Officer Grayson Lass.  Approved unanimously X 4 aye votes.  Further discussion on equipment and advertising for police officers.

(00:01:00:06.37)  AGENDA ITEM #9 –  LEGAL UPDATES – Sam Nelson Alcester City Attorney ABSENT.  NO ACTION  (01:01:12.27) Councilman Kyle Vandenhul comments on the absence of the city attorney.  Council members discuss seeking new legal counsel or stay with Frieberg, Nelson and Ask.

 (00:01:10:54.77) AGENDA ITEM #10  2023 RETAINER AGREEMENT – Unanimous X4 aye votes.

(00:01:12:29.73)   AGENDA ITEM #11  2023 OFFICIAL NEWSPAPER – Unanimous X4 aye votes.

(00:01:13:22.83)  AGENDA ITEM #12  – 2023 OFFICIAL BANK – Unanimous X4 aye votes.

(00:01:14:06.93)  AGENDA ITEM #13  – 2021 AUDIT REVIEW – Unanimous X4 aye votes.    Mention was made of an increase in fees to do our audit.  Mayor Haeder speculates (01:20:49.57) the new rate to do the city audit will no longer be $9000.00 but with the new company will raise by 45% so conceivable the new rate could be $13050.00?  WOW!

(00:01:24:58.80) AGENDA ITEM #14  ICE MACHINE  Black  mold in the old machine,  discussion on the purchase of a new machine.  Projected cost somewhere around $4691.35.  The city needs to sell the bar, it is a money pit the city cannot afford.  The rent cannot meet the city expenses.  The current lessee had expressed an interest in purchasing the bar.  SELL IT. Unanimous X4 aye votes.

(00:01:39:11.83)  AGENDA ITEM #15  PAYGOV-CREDIT CARD, DEBIT CARD, ACH TRANSACTIONS Unanimous X4 aye votes.

(00:01:44:35.17)  AGENDA ITEM #16 -BILL APPROVAL

  • BEELNER SERVICE – Sprinklers  $4770.00
  • SECOG – Grant preparation $4000.00
  • INDUSTRIAL PROCESS TECHNOLOGY – Bond  $51,120.00
  • BANNER ENGINEERING – EngineeringServices  $18,083.18

 (00:01:48:17.40)  AGENDA ITEM #17 – FINANCE OFFICE UPDATES

          a) Payroll approval disc. Need advice from City Attorney Sam  no action

          b) Warrants (00:01:54:35.03)  Unanimous X4 aye votes

          c) Workshop 02/06/2023  notification

          d) Resolution of Fees 2023 City of Alcester (00:01:56:57.90) Unanimous X4 aye votes.

          e) 2023 Municipal Election information* (02:10:12.47)

  • MAYOR    FOUR (4) YEAR TERM
  • WARD I     TWO (2) SEATS OF TWO (2) YEAR TERMS
  • WARD II   ONE SEAT ONE (1) YEAR TERM
  • WARD II  TWO (2) SEATS OF TWO (2) YEAR TERMS*

*ERROR ON NOTICE OF VACANCY … WHERE IS WARD III THIS INFORMATION CAME STRAIGHT FROM THE FINANCE OFFICE DOCUMENTS. SO PAT YA’LL DON’T PROOF THE DOCUMENTS YA’LL HAND OUT?

          f) 2023 Salaries (02:14:40.67)   Executive session to discuss employees wages (there are no salaried employees in the city of Alcester).  (02:15:42.60) Council enters into Executive session at 8:15 P.M. and exits Executive session at 9:21 P.M.  Note here, after my camera is shut down   Councilman Driesen tells FOPAT she is to leave with the gallery yet she ignores him and remains in the session.  Mayor Haeder allows the city bookkeeper in the wage discussion executive session where she has no say or purpose in that session. Unanimous X4 aye votes to accept the 2023  “Salaries”

          g) Reminders and updates

(02:23:28.77) AGENDA ITEM #18  EXECUTIVE SESSION   NOT NEEDED

(02:23:43.37)  AGENDA ITEM #19 ADJOURN  MEETING ADJOURNED AT 9:28 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

12/19/2022 A Voice From the Gallery

The  December 19, 2022, meeting 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, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:01:17.30)  AGENDA ITEM #3 – APPROVE AGENDA  Approved unanimously x 4 aye votes.

(00:02:59.63)  AGENDA ITEM #4 – COMMUNITY DEVELOPMENT  SETH WEILAND  Mr. Weiland made a brief presentation after a couple of questions regarding how far along the council was with a community development plan.

(00:15:19.50)  AGENDA ITEM #5 – PUBLIC INPUT

          (00:15:28.10)  VICKIE LARSEN

          (00:20:40.53)   DAVID LARSEN PUBLIC INPUT

          (00:21:59.47)  DARLA REPPE PUBLIC INPUT – AT LARGE COUNCIL MEMBERS. Folks you do not want this to happen. Already Ward I and Ward II are not fully represented or equally. You do not want the possibility of having someone not from your Ward speaking for you. YOU need to speak, get with the other members of your Ward. Take control of your votes!

          (00:23:37.43)  CYNDI PEEPLES PUBLIC INPUT – Ice machine failure at the bar.

           (00:25:47.53)  MAYOR HAEDER brought up the renaming of Vast to Bluepeak.

(00:27:46.73)  AGENDA ITEM #6 – LEGAL UPDATES CITY ATTORNEY SAM NELSON – ABSENT.    

 (00:28:22.03) AGENDA ITEM #7 –  CHAIRPERSON UPDATES

(00:32:40.77)  AGENDA ITEM #8 – COMMUNITY BLOCK GRANT FUNDING PAPERWORK  (0:33:05.03) RESOLUTION 2022-09 FAIR HOUSING  UNANIMOUS X 4 AYE VOTES  (00:35:17.80) RESOLUTION 2022-10 EQUAL OPPORTUNITY POLICY UNANIMOUS X 4 AYE VOTES  (00:37:17.50)  AUTHORIZE THE RELOCATION, DISPLACEMENT AND ACQUISITION PLAN UNANIMOUS X 4 AYE VOTES.  (00:38:40.17) AUTHORIZATION TO APPROVE CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING  UNANIMOUS X 4 AYE VOTES.  (00:40:45.50)  AUTHORIZATIONTO ALLOW MAYOR HAEDER TO SIGN AN EXCESSIVE FORCE POLICY  UNANIMOUS X 4 AYE VOTES.  (00:43:37.63)  ORDINANCE 2022-11 CODE OF CONDUCT CHAPTER 1:05 TO THE CITY OF ALCESTER ORDINANCES UNANIMOUS X 4 AYE VOTES. The city had to adopt all of these measures to gain grants to fund what…an albatross?

(00:48:39.03)  AGENDA ITEM #9 –  FUND TRANSFERS – Discussion  (00:49:42.37)  Listen to FOPAT defend her actions.  (00:49:59.30) Listen to Mayor Haeder talk to “camera people” demanding they understand his unfathomable and unplumbed analogies.   (00:50:34.50) 

MAYOR HAEDER, THE ONLY PAST ADMINISTRATIONS YOU COULD POSSIBLY KNOW OF ARE THOSE OF YOUR TWO PREDECESSORS GLASS AND JOHNSON WHO WERE AS CLUELESS AS YOU WHEN IT COMES TO SENSIBLE GOVERNANCE OF A MUNICIPALITY!

Folks listen to Mayor Haeder blame you for not understanding his vague grasp of municipal finance.  He blames you for his and FOPAT’s penchant for recklessly spending your tax dollars.  Listen closely.  (00:55:47.37) Mayor Haeder, your explanation of the purpose of an enterprises fund is like skydiving and while you are drifting your way down to earth, ya’ll keep cutting the cords that keep the parachute open and your HOT AIR is just ain’t inflating the reality of that sudden stop that is waiting for you at the end of your descent. (01:04:44.03)  You really did not just go there.  Those two didn’t quit, they could no longer stomach the machinations of FOPAT and you did nothing.  It is on you Mayor Haeder!  (00:01:07:12.13)  MOVING MONEY AROUND FROM ONE ACCOUNT TO ANOTHER.  SAY ISN’T THAT WHAT ‘EASY EDDIE’  DID WHILE CONSPIRING WITH AL CAPONE?

(00:01:14:08.23) AGENDA ITEM #10  – SUPPLEMENTAL APPROPRIATIONS ORDINANCE 2022-08  VOTE  THREE (3) AYE (Reppe, Peeples and VandenHull) VOTES AND ONE (1) NAY (Driesen)

(00:01:15:06.03)   AGENDA ITEM #11  FINANCE OFFICE UPDATES

(00:01:27:48.30) EXECUTIVE SESSION TO DISCUSS SALARIES/PERSONNEL  In Executive session at 7:27 p.m. and out of Executive session at 8:42 p.m.  (00:01:30:40.73)  Mayor Haeder moves on to Agenda Item # 11 (f) Year End Warrants without taking any action or approval of the 2023 salaries.  Agenda Item #11(e)(iv) called to an approval of the salaries but Mayor Haeder failed to call for the approval action.  So I take it through that failure to call the motion to a vote, no salary changes were approved for the employees of the city? What is going on? We only have FOPAT’s word when it comes to the City Attorney’s advice, she is not an attorney. We are expected to take HER word?

(00:01:34:16.03)  AGENDA ITEM #12  – EXECUTIVE SESSION IF NEEDED – NOT NEEDED

(00:01:34:32.23)  AGENDA ITEM #13  – GOLF COURSE/COMMUNITY CENTER.  Motion to hire Jenna Smith as a cook at a wage of $12.00 per hour effective immediately.  Second was made with the motion passing.  Unanimously X 4 aye votes.

(00:01:35:33.60) AGENDA ITEM #14 – ADJOURN  MEETING ADJOURNED AT 8:48 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

12/06/2022 A Voice From the Gallery

Folks there are some questions we should be posing to Mayor Haeder

and Finance Officer Jurrens:

First the behavior of Mayor Dan Haeder in meetings:

  • Haeder’s Finance Officer Jurren’s continuing participation as a council member offering up opinions on topics not within her purview of employment. 
  • Haeder’s Public Input during the December 5, 2022, meeting regarding a letter mis-delivered to his residence.  His condescending  comments regarding a local organization and the measure of its donation to the Alcester Food Pantry as well as his failure to deliver the donation to the Treasurer of the Alcester Food Pantry.
  • Haeders complete lack of mayoral demeanor and civility to certain members of the public during input.  His repeated calling Next…Next…Next when he is trying to intimidate speakers during Public Input.  Perhaps if we the gallery would, when Mayor Haeder goes off on a tangential tirade to some analogy known only to him, holler Next…Next…Next when Mayor Haeder causes a-delay-of-meeting.  Kind-of-like “the Pot calling weed a drug” or  “A shot goose gabbles the most!”
  • Hey Mayor when is your video gonna hit the website?  Can’t wait!
  • So Mayor are you still pandering the propaganda that the former chef at the Community Center quit rather than was fired a couple of months back?  Are you going to do the right thing and retract your aide-de- beurre‘s letter to the unemployment people nixing deserved unemployment?

The Finagling of Funds by FOPAT, the Wrangling of the Water Enterprise Fund, the Shifting of the Sewer Enterprise Fund, Playing Hide-the-Penny of the Second Penny Sales Tax Fund and the Slip, Slidin’ Away of the Solid Waste Enterprise Fund landing in the Hole-in-One Money Pit #453 Golf Course Fund.

  • $75,000.00 from Water Enterprise Fund – exorbitant fees allegedly to pay for water treatment upgrades just to hand over to the Golf Course?  Will it be paid back in time for the west side of town to survive?
  • $75,000.00 from Sewer Enterprise Fund – again rising rates to allegedly pay for sewer treatment facility upgrades just to hand over to the Golf Course?  Will it be paid back in time for the west side of town to survive?
  • $25,000.00 from Second Penny Sales Tax Enterprise Fund – again the original purpose of this second penny sales tax was for needed Capital Improvements not for general fund wish list.  Again Will it be paid back in time for the west side of town to survive?
  • 25,000.00 from the Solid Waste Enterprise Fund – Folks this money is derived from grants and garbage fees for a home for Household Hazardous Waste (HHW), Construction and Demolition Debris and Industrial/Commercial Waste. (https://danr.sd.gov/Funding/EnviromentalFunding/SolidWasteManagement.aspx)          Will it be paid back in time for the west side of town to survive?
  • $200,000.00 total from the above funds which were to provide for Water, Sewer, Capital Improvements (not wish list party venues the average tax payer cannot afford to utilize) and a home for the garbage of the City of Alcester.  Nah, these funds are being transfered to what appears to me to be the FOPAT FRAT HOUSE. 
  • What did the Community Center NEED to purchase to have a year-ending debt to the tune of $200,000.00?  UPS-Brown, Duluth Shorts for Christman giving? OR maybe Golf Carts to haul us to the poor house?    H-m-m? 
  • Why are the council handouts not published on the Alcester City Website so the public can read them? Why is FOPAT failing to get those out for public consumption?  H-m-m?

Meanwhile, the west side of town is experiencing rank sewer smell, reports of sewer backup, no curb and gutter, no streets.  Folks think about all those ads about Fort Lejeune lawsuits and the circumstances which led to those lawsuits.  Evidently Mayor Haeder and Finance Officer Jurrens feel a multi-million dollar community center is a better buy than viable streets, viable sewer system and water systems.  The west side of town is in trouble, similar to those homes on the coast which were built on the side of a cliff and erosion has undermined the strength of the houses ability to hang on to the cliff.  Eventually those coastal homes slide into the water.  Nobody wants to build or upgrade a home on the west side of Alcester, subject to all the fees and maintenance fees when they get nothing in return, their properties do not gain in value because the infrastructure to all intents and purpose has been abandoned by the Mayor and past city councils and they have little or no representation in city hall.  AND if they let property maintenance go by the wayside because they do not have the money to pay the fees exacted? WELL the city comes in, deems them a nuisance and takes adverse possession leaving the owners homeless.  Listen to the meeting and see who is talking the loudest and pushing the hardest for adverse condemnation.

COME TO A MEETING, ASK QUESTIONS AND FILL THOSE EMPTY COUNCIL SEATS WITH PEOPLE WHO WILL INSIST UPON POSSITIVE ACTION AND NOT A FANCY, PLUSH OFFICE!

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

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

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 DARLA – Wheelchair 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 DRIESEN – Main 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 Street.  Motion 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

09/15/2022 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 AGENDA.  Cannot 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  #11 – NATIONAL 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