04/19/2021 A Voice From the Gallery

(ongoing criminality?)

Mayor Dan Haeder called the April 19, 2021, city council meeting to order with the recitation of the Pledge of Allegiance.  Council members present were Councilman David Larsen, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Melissa Kay and City Attorney Sam Nelson with Councilman Marcus Ireland participating via telephone. 

Agenda Item #3 – Mayor Haeder called for Approval of the Agenda.  An adjustment was made to add an additional Executive Session SDCL 1-25-2.3 Legal Contract to Agenda Item #6.  Like we really needed another Executive session last night.

Agenda Item #4 – Public Input – 

*Vickie Larsen – Wheel Loader throwing good money after bad.  (0:07:07.00)  Direct Deposit for employees.  I ask the question does the city offer direct deposit to its employees.  Finance Office Jurrens answer was no. (0:37:70)  So Why not?  Don’t know how FOPat?  Too much work for you?  I handed out ‘how to direct deposit’ to the council with a detailed packet to Mayor Haeder.  The detailed packet I handed to Mayor Haeder explained how direct deposit would save the city money. Folks keep this mind, ’til you get to the HSA Healthcare provider change Agenda Item #10 (0:54:42.90) and (0:55:14.87)

*Don Drown – (0:10:10.10) Junk and dead cars in the city.  Mr. Drown was asked by Attorney Sam Nelson, “have you contacted the city?” (0:14:01.53)  Mr. Drown answered, “…numerous times…” (0:14:12.23)  Attorney Sam tells Mr. Drown to keep contacting the city office to establish a time line (0:14:19.00)  Mayor Haeder says, to talk to him, talk to your councilmember (0:15:18.20)  I asked about the a complaint form (0:16:11.77)  FOPat answers the city has a form, really?  Why didn’t you have Mr. Drown fill out a complaint when he spoke to you all those numerous times?  Councilman David Larsen asked, “…Are they (the complaint forms) on the website (0:16:28.57)  FOPat replied, : No, but I can put them on it….What you waiting for, why are ya draggin’ your feet FOPat?

*Councilwoman Darla Reppe – (0:17:37.20) Musical Garbage Cans Game the Alcester home version.  Frost is out, time to change back.  (0:18:36.33) Councilwoman Talbott thinks we should keep the game of Musical Garbage Cans going and FOPat well FOPat says (0:18:45.97), “Actually Loren loves it…”  Of course “Loren” loves it, he can get into town and get out of town so he can pick up more garbage on the route and get home.  He does not have to pay the street maintenance fee!

*Councilwoman Melissa Kay – Interstate 29 Sign –  My advice to Councilwoman Kay, do your homework before you suggest another Bambee-like fiasco such as interstate signage.  For instance madam Kay, SDCL 31-29-1 through SDCL 31-29-87.  That is just the South Dakota, the Union County, local licensing fees.  Then there is the IOWADOT (Iowa Outdoor Advertising Regulations of Interstate Highways) and then there is the Linchpin Article, How to Effectively Use Outdoor and Billboard Advertising at https://linchpinseo.com/the-guide-to-outdoor-advertising/    updated 03/16/2021 author Team Linchpin.  Folks I took the advertising course in school.  Leisure Sports looked into Bill Board advertising when we became a Recreational Vehicle Dealer.  Want to know the potential costs, let’s see there is the annual state licensing permit ranging from $16 to $72 per sign based upon size, State zoning restrictions apply, County zoning restrictions apply, Cannot be in public right-of-way or over-hang it, the maximum area of one sign can be 1200 sq ft and cannot exceed thirty feet in height and 60 feet in length. private property contract for land rent for structure of the sign, and now the biggie. Traditional billboard require a monthly payment of $250.00 to $14,000.00 or more.  Digital billboards monthly payments start from $1200.00 to $15,000.00 or more.  Now folks FOPat is all hot-to-trot to replace the decrepit signs North of Alcester and South of Alcester.  There would be tear down fees, licensing fees from South Dakota and Union County along with any zoning changes along with any restriction as to content of the signage. (0:20:30.97)

Agenda Item #5 – Wastewater Facility with presentation by Banner Representative Ms. Tanya Miller.  (0:23:11.03)  Duties of the engineering, too bad the city did not have this in place during the SRTS fiasco which bought the city a tort suit.  (0:34:23.80)  Executive session #1 SDCL 1-25-2.3 Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;  Length of session was 6:34 pm – 7:02 pm equaling a total time of 28 minutes.

Agenda Item #6 – Executive Session SDCL 1-25-2.3 Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;  discussion and decision to settle the claims of Terry and Jessica Christensen under any terms and conditions recommended by outside counsel.  Length of session was 7:08 pm – 7:17 pm for a total discussion time of  eight (8) minutes.

Agenda Item #7 – Executive Session SDCL 1-25-2.1 Personnel 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;Motion made by Councilwoman Melissa Kay.  The group entered Executive Session at 7:19 pm and was out of Executive session at 8:09 pm for a total time of 50 minutes.  Boy-howdy somebody was in deep do-do.

Agenda Item #8 – Library- Hired a part-time summer read person at $9.60 per hour.

Agenda Item #9 – Wheel Loader – bill $12,629.37  The Wheel Loader which was purchased used at a cost of $39,500.00 and as I remember to work on streets.  Ours wheel loader is a 2000 John Deere 544 (K) unknown hours with a speculative value somewhere around $15K to $30K in running condition.  So it appears the city just did $12,629.37 worth of repairs on a machine valued at or around $12K and that doesn’t include the hauling charge to and from Sioux City? (0:48:01.00) diagnosis:

*Leak in Boom Lift

*Replace O-rings

*Bad U joint

*Oil

*Rebuild Fuel Pump

*Full Service

*Alarms going off due to bad connector

*Issues with shifting

*Issues with Steering

(0:51:49.50) leave it up to the operators.  What operators?  Why would we leave a $12629.37 bill in the hands of operators?  Vote went to pay the $12,629.37 without question.

Agenda Item #10 – Health Plan change from Sanford to Wellmark with HSA option.  (0:54:42.90)  Pat’s health plan.  So Pat cannot handle direct deposit for the city employees but she is more than willing to take on the management of an HSA for the employees and the city?  Really it seems that FOPat is playing Robin Williams’  “Pinocchio, the Home Game” again.

Agenda Item #11 – Department Head reports –

Garbage pick-up moved to accommodate Park Street and Sixth Street rip up. (1:06:09.97)

Ordinances to be reviewed in the paper.

Agenda Item #12 – Reminders and Updates

Agenda Item #13 – Adjourn  8:35 pm

Karma

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

Councilman Marcus Ireland     605-370-1193

03/15/2021 A Voice From the Gallery

“Without dreams, there can be no courage. And without courage, there can be no action.” 

Wim Wenders

Mayor Dan Haeder called the March 15, 2021, city council meeting to order with the recitation of the Pledge of Allegiance.  Councilmembers present were Councilman David Larsen, Councilwoman Darla Reppe, Councilwoman Linda Talbott, and Councilwoman Melissa Kay with Councilman Marcus Ireland via telephone.  No city attorney present.

Mayor Haeder called for Approval of the Agenda.

About five minutes into the meeting chiming started. A phone.

At 6:02 p.m. Mayor Haeder opened the Alcester Board of Equalization with just one appeal of valuation.  Karen Huenink was present to make appeal the valuation of the Huenink home.  The council meandered through the process of figuring out the percentage rise in value, the basis used to increase the value, and trying to answer the question, “…how did they know about updates/upgrades to raise the valuation?” (0:12:29.23) to which FOPat answered through building permits and routine valuation hikes.

Agenda Item #5 – Public Input  Bret Doering (0:29:39.20)was present to voice his appreciation and to personally thank our police department for their quick response to the break-in of his car-wash operation.

Councilwoman Darla Reppe (0:31:32.30)reported three issues.  John Wegh (0:31:43.47) local funeral home director contacted Councilwoman Reppe concerning street and alley approach failures to his business.  Councilwoman Reppe went on to report contact with the parents of lifeguards (0:34:28.17) employed by the city were concerned about WSI and lifeguard certification fees.  Most communities pay for the certifications, Alcester pays for one-half of the certification fee.  The fees are reported to be around $300.00.  The council considered the question, if the city wishes to retain lifeguards it would be in their best interests to pay the whole fee but in a contact situation where the lifeguard must work for a specific amount of time once they have certified at the expense of the city.  Councilwoman Reppe mentioned the continuation of an exposed pipe (0:41:23.90) in Lincoln Circle in which a street pipe was exposed and presented a safety issue.

Councilman David Larsen (0:42:55.83) asked a question regarding the garbage route which has presented some safety issues for our older residents who must schlep their garbage cans across the street to have the garbage truck pick up their garbage “to preserve the street”.  Evidently the garbage truck is not ambidextrous, its arm only swings one way.

Agenda Item #6 – Email Scam-  Emails were sent to some residents with Mayor Haeder listed as the sender.  He was not.  Emails requested help using the purchase of gift card.

Agenda Item #7 – Proper Police Department contact procedure. 

Agenda Item #8 – Proposed Street Maintenance – Mayor says be patient, it is not going to happen right away.  Folks prior to 2012 the street department would make their recommendation to the mayor, the street committee would also go out in the spring of the year to evaluate street conditions with those reports compared to previous years treatments and decisions would be made to take care those problem areas on a 3-4 year revolving plan.  Now it is not just the streets but the utility infrastructure under those street which needs attention.  My opinion the city needs to adopt a schedule and a plan of action with funding to repair our streets from west to east.

Agenda Item #9 – Library Board- the council voted to seat Cosette Heman for the three year term given up by Pam Hughes.

Agenda Item #10 – Paint South Dakota 2021- Still needs a chairperson and volunteer crews.  Deadline is April 15th, 2021 for implementation.  Will be placed on the April agenda.

Agenda Item #11 – Surplus chairs- Evidently Alcester EMS is in need of chairs, so the city elected to donate 20 chairs to the organization.

About 64 minutes into the meeting phone chiming continues on and off every minute or so. Again the chiming starts at about 68-69 minutes into the meeting. Yeah Wanda’s phone messaging her. Can we not find a solution to the chiming phone causing interruptions?

Agenda Item #12 – Personnel Policy Manual Changes.  Several observations here.  Human Resource Guru Councilwoman Kay and FOPat have been pushing the merit, longevity and of course the all-time favorite employee evaluation.  Motivation?  Well let’s see, when an employee starts at the top of the wage scale raises are limited to cost-of-living raises.  So after much, much discussion and conversation dealing with personal experiences and expectations from the mayor Resolution 2021-05 amendment to the Personnel Policy was moved to first reading.

Resolution 2021-06 amendment to the Personnel Policy was introduced with a cautionary warning from Councilwoman Darla Reppe who had done some research on the issue.  Councilwoman Reppe had been warned the city should steer clear of any policy change as outline in this resolution because it becomes a major problem. Vote was taken with four aye and one nay (Councilwoman Reppe)

Resolution 2021-07 Amendment to the Personnel Policy, was presented for first reading.  The Mayor asked, “What is the highest annual salary for an employee right now…” (1:29:56.77) FOPat answered, “… it is between the Chief and myself…” (1:30:14.57)  then Mayor Haeder asks, “…what number is that…” (1:30:22.33) and after a long, calculating pause Mayor Haeder paraphrased, “…we’ll call it $50K” (1:31:10.23) Resolution approved for first reading with amendment to percentages cut in half.

Agenda Item #13 – Legal – Settlement Cap for SRTS Lawsuit against City of Alcester, McLaury Engineering by Christensen.  Cap of $10K by city or rather city liability insurance(01:43:37.40) Mayor Haeder says, “…I don’t feel bad about them (Alcester liability insurance carrier) paying…” and like amount to be matched by co-respondent McLaury Engineering.  Vote approved the cap settlement amount with the attorneys to be advised of the vote.

Agenda Item #14 – Reminders and Updates

Agenda Item #15 – Executive Session needed by Councilwoman Melissa Kay 1-25-2.1 Personnel.  Councilwoman Kay instructed Wanda Halverson to stay in the session.  Into Executive Session at 7:49 P.M. and out of Executive Session at 7:55 P.M.

Agenda Item #16 – Adjourn  City Council Adjourned at 7:56 P.M.

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

Councilman Marcus Ireland    605-370-1193

01/04/2021 A Voice From the Gallery

The January 4, 2021,  Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Dan Haeder, Councilman Marcus Ireland, Councilman David Larsen, Councilwoman Darla Reppe, and Councilwoman Melissa Kay in person with City Attorney Sam Nelson.  Councilwoman Linda Talbott absent, no explanation but can be available by telephone.(01:14.57)

Above is the oath of office which I affirmed on July 20, 2020, to support the Constitution of the United States and the Constitution of the State of South Dakota.  I promised to the very best of my ability to work for all the residents of the city of Alcester not just those located within the confines of Ward III.  I meant that promise, but in the performance and fulfillment of my promise it was alleged by a l.i.t. (lawyer-in-training) I failed to do what I promised.  I asked the October 7, 2020, Executive Session in which these allegations were delivered be open session and video-taped, I was told I did not have that right.  I was dismissed based upon the opinion of the l.i.t. without proof other than her opinion.  The form of Executive Session used in Alcester, meeting is closed and no record is made.  It gets down to she said, she said.  It is now my time!

The meeting was opened with the recitation of the pledge of allegiance…ironic.

Agenda Item #3 Approval of the Agenda was dispatched with just one amendment.(02:36.83) by Councilwoman Kay.  Agenda Item #18 Executive Session ( if needed) for SDCL 1-25-2.  SDCL 1-25-2 refers to the whole statute and should be specific to one of the purposes listed below:

1-25-2. 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;

(2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

(3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

(4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

(5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

(6)    Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1.

The agenda was amended to place agenda item #18 between agenda items #7 and agenda item #8.  So was the agenda approved by the quorum of four.

Agenda Item #4 Approval of the Minutes of December 7, 2020, and December 21, 2020, again without discussion or delay.

Agenda Item #5 – Public Input- Vickie Larsen addressed the following topics in public input: cemetery, snow plow speed, building permit, executive sessions handout, website, Nohava, who is the council president and vice-president. 

– cemetery– (04:47.70)  Discussion on this point is the driving over a gravesite with digging equipment.  During the process of excavating for a new grave, the cemetery grave digger appeared to have backed his trailer with the grave digger over the top of a grave, leaving large ruts in the surface of the grave.  I asked for the name of the culprit.  I got a non-answer from FO Pat, “a guy”  Really? I asked for a name FO Pat replied I think his name was “collie” another non-responsive answer.  The city now owns and manages the cemetery and FO Pat does not know who digs the graves.  The grave this dimwit backed over, Coach Sievert’s resting place and no one at the city level seems to care .

-Snow plow speed-(05:41.90) I reported I saw the snow plow (loader w/bucket) plowing the street in front of my home on Lincoln Drive at an excessive speed and that it was NOT Lonnie Johnson driving.  Again note the badger line I got from Councilwoman Kay.  “Did I witness this”  Yeah I did and it was not Lonnie Johnson driving the heavy equipment.  I also had reports from others in the community who witnessed the same excessive speed of the plow apparatus.  I asked the question, what happens when the bucket snags a upheaval of the curb and gutter?  Bucket gone, curb ripped up and something worse?  Please note the feedback Lonnie (11:13.80), Lonnie (11:30.93) and of course Councilwoman Kay’s badger banter (12:45.27).  I stated I did not recognize or know who was driving the plow apparatus, just it was not Lonnie Johnson.  Mr. Johnson asked the question, “was that between your property and Orville Embrocks…”  I did not realize at the time he was referring to an event a couple of years ago, where he snagged the water shut off pipe for my house, failed to let us know about it until after pipes burst in a severe cold snap and water began flooding out of my garage and they could not shut the water off because of the damage to the water shut off at the curb. 

Building permit on the Sunnyside Storage- This is where a retaining wall was called for on the building permit and the wall was not built.  I asked the question was the final inspection done, it has been reported to me that several building permits were issued and fees were charged, but there was no final inspection by the Code Ordinance officer.  So why isn’t the Finance Officer following up on this.  I believe there is to be a report of approval of the work issued to the permit holder to clear the permit and so the city cannot come back and accused the permit holder of failures.  Who is not doing their job?

-Executive Sessions– the present council and councils going back to 2012 do not have a working grasp of proper Executive Sessions.  I found a tutorial on Executive Sessions from a 2015 Association of School Boards of South Dakota which gave a simplified explanation of Do’s and Don’ts of Executive Sessions to keep the council from violating the Executive Session statute 1-25-2.  It takes Executive Sessions from proper Motion entering Executive Session to ending an Executive Session.  The Mayor and each council person got a copy of the handout and city attorney Sam Nelson got a copy with the copy write permission from the author of the piece.  (http:// http://convention.asbsd.org/wp-content/uploads/ts-of-Executive-Session.pdf)

Website– still waiting- asked FoPat – still no launch date.  I did ask if it would be in 2021.

Jeff Nohava– I asked if the ambulance had a covid clean process.  Mr. Nohava stated the ambulance complies with the protocols.  I have seen how the ambulance has complied with other protocols in the past. Yeah.

I emailed this question to the Finance Office, “Who is the President of the Alcester City Council and is there a Vice-President?  I seem to remember Councilman David Larsen was President of the Council, is that correct?  Folks  this is FO Pat’s response, her email to,” Mayor Dan, Please address Ms Larsen’s questions…Thank you in advance..Pat.  So I asked again, Councilman David Larsen responded he was and I was told by another council person that Councilwoman Linda Talbott was the vice-president of the council.  I had asked this question because when I got the boot, I did not know if the president and vice-president positions had changed.  Now we all have the answer.  Simply put the President of the Council takes over in the absence of the Mayor.  The Vice-president takes over if both the Mayor and President of the Council are indisposed.  So why was the question so far out of the FO purview she had to email Mayor Haeder to respond?  Makes a body wonder, doesn’t it.

No one else had any input, but given certain responses given to me, I can see why other members of the public might not be willing to respond.

Agenda Item #6– Alcester EMS- Jeff Nohava- reporting the service has 10 EMT’s/Nurses (RN, LPN), 6 Drivers and 6 Student attending the Akron class.  So are these 6 students taking the class in Akron going to be NREMT?  Mr. Nohava mentioned the ambulance had received a grant for a Lifepak 15 AED. 

Agenda Item #7 – Department Head Updates-

Streets-Lonnie Johnson reported the need for an upgrade of the electrical panel in the city shop ($1800.00).  Electrical Panel upgrade approved.  Street Vehicle Discussion- again-so we go from needing another truck with the capability to pull a trailer to the proposed purchase of a 2015 Nissan Rogue S (compact sport utility vehicle) 45,500 miles, no warranty, all wheel drive, 4 cylinder, trailer hitch unknown (per Lonnie) for an “out-the-door price” $15,000 with the now stated purpose to go to conventions, trainings, read meters (do ya’ll have drive-by capabilities now?) (25:40.90)and FO Pat and Wanda drooling.(we get a car, we get a car) Now folks key here is where is the money coming from,  Street Department?  I will direct you back to Mr. Johnson’s statement about the losing our streets (11:13.80) and the proposal to take $15,000 from the 2nd penny fund (29:56.53) which was originally limited to capital assets expenditures to pay for a run-around car? We keep playing games with the condition of our streets; FDR which was a joke, intermittent patching of streets are like plastering 30 minute wrinkle cream on a 90 year-old woman who worked in the great outdoors most of her life, and too many streets with no curb and gutter to stabilise the street.  But we apparently desperately need a “company car” to do what, shop?  What are the drawbacks to this model of vehicle, reports of seven (7) recalls on the 2015 model – one of which involved the shift selector knob, complaints of vehicle control and engine failure but it does have a towing capability up to 1,000 pounds when it is properly fitted for towing.  Motion was made to purchase the new toy and motion passed.  My question is do we have to take a temporary loan out until the second penny sales tax fund has recovered enough to allow a $15K expenditure?

Cemetery-Parker Dooly- No substantive update other than we need a new mower.  Wish list— a Hustler commercial grade mower with a 60 inch deck with add-ons.  Instructed to do more research (until the next meeting?)

Water/Wastewater– Dale Pearson reported the department is working on the wiring and installation of the new pumps.

Police – Officer Schuller reports the past month’s activity and reports the continuing recovery of Police Chief Christie.

Golf Course– Councilman David Larsen reported the golf course is closed up for the season.

Library– Councilman David Larsen reported the library is doing well.

Agenda Item #18 – Executive Session – if needed Councilwoman Kay moved to enter Executive Session 1-25-2 for Personnel, Second came from Councilman Ireland, with no discussion the quorum of four moved in to Executive Session at 6:46 P.M.  Everyone but the Mayor and Councilman Larsen, Councilman Ireland, Councilwoman Reppe and Councilwoman Kay was dismissed into the hallway including Alcester City Attorney Nelson, FO Pat and Wanda Halvorson.  Mayor Haeder and the four council members remained in Executive Session until Mayor Haeder declared the council of Executive Session at 7:21 P.M.  No action was taken.

Agenda Item #8 – Legal Updates – Alcester City Attorney Sam Nelson gave a report on city actions against the property owners of 307 Iowa and 205 Ofstad.  No Executive Session was not needed.

Agenda Item #9 – 2021 Retainer Agreement – Frieberg, Nelson and Ask.  No fees were disclosed during this discussion.  There was an amendment regarding the mileage charge for attending regular meetings.  The amendment was bungled.  Councilman Ireland moved to approve the Retainer with the second coming from Councilwoman Kay.  No discussion and a quorum of four aye vote.

Agenda Item #10 – Official Newspaper – Alcester Union-Hudsonite was declared the official newspaper with a quorum of four aye vote.

Agenda Item #11– Official Bank- Premier Bank was declared as the official bank of the city of Alcester with no discussion and a quorum of four aye vote.

Agenda Item #12 – Covid 19 Quarantine Policy- discussion.  Working off the SD Department of Health version of a quarantine policy discussion was initiated with Councilwoman Melissa Kay apparently not sufficiently read-in to discuss.  So why make any motions or decisions until the policy is in black and white and documented?  Tentative language was discussed but not in document form for the meeting.  Councilwoman Kay appeared to want to shove the policy through seemingly to cut corners of procedure, pushed for motion.  So the council approved in a quorum of four aye vote on a Quarantine Policy.

Agenda Item #13 – Masks- To mandate or not to mandate, that is the question.  FO Pat does not want to wear a mask!  (1:44:36.07) FO Pat says she is a team player.  As I said in the session, if the city mandates Masks the city office is the ‘face’ of the city.  Lead by example, Madame FO you are the example.  The language for any mandate will be available at the next meeting to be approved or amended.

Agenda Item #14 – Finance Office Updates

– Warrant approval- December warrants were approved by a quorum of 4 aye vote.

– CRF submissions – Covid Relief Fund  $116,623.80 in claims submitted by Alcester.  Need a complete listing.  How many of the listing are wish list versus Need claims?

– 2021 Resolution of Fees dither-dither-pass

– 2021 Municipal Elections – Sign up

*Councilman David Larsen leaves the meeting due to indisposition at 8:46 P.M.

– 2021 Wages and Salaries called.  I questioned the ‘quorum of three issue’.  City Attorney Sam disagrees, saying it is in statute.  I asked which statute?  I was told by City Attorney Sam, you can look it up.  Nice response Sam.  You know I have often wondered why Ol’Glas and FO Pat wanted to dismiss a seasoned, city attorney as Mr. Haugland.  Now I had suspected Pat had a ‘working’ relationship with the Frieberg firm and wanted to send some ‘tit for tat’ business their way.  So the city replaced a seasoned attorney well versed in municipal law with a young ‘whipper-snapper’ whose Bar membership was shiny with new and in need of practical on-the-job-training in the area of municipal law.  Councilman Ireland was kind enough to share the statute of SDCL 9:8:8 which I have read and will be researching and Yes, Mary Jane I still do read!  I yield to the SDCL 9:8:8 with its most recent update of 2017.  Still have a problem with merit raises for ‘perp’ walk experience. The motion to allow a 3% cost of living raise for full-time and part-time employees was passed with a ‘quorum of three (3)’ aye vote.

-Reminders and Updates.

Agenda Item #15 – HRC update  – the Sh*House is near completion and no rent increase for the four-plex.  I can see why they might not raise the rent on the four-plex when their view is now a Architectural Oxymoron.

Agenda Item #16 – Community Building Update.  Report by FO Pat devolved into a We did this, We have that, we will , we will.  There was an amusing moment when Councilwoman Kay asked the question, ‘who is we’.  Shoot I figured the ‘WE’ was Pat and the Lint in her pocket.

Agenda Item #17 – Update of the Volunteer Roster- Add three, omit two.  Again a quorum of three (3) vote of aye.

Agenda Item #19 – Adjourn –  Again a quorum of three (3) vote of aye. 

Meeting was adjourned at 9:09 P.M.

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

10/31/2020 A Voice From the Gallery

November 2, 2020, Alcester City Council Agenda

6:00 P.M.

Please note the agenda, you may want to be there. Specifically the cost of the street signs, the computers to be paid for by CARES and lest we forget an EMS Update (ought to be interesting.)

Let your council know what you think:

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

10/21/2020 A Voice From the Gallery

09/21/2020 Alcester City Council Meeting – Agenda Item #11 – Finance Office Updates

  • Purchase of (8) 10 inch computer, screen protectors and cases $2232.00 .  Yeah, a wasteful expenditure of money just in case the council has to meet remotely.  Oh but C.A.R.E.S will reimburse the city, maybe?  C.A.R.E.S. ( the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming, bipartisan support and signed into law by President Trump on March 27th, 2020.  This over $2 trillion economic relief package delivers on the Trump Administration’s commitment to protecting the American people from the public health and economic impacts of COVID-19.)  Want to know where C.A.R.E.S. funding   comes from our tax pockets. So why do we (the city) spend fund money for an “I Wants” when someone whose “Needs” (food, rent, medical care) are greater than our “I wants”?  $2232.00 would be better left in the fund to provide for food, beds and medicine for those who really need it.  We don’t.  Oh yeah, I was not supposed to research A&B Solutions and their quote. Oh my, shame on me for asking questions about a potential purchase without a translator.

09/21/2020 City Minutes – September 21, 2020   Agenda Item #11 (e) Covid-19

Marcus Ireland made a motion to approve the purchase of Eight (8) Samsung Tablets from A&B Business Solutions, $2,232.00, General Fund, as a COVID readiness expense, for remote meetings; Linda Talbott seconded it. Roll Call vote – Melissa Kay, Marcus Ireland, Linda Talbott and Darla Reppe voted aye, Dave Larsen and Vickie Larsen voted no.

 Auditor:  Iowa Misallocated at Least $21 Million in COVID-19 Funds

“Iowa State Auditor Rob Sand announced Governor Kim Reynolds misused CARES Act Funds to purchase software for her staff… Iowa’s government misallocated at least $21 million of federal assistance intended for COVID-19 relief and must correct the error by the end of the year or face having to repay the money, State Auditor Rob Sand says.”   Jason Clayworth, Auditor:  Iowa Misallocated At Least $21 Million in Covod-19Funds,  Des Moines Register,  www.desmoinesregister.com published October 18, 2020, 3:34 PM CT

Folks I voted against this and I wrote why I did in my post 09/21/2020 A Voice From the Gallery.  My opinion and position on CARES Funding of computers still stand, the City of Alcester could be on the hook for $2232.00, want to guess whose pockets that will come out of?

Let your council know:

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

10/02/2020 A Voice From the Gallery

  • Please find below a PREVIEW of the agenda sent for Monday, October 5, 2020. This is a preview, some items may be added or deleted prior to posting on the City Hall Door later this afternoon

Changes in agenda , please note.

Agenda Item #13 – Discussion on Plat Map from FCS a)Permission to sign document. Motion by:_____________ Second ______________ * (Discussion?)* Vote All Yes:________ Yes_______ No_____

Agenda Item #14Discussion on Plat Map from Union County Fair Board a)Permission to sign document. Motion by:___________ Second ________(Discussion?) Vote All Yes:______ Yes:______ No:______

Agenda Item #15 – Executive Session SDCL 1-25-2.3 Legal Constractual Matters – If needed Motion by:__________ Second________ (Discussion?) Vote All Yes________ Yes_______No______

Agenda Item #16 – Finance Office a)updates: b)Warrants- Motion by:_________Second__________ (Discussion?) Vote All Yes:_______Yes_______ No______ c)Alliance phone package update d) Health Insurance Compensation for FT employees not taking City Health Insurance. Personnel Policy Update/Resolution Change Motion by:__________Second________ (Discussion?) Vote All Yes-_________ Yes_______ No________ e)reminders and updates Time Change… New Landfill Hours (Monday, Wednesday, Thursday (3:00 p.m. to 5:00 p.m.) Saturday (8:00 a.m. to 12:00 noon))

Agenda Item #17 HRC Update

Agenda Item #18 Alcester Community Center

Agenda Item #19 EMS Update

Agenda Item # 20 – Update Volunteer Roster for Worker Compensation

Agenda Item #21 – Executive Session SDCL 1-25-2 if needed a) Motion by:_________ Second__________ (Discussion?) Vote All Yes_________ Yes_______ No _______

Agenda Item #22 – Adjourn Motion by __________Second________ (Discussion?) Vote All Yes_________ Yes________ No_____

*indicates my insertion of the word–discussion

06/01/2020 A Voice From the Gallery

Mayor pro-tem David Larsen called the meeting to order at 6:00 p.m. with the following council members present: Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilman/Mayor pro-tem David Larsen, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson.

Agenda Item #2 – Pledge of Allegiance

Agenda Item #3– Approve agenda

Agenda Item #4 – Approve Minutes of May 4, 2020, and May 18, 2020.

Agenda Item #5 – Vacancy

Executive Session was called to interview candidates for mayor and for Ward II Council seat at 6:02 p.m.

Council came out of executive session at 6:35 p.m.   At 6:36 p.m. Ward III Councilman Dan Haeder resigned as Ward III council representative. It is uncertain why Councilman Haeder chose to resign because he could hold his seat as Ward III Councilman and perform duties as appointed mayor pro tem without resignation. Upon acceptance of what appeared to be his written resignation, the council appointed Mr. Haeder as Mayor until April 2021. Ward III was declared vacant and posting should appear in the official newspaper to fill the vacancy.

Next up was the appointment of Marcus Ireland as Ward II representative.

Both Haeder and Ireland were administered the Oath of Office by Finance Officer Patricia Jurrens. After five minutes of meeting and in which two (2) agenda items were dealt with, Mayor Pro Tem David Larsen realized Mayor Dan Haeder had not taken over the meeting and unfortunately our Parliamentarian Attorney Sam missed the failure to transfer of power. Mayor Haeder took over directing the meeting and re-did agenda items 6 and 7. A note here it came to my attention that FO Jurrens had not verified eligibility of Mr. Ireland prior to her administration of the Oath of Office to him. I asked FO Jurrens this morning (June 2, 2020) if Mr. Ireland was in fact eligible, registered voter in the city and her answer to me. “I do not know, I will contact Callie or Marcus”. This troubles me because the quasi-election official failed to verify eligibility before she administered the Oath of Office. After my conversation with Finance Office Jurrens, I verified with Union County that Mr. Ireland was indeed a registered voter and eligible to hold city council member seat.

Agenda Item #6 – Council office. Councilman David Larsen retains his position as President of the Council and Councilwoman Linda Talbott was elected as Vice-President of the Council second in line for mayor should something prevent Mayor Haeder from executing his duties as Mayor before April of 2020.

Agenda Item #7 – Signatures Council voted to place the following individuals as signatories for the bank accounts and access to safe deposit boxes in the name of Alcester City. Signers are listed as Mayor Dan Haeder, Council President David Larsen, Finance Officer Patricia Jurrens and Finance officer employee Wanda Halverson.

Agenda Item #8 – AMKO-Mark DeRaney Bond Issue

Mr. DeRaney has been working on the refinance of the water bond. A Resolution (2020-07)was needed to set this refinance in motion. In light of the recent changes in the economy it was determined that banks were no long as willing to finance bonds so Mr. DeRaney was working with underwriter D.A. Davidson, out of Des Moines, Iowa, and with Zions Bank Trust Corporation as payee which was required for the change-over process. The resolution needed to be amended to reflect the changes.

In addition to the publication of Resolution 2020-07, a special meeting was needed to complete the transaction. Special meeting was set up for June 19. 2020, at 1:00 p.m. in the Auditorium.

Agenda Item # 9 – ROCS transport -represented by Peter Smith. This agenda item was pushed back in the agenda line up due to the Planning and Zoning Hearing.

Agenda Item #12 – 7:00 p.m. -Planning and Zoning Hearing-(out of order) . It was determined an amendment was needed in Ordinance (2020-08) to create a planned development district which can write its own rules but cannot be an area smaller than a city block.   (Chapter 5)

Agenda Item #9- ROCS Transport continued. This is a transport service to provide rides to appoints and etc in town and out of town. It was mentioned the Care Center was no longer transporting residents to appointments.

Agenda Item #10 – Emergency Siren testing and repairs- Discussion and information was shared concerning our emergency siren system by Axel Ericson and Pat Kast. Discussion covered a weekly routine test at a specific time and day to keep batteries operational and find any problems before any emergency.

Agenda Item #11 – Input-

I shared input which dealt with inaccuracies in meeting minutes. Specifically the Finance Officer editorializing the minutes and not facts of the meeting. Specifically the reference to the issue/input regarding contract variance. She opined the conversation between Attorney Sam and myself did not have anything to do with Alcester. The contract variance dealt specifically with a seated councilman and the finance officer of Alcester which definitely deals with Alcester. I also advised the council that Hawarden pool is closed and Beresford pool will not be open until June 15, 2020, and then only to residents of Beresford and the Beresford School District. I also mentioned an issue with the cemetery and an employee of the city with regarding to a squirrel jumping from a Pine tree on the cemetery property and causing a power outage down Lincoln Drive. The employee was mowing with headphones on, failed to hear the explosion, failed to quit mowing when the Mid-American Tech was on scene discussing the situation with me even when he saw us standing next to the Utility Truck with a Boom.

A gentlemen who had just moved into town was questioning the zoning and asked how to get and who to get a building permit from. He also asked where he might find the building codes. It would have been nice to be able to tell him he could find all that information on our website, BUT we do not have a website—WHY?

Oh and lest we forget Mike Burkes, purchase Lots 5 and 6 in on Beck Drive (just behind to the north of Randy Heuer)in the Numsen Addition and their proposed S***House. This is a residential neighborhood and not business, storage or commercial. This edifice S***House was according to Mr. Burke too big for just one lot. Mr. Heuer those covenants which protected the value of your property are deemed null, care to argue that premise with those of us complaining the covenants are not void. You have more to lose than me.

Agenda Item #15 – Pool Updates- Yeah, there was a discussion concerning the interview of pool personnel. It came to light the pool committee was not notified of the interviews and were kept out of the interview by Finance Officer Patricia Jurrens. Once again she was interview employees without a bona-fide councilmember present. WOW talk about major over reach. FO Jurrens you are still not a councilmember, you are still not a city administrator, your are still just the city bookkeeper!

Agenda Item #16– Chief of Police- Discussion of hours, and over -time.

Agenda Item # 19-

Ordinance 2020-05 Clovid 19 derivative, amended by repeal of all but the mayor’s call to close down. Passed

Ordinance 2020-06 Two meetings per month-Passed 3 Ayes, 2 nays. Comment was made by Mayor Haeder about the length of meetings being the reason for the change to two regular meetings per month. I submit Mayor Haeder you set the agenda and you are in charge of what business comes before the council and how much time is spend on that business not Finance Officer Patricia Jurrens. Sir you control the length of the meeting, so in fact you do not need two regular meetings a month.

Agenda Item #20– Personnel Manual rewrite-Still in process. Department Heads, versus Committee versus Supervisors exercise in semantics. Additional discussion of Overtime for police Department which is exempt from Overtime versus Administrative Exempt from Overtime. Sam indicates that FLSA (Fair Labor Standards Act is not applicable to Alcester. We better make it applicable or we will not be able to maintain a decent police department.

Agenda Item #21- Finance Office- Warrants dealt with. Notice the Finance Office was undergoing an Analytical Review. Rent for city offices at the old school will be in exchange for law care paid by city.

Agenda Item #26 – Adjourn at 9:32 p.m.

03/03/2020 A Voice From the Gallery

Mayor Glas said, “well I guess it is time…” and so the regular meeting of the Alcester City Council was half-glas’d into session with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Melissa Kay and Councilwoman Linda Talbott in attendance–who knows where Councilman Lance Johnson was, he sure wasn’t a sittin’ in his seat at the council meeting. Small wonder why the council hasn’t a clue of what is happening per comments made later in the meeting.

Pledge was called, Agenda Approved without change, Minutes approved without change and finally public input was called without all the enthusiasm of “oh, dang she is here”. I responded I had public input.

Agenda Item #5 Input- I announced I had, immediately prior to the meeting, delivered to the Mayor’s seat my formal appeal request of Councilman Lance Johnson’s variance and a FOIA (Freedom of Information Request-South Dakota Sunshine) and I also pointed to the 17 page, fine-print, terms and conditions of the BAMBEE contract as well as an article titled, “Making the Best Use of Your City Attorney”.

Finance Officer Patricia Jurrens said she didn’t have the copy of the appeal and the FOIA and I responded they had been placed at the Mayor’s seat. I commented on the fine print of BAMBEE pointing out the yellow highlighter on the document. Specifically mentioning item #3 where BAMBEE explains she cannot give a legal opinion, Oh deer! It was my impression that legal was the whole purpose of hiring BAMBEE. Now folks BAMBEE requires a $500 audit fee right off the bat, then requires a monthly fee, the combined totals account Mayor Glas’ stated was a grand total of $2500.00 to $3000.00 (01:17:55:63) annual fee for HR advice. HR advice which HAS to be run past our city attorney, who the city council previously insinuated is not trained in HR and is costing the city too much in legal fees! H-m-m the two gentlemen who currently hold retainers to represent the city, list their areas of expertise as Real Estate, Probate, Federal Income Tax, Family Law, Municipal Law, Civil litigation and Criminal Defense which seems to cover territory which has prominently figured in our HR problems recently and still has one doozy HR problem still in the hopper. Somehow I think our retained attorneys cannot ‘handle’ this situation without a conflict question.

I also pointed out the article on, “Making the Best Use of your City Attorney” might be a good read if it is true as Councilwoman Melissa Kay pointed out later in the meeting, (01:22:31:30) “…we only have one or two times a month where we are seated in Council, we do not get enough information and we do not know how to deal with it…”  ?

Agenda Item #6 – Executive Session-Contract- and request for Revolving Loan for a local businessman. Council went into Executive session at 6:05 p.m. and came out at 6:17 p.m. with no motion made.

Agenda Item #7 – Legal Updates-

  1. a) Shouse discussion – Now I had to ask what Shouse was, thinking it was a misprint. It was explained a Shouse was a metal house/shed which according to FOPat is just ‘the thing’. Yeah? IN TOWN? Is the illegal garage at 518A Anderson Street now morphing into a metal sh** house? Yet another effort on FOPat’s part to legalize a ‘favor’ for a dirty-handed councilman?
  2. b) Chip Seal – Now we have to amend the chip seal bid to delete the most wondrous, amazing street treatment ‘evah’ and a Fantastic Failure Done our Roads. Given the efficacy of FDR on our streets, we would have had more success papering our streets with laminated BFranklin paper. So now we must pay for City Attorney Tom to apply Anti-Monkey Butt lotion language to FOPat’s and Mayor Tom’s RASH bid contract to FIX our streets! (54:42:43)  Get the Red out of our Budget!  I warned the council in a past complaint the vandalism to the curb at 518B Anderson Street would create water damage to the street and I was told by Mayor Glas the water ran-off just fine.  Check out how he changes his tune (52:55:17)(54:42:43)(55:55.17) about street damage due to cracks in the curb and gutter.

Agenda Item #9 – Nuisance Update –  (13:08:07) Arlene’s Cafe sidewalk drainage solutions. The city sat, wasting council time on discussing this issue and its ‘fix’ solutions. This is private commercial property NOT belonging to the city of Alcester. While there is certainly an issue with water draining down-stream from the city owned bar and city responsibility for the property, the simplest solution is to routinely clear the space between the City owned building and the adjoining Arlene’s Café property of snow BEFORE it gets to the sidewalk. Messing with an apparently sound sidewalk on the east side of Iowa street is unnecessarily costly. The two entities can share the cost of removing the alley snow, leaving each entity responsible for the snow clearance of the sidewalk fronting each property as provided by ordinance.

Agenda Item 8 – At this point 6:30 p.m. the time for scheduled bid (17:41:90) opening for the auditorium property.  Mr. Scott Hansen representative of Alkota Cleaning Systems was present (26:40:00) for the opening. Mayor Glas opened the lone bid received, which offered $120, 000.00 for the building/and property and which was well below the appraised price on the auditorium of $260,000.00. And so the great debate/discussion began over a bid contract which the council failed to read and understand their own terms and conditions for bidding. When the council put our auditorium up for bid, they lacked the foresight to make alternate plans for holding city council meetings, they lacked the foresight what to do if the bid is substantially lower than appraisal, and what is the lowest bid we are willing to take for our building. Judging from the discussion,

“Our council Hindsight is 20/20 and our Council foresight is legally blind.” (Inspired by the quote of Benjamin Graham)

How many people would put their homes up for sale without a clue where they were going to live after promising an immediate possession sale?

Questions were asked of Tom Walsh who was also present (29:26:77) with regard to the Golf Course Community Building. The council opined they cannot possibly make a decision to accept the Alkota Bid until they KNOW IF AND WHEN the proposed Community Building Dream Gaffe project is consummated. Mr. Walsh gave an update from the architects of the golf course project.  In a past meeting when FOPat was ‘splaining’ the project to the council she commented that, “…the architects projected the cost of the community building high…” It appears that COOP Architects project costs missed the boat ’cause the reported bid info shared on March 2, 2020, meeting was “the bids came in SIGNIFICANTLY HIGH-something nearer to $1 Million+ over. FOPat commented they, “…just couldn’t figure out where the costs came from…” (00:00:00) Dear Sweet Auntie Em, this is our finance officer who cannot figure out expenses? Folks the items involved in this bid HAVE to be commercial grade not Sh**House grade or Residential grade. More discussion to take place at the March 16, 2020, special meeting set for 6:00 p.m.

Agenda Item #9 – Nuisance(continued) – Council touched on 204 Ofstad, 208 West Fourth, Dog License Compliance. City Attorney Tom Frieberg to clean up Dog Licensing ordinance language to compel our Police Department to act as dog catchers. Councilman Dan Haeder made an analogy concerning dogs-at-large, citing a tragic car/truck crash on I-29. The crash cause summary per news reports was a northbound tractor-trailer with a pup trailer abruptly braked to avoid two dogs crossing the interstate. A Mazda following the tractor-trailer rear-ending the pup trailer. The operator who was wearing seat belt was pronounced dead-on-scene with no injury to the tractor-trailer driver.

Councilman Haeder’s analogy (40:53:57) using the crash, inferred dog owners were culpable because the dogs were running-at-large. Errors in that analogy include such circumstances as:  1- Dogs could have been deer. 2- what exactly was the Mazda driver doing, what was the speed of the Mazda (posted limit 80 mph), how close was the Mazda following the tractor-trailer, were there contributing road conditions, 3- There is no ordinance dogs in Alcester must be caged, just that they are controlled, their vaccinations are current, they are spayed/neutered and have a city license which proves the appropriate documentations has been provided to the city, the only apparent concern for at-large-dogs relates to menacing behaviors, 4- As I understand motor vehicle liability relating to rear-end collisions, is the failure to have one’s vehicle under control is a cause for citation for failure to have control. Tragically it was the failure to have the vehicle under control which ultimately caused the death. There is no justification for licensing dogs in this analogy and no justification for attributing a tragic death to a pet owner.

Perhaps instead of licensing cats and dogs, owners of domestic pets voluntarily register their pets with the city without license or cost and we avoid the Mayor Glas’ and the city council’s castration of our city police department into dog catchers which distracts our police department from their very real job of enforcing the drug laws, domestic abuse laws, embezzlement laws, false 911 reporting and liquor violations. Anybody on meth or over-reaching political authority is far more menacing than Fluffy or Lassie any day of the week!

7:03 p.m. Alcester City Attorney Tom Frieberg left the meeting.

Agenda Item #15– Executive Session called at 7:03 p.m. for interview of two candidates for Utilities person. Out of Executive session at 7:52 p.m. with no decision voted upon or action taken.

Agenda Item #11 – Streets- Most important issue was the city asking for advice from Engineer McLaury. Now I personally have a problem with this because Mr. McLaury in all his engineering prowess during the SRTS issue caused the illegal vacation of alley behind to two residential properties from 4th street to 6th street, the earthen dam design caused AND CONTINUES TO CAUSE flooding of the property at 301-4th street along the east side of the alleyway, required a significant change order which ultimately cost the taxpayers of Alcester an project over-run of $20,000.00 ’cause he could not seem to figure out the ADA restrictions and requirements while maintaining his bid quote. Now FOPat wants to reward him with another shot at our tax coffers?

Agenda Item #18 – Finance Office

a) Warrants

b) HR Services – California BAMBEE (01:17:03) Ask to see the copy of the terms and conditions of BAMBEE I provided to the city.  The council has presented BAMBEE, yet none of the council seems to have read or investigated this subject adequately to make AN INFORMED DECISION.

*PLEASE NOTE Finance Officer Jurrens cannot seem to get a simple agenda done properly. She cannot seem to go from 18 (a) to 18 (b) to 18 (e) without screwing up and leaving out 18(c) and 18 (d). Now folks I make proofing errors, but I do not get paid $46K to get a simple agenda correct!

*e) District meeting – Vermillion March 19, 2020. Now you have heard about HR BAMBEE and how according to Councilwoman Melissa Kay, “…we just do not have the information, the experience or the know how about HR…” District meeting is where you can get this information, SDML to whom you pay a membership dues is another source of information, Alcester City Attorney to whom you pay a retainer for HR information and council-folks it is part of what you were elected/appointed to do.  Readers check out the video (01:39:58:63) and (01:41:23:00) see how many council members attend the district meeting. Oh do not FOPat it where you sign up and only show up for a hour.

You want to have information, demand your finance officer get it to you in time for you to read up on the subject matter BEFORE council meeting. IF your finance officer cannot get the job done or get the information to you in a timely manner-FIRE HER BUTT! In addition do not accept her ‘translation’ as accurate, it is YOUR responsibility to verify all information. I email information from time to time to the you, or lay it at your place at the council table. I put it in front of you so when I reference it,  you can pick it up and read it at brain level. I do not place this information on your chairs so you must absorb the information through your emergency exit!

Agenda Item #18 (?) Alleged payment for a Website- HOORAY Now payments made to the city, the golf course, the pool and etc. can be made to the city via the Official Website.

WE DO NOT HAVE TO HAVE THE CITY OFFICES AT THE GOLF COURSE COMMUNITY BUILDING ‘CAUSE ALL PAYMENTS CAN BE MADE THROUGH THE OFFICIAL ALCESTER WEBSITE PAYMENT PORTAL. WE CAN ACCESS AGENDAS, MINUTES, FORMS AND ALL OFFICIAL NOTIFICATIONS THROUGH OUR OFFICIAL WEBSITE     YAY!

Agenda Item #18 (f)   Updates and reminders-One item not under the updates and reminder is the 2019 Election Issue, according to my source the complaints have been investigated and the reports are sitting in line on the prosecutor’s desk for execution.

Agenda Item #23 Executive Session

8:50 p.m. In Executive Session for Personnel

9:23 p.m. Out Executive Session for Personnel

NO ACTION TAKEN

Agenda Item #6 (?)

9:25 p.m. In Executive Session for Contracts

9:35 p.m. Out Executive Session for Contracts

NO ACTION TAKEN

Agenda Item #24 -Adjourn

Adjourned at 9:35 p.m.

02/05/2020 A Voice From the Gallery

Two things right off the bat.

First I must apologise for the lack of video, you cannot know how much I regret not checking for the danged memory card!!!

Second an update that the council agenda missed in the Finance Office Reminders and Updates. Finance Officer Patricia Jurrens Trial is still on for tomorrow February 6, 2020, at 9:00 a.m.

At the February 3, 2020, regular meeting of the Alcester City Council was called to order by Mayor Tom Glas at 6:00 p.m. with Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present. Alcester City Councilman Lance Johnson was absent.

The Council and gallery stood to recite the Pledge of Allegiance.

Agenda Item #3-Approve Agenda was called and approve unanimously.

Agenda Item #4-Approve the Minutes of January 6, 2020, and January 27, 2020, was called and again unanimously approved.

Agenda Item #5-Alcester EMS Update delivered by EMS President Jon Serck was called. In Mr. Serck’s presentation he gave an update the ambulance was down to three (3) EMT’s with one in the wings to be certified. Mr. Serck described to the council and gallery the need for EMT’s. He also announced that our Ambulance would be transporting only emergency calls, those emergency calls would be mandatorily delivered to the Hawarden Hospital until otherwise announced.

Agenda Item #6-Alcester Fire Department-Pat Kast Fire Chief requesting special alcohol permit and the change in date to Saturday, March 21, 2020, running from 3:00 p.m. to12:00 a.m. in the Alcester Fire Department. Fire Chief Kast’s request was approved unanimously.

Agenda Item #7-Public Input- I, Vickie Larsen addressed the council with comments regarding Alcester City Finance Officer Patricia Jurrens verbal attack on a person at their place of business regarding a circulation of petition, what was in the petition, what did it involve, who was circulating the petition and where was the petition. Folks this is at least a second report of Alcester City Finance Officer Patricia Jurrens verbally accosting people with regard to circulation of petitions. This is an illegal act due to the fact the Alcester City Finance Officer is the election official of the municipality of Alcester. It is my understanding the first time was FO Pat heard gossip there was a petition being circulated, she wanted to know who, what, where and expressed her desire to, “…tear it up…” It is my understanding the council became aware of the most recent violation of election issue. Which I imagine was dealt with or not dealt with in Executive Session.

Agenda Item #8-Legal Updates-Sam Nelson, Alcester City Attorney-

a)   ACA Nelson presented the City Council with copies of 2020 House Bill 1116 (revisions regarding the use of perpetual care trust funds to maintain cemeteries), 2020 House Bill 1120 (allowing second or third class municipalities to act as Planning and Zoning commissions), 2020 Senate Bill 61(revision of certain provisions regarding a municipal office nominating petitions) and 2020 Senate Bill 135 (bid limits of certain public improvements). I would like to thank ACA Nelson for giving me copies of those bills.

b)  Alcester Community Building-sealed Bid, Bid Opening March 2, 2020, at 6:30 p.m.

c) 2020 Chip Sealing and FDR Bid- Motion to approve advertising 2020 Chip Seal Bid and FDR (Full Depth and Reclamation) set for March 2, 2020 at 6:45 p.m. O-o-o-p-s FDR is no longer an option cause it seems Ol’- FDR with the snow, rain and subsequent wetness now resides in the storm sewer and in our street department’s considered opinion isn’t such a good idea after all. SO NOW WHAT? ACA Frieberg is working on the bid documents, work to be under $30K H-m-m if I remember accurately our annual (not for long) little ol’ street maintenance TAX garners somewhere around $37K per year. H-m-m.

Agenda Item #9– Ordinance Changes-

a) Second Reading of Ordinance 2020-01 – 1.0202 An Ordinance Amending the Existing Municipal Ordinances of the City of Alcester, South Dakota, Title 1, Chapter 1.02, Section 1.0202 Regular Meetings. Moving the regular meeting from 7:00 p.m. to 6:00 p.m.  IT seems the meetings are running past Mayor Glas’ bedtime. Oh by the way the Mayor was encouraged to read the Ordinance aloud, Yeah. If it would not have been cruel and unusual punishment on the gallery, I would have called for Mayor Glas to repeat the ordinance so the gallery could hear and understand the dyslexic pontification in the style of Comedian Norm Crosby Mayor Glas put out. No amount of better acoustics is going to cure that.

b) Second reading of Ordinance 2020-02 – 5.02 An Ordinance Amending the Existing Municipal Ordinance of the City of Alcester, South Dakota, Title 5, Chapter 5.02, Sections 5.0211, 5.0212, 5.0212A and 5.0213 Fluffy and Fido. Licensing Pussy Cats as well as Puppy Dogs. IT seem the ratio between pussie cats and Rats has dipped and Fluffy has worn out her welcome within the city. So the City is mandating a license to bell the cats so-to-speak.

Now folks let’s taking a look at this and apply a human element into this war on pussy cat Fluffy. IF Pussy Cat Fluffy lives within the city limits of Alcester she must be collared, belled, spayed and licensed. So begs the question, IF Pussy Cat Fluffy declares her residence OUTSIDE the city limits does she need to be collared, belled, spayed and licensed. She gets her mail via RFD but she does spend her days within the city limits earning her living.

So now the human element, City Council person is elected/appointed to Ward II, he must live, get his mail and sleep in Ward II, Right? But what if City Councilperson buys a house in Ward III and intends to live in said Ward III house, according to statute HE/SHE must resign from city Council because HE/SHE no longer lives in Ward II. SO what happens if he only sleeps in Ward II and does everything else in Ward III. H-m-m it is no wonder the City Council wants advice from BAMBEE HR of California!

Agenda Item #10-Nuisance Property Discussion

a) 210 Ofstad Update

307 Broad Street

Speaking of nuisances, What about the place on East Iowa across from Mayor Magoo where the owner parks the backend of her car across the sidewalk?

Speaking of nuisances-I suggest we Fire Geoff Fillingsness, follow the lead of Beresford and get rid of excess city baggage.

b) Water flowing off the City Owned Building (Bar) flowing through the city      owned alley and onto adjoining property adversely affected Arlene’s Cafe. The city owns the bar, run-off from the building and alley is adversely affecting the adjoining property owner. The fix is the financial responsibility of the city.

Agenda Item #12 Street Updates-Lonnie Johnson

The street department mentioned the Full Depth Reclamation issue and the Street Committee of Councilman Lance Johnson, Councilwoman Linda Talbott and Councilman Dan Haeder (hopefully I got the names recorded correctly) were going to contact Engineer Kim McLaury to get his opinion. When asked what McLaury’s qualifications were with regard to streets, I believe it was FO Pat who answered, “…well he owns his own company…” Yeah just a refresher course on Mr. McLaury’s expertise in engineering and I do not mean Thomas the Train Engine. Mr. McLaury’s engineering expertise the Alcester SRTS inflicted upon the city of Alcester where he designed an ADA Bridge traversing the horseshoe pit and alley through the park. Where the contractor had to go back in a raise the topography into the air almost at the same height as the swimming pool diving board because Mr. McLaury just could not seem to grasp the incline/slope into ADA regulations. I believe the cost overrun on that jewel of engineering was something like $20K which the city elected to kick over and pay. Got to wonder how much the fix for FDR is going to cost the city taxpayers. I swear it would be cheaper to add FDR to Mount Rushmore than cover FDR on our streets.

Agenda Item #14 Property Purchase 01.01.13.1040 Quam & Berglin Rentals $15,000 to come out of the second penny sales tax. There we go again, Mayor Glas and FO Pat working on Pay-Day Loans. It is to be noted here than Mr. Wegh does not mind an add-on garage to the building next to his establishment. Well evidently the Mayor Glas, FO Pat and Councilman Lance Johnson asked if Mr. Wegh would be bothered by a garage.  A courtesy they did not extend to the folks on Anderson Street.  Purchase was unanimously approved.

Agenda Item #17-Pleasant Hill Cemetery Update.-Finance Officer Patricia Jurrens

a) changing the signatories on the bank accounts which includes signers Mayor Glas, Finance Officer Patricia Jurrens, ASS’T Finance Officer Wanda Halverson, and Councilman Dan Haeder. Folks one work of caution on this acquisition, perpetual care carries a great deal of future debt. When the spaces are depleted, the money for care stops and becomes an obligation of all taxpayers.

Agenda Item #18 -Finance Office Updates-FO Pat

a) Warrants – Bills for condensing unit for the Bar-general fund

Bill for a Reznor Tube Heater city shop-general fund

Warrants approved unanimously

b) Tax Abatement-County gave us a refund and P-f-f-t it is gone.

c) City Utility Positions-Add a new FT job at $13.00/hour, city to hold interviews for candidates.

d) HR Services- Folks the city wants to contract out to Bambee HR, Los Angeles, CA to tell them how to deal with the city employees. Note here that not one (that I am aware) of the council members is a business owner who employees more than five employees. WOW Price Tag $500 up front audit of employees related expenses, re-write the personnel manual, $200/ month billing whether Bambee is used or not.   The reason, oh folks you are going to love this (and I wish I had this on video) the council is tired to paying out $125.00 per hour for advice from City Attorney Sam on their HR questions. Oh man you should have seen Sam’s face. DEJA VUE! Sam I hate to tell you, but you are not the first attorney Mayor Glas and FO Pat have done this to.  Folks you need to check out the Terms of Service of Bambee (https://www.bambee.com/legal/tos ) Evidently the council has not because they would not have been talking in the terms they discussed in front of the gallery. If the council carries though with the logic they discussed, they are going to be sued. I know Mayor Glas did not read them because I did not see a Dick and Jane Version of the Terms of Service on Bambee’s website.

Folks we are members of the South Dakota Municipal League, both Sam Nelson and Thomas Frieberg are lobbyists for the SDML, Alcester pays a membership fee which covers certain entitlements of membership so why in the world are they asking a California psychic HR for advice on South Dakota municipal employees. Granted both the state and the federal dictate rules and regulations over employees but still BAMBEE? Are ya kidding?

Agenda Item #18 (f) -Reminders and Updates.

Agenda Item #20 Community Center Update February 11, 2020, at 4:00 p.m. at the city auditorium. Evidently it is a come and go and of course scheduled off hours for anyone who works for a living. Nice timing, right. Let Mayor Glas know. Geez Louise, why 4:00 p.m.? Does it interfere with Mayor Glas’ early evening Nap?

Agenda Item #21-Update of Volunteer Roster

Names removed from EMS: Don Brose, Mike Burke, Nancee Cowell, Brandi Smith, Paula Wiberg. Names removed from FD Jesse Duncan and Ryan Micke

Agenda Item #22-Executive Session Personnel

Entered into Executive session at 8:06 p.m. with the Mayor Glas, City Council members, Larsen, Reppe, Haeder, Kay and Talbott, and Finance Office personnel Patricia Jurrens and ASS’T Finance Office personnel Wanda Halverson, Exited from Executive session at 8:23p.m.  Do you s’pose they discussed Finance Officer Patricia Jurrens illegal attack on a citizen over petitions?

Agenda Item #23-Adjourn

Council Adjourned at 8:24 p.m. early enough for Mayor Magoo to rush home and make his beddie-by time.

 

PS: “How to circulate a county or municipal Initiative or Referendum Petition” Steve Barnett-SD Secretary of State

elections@state.sd.us   

 www.sdsos.gov

 

02/01/2020 A Voice From the Gallery

Agenda 02/03/2020

 

COMING UP:

January 6, 2020,AGENDA ITEM #18 (e)-Motion to Approve CDBG Loan to City $32,640.66 (police car). 0% Interest, 4 year Payback per schedule. No action taken on CDBG Loan to City as Sam Nelson needs more information.

January 27, 2020,Special Meeting Agenda carried no provision for City Attorney Sam Nelson’s report on the $32, 640.66 proposed CDBG Loan to pay for the Police Car. H-m-m?

February 3, 2020, Agenda Item #8-Legal Updates-Sam Nelson-NO CBDG?

*Generally I do not like to use Wikipedia as a source because it can be edited by anyone. I will in this case include a quote from Wikipedia as it relates to Allocation of Funds,

“…communities must meet certain requirements…First, ‘not less than 70 percent of CDBG funds must be used for activities that benefit low- and moderate-income persons.’ Secondly, funds MUST be spend on eligible activities, which are broadly defined as including ‘community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services.’…Such activities may include ‘Acquisition of real property, Relocation and demolitions, Rehabilitation of residential and non-residential structures, Construction of public facilities and improvements’ and more…Third governments must follow a plan of project selection that includes citizen participation, especially by citizens who live in ‘areas’ in which the grantee proposes to use CBDG funds” *(https://en.wikipedia.org/wiki/Community_Development_Block_Grant.)

State Allocations and Contacts State CDBG allocations by state are listed at: http://www.hud.gov/offices/cpd/communitydevelopment/budget/. The best contact people are the HUD Field Office Directors, whose contact information can be found at: http://www.hud.gov/offices/cpd/about/staff/fodirectors/.

 

CONCLUSION:

NO CBDG FUNDING OF EQUIPMENT DESCRIBED AS POLICE CRUISER AND PER THE ALCESTER ORDINANCE FOR SECOND PENNY SALES TAX–ASSETS ONLY– NOT POLICE CRUISERS THOSE MUST COME OUT OF GENERAL FUNDS. NO PAY DAY LOANS ALLOWED FO PAT!  Wow, I did not realise Beacom had a program in PayDay Loans!

February 3, 2020, Agenda Item #14-PROPERTY PURCHASE 01.01.13.1040 QUAM & BERGLAND RENTALS, $15,000, 2ND PENNY-Class NADC and NADC2 valuation 2019 $16,260 Purchase price to be taken from 2nd penny sales tax. It is to be noted here, upon city purchase the property ceases to accrue tax dollars benefiting the residents of Alcester.

February 3, 2020, Agenda Item #15(b)-Golf Cart trade-in/purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.

February 3, 2020, Agenda Item #15 (c)-Golf Top Dressing Mower Purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.

February 3, 2020, Agenda Item #18 (e)-Motion to approve Loan to City, from Revolving Loan Fund (?), $32, 640.66, 0% interest, 4 year payback per schedule.

SO FOR US NOT-SO-ASTUTE RESIDENTS, ‘Lay Persons’ and ‘snoopy, busy-body neighbors’…Tell us what is the difference between the CBDG and a Revolving Loan Fund.  Just a name change?  Semantics Sam?  ACA Sam, is your judgment of a ‘well constructed letter for a lay person’ based upon Class ‘A’ legal advice, English degree, South Dakota Municipal League Lobbyist, seat in the SD Bar or participant/advisor to the city council in canvass of the 2019 mayoral votes meeting where Alcester City Finance Officer Patricia Jurrens handed over the keys to the ballot box and the council was allowed to handle the election ballots?”  Sam just because an argument does not ‘jump-out’ at you like a 400 lb. gorilla, it does not mean a small soft warning growl in the dark of a room does not mean there are no paws, no claws and no jaws waiting, on the ready to defend to the end! The FAT LADY is STILL not singing, do-re-mi-oorah!

 

Please readers, attend this meeting.

It is important.

Public Input is AGENDA ITEM #7, TELL THE COUNCIL WHAT YOU THINK. IT IS YOUR RIGHT, YOUR VOTE, YOUR TAXES!