Tag: Darla Reppe Alcester SD

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

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

06/26/2022 A Voice From the Gallery

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

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

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

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

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

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

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

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

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

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

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

02/07/2022 A Voice From the Gallery

The First Two Rules of Leadership: Don’t be Stupid, Don’t be a Jerk

David Cottrell

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

          Once again FOPAT planted her backside into the seat normally occupied by City Attorney Sam Nelson and once again she interjected her opinion as though she was a council member emboldened by the fact Mayor Haeder allows her to continue to speak without being asked a direct question about bookkeeping.

Agenda Item #3 – Approve Agenda after error was noted by Vickie Larsen (02:17.80)  Mayor Haeder continues on with approval of the Agenda without formally correcting the error. (02:47.83)

Approved Unanimously

Agenda Item #4 – Approve minutes of January 10th and 17th, 2022 meetings

Approved Unanimously

Agenda Item #5  – Public Input

          #1 I (Vickie Larsen) asked when I was going to receive my FOIA/Sunshine request.  “Dead” silence and then FOPAT whispers, “I haven’t had a chance to get…” (04:06.27)  Folks this is Par FOPAT as far as my Sunshine requests go, she delays as long as she dares.  So yeah, I used sarcasm to get my point across.  Then the great rush to defend PO FOPAT, Councilwoman Linda Talbott, “…No need to be sarcastic…” and then there is ol’ Mayor Got-FOPAT ‘s-back, “…you’ll get it as soon as possible…” (0:04:26.27)  I continued with my list addressing the Brosz  ‘Pot-O-gold’ offertory.  Any time you add a third party to the billing mix, the price goes up.  So what if they can buy in bulk, that $3000.00 up-front-join-the-buying-club fee will eat up any savings.  Folks we already have the ability to initiate a joint powers agreement with other towns to help off-set costs city projects. While I still had the floor, Mayor Haeder interrupted me prating, “…Next, Next, Next…” (0:04:35.40 through 0:04:37.90)   I went on to my next point, a statement of HRC Financial Condition and where Mayor Haeder babbled about, “…they (HRC) had a meeting, well it really wasn’t a meeting…”  So Mayor Haeder, was it or was it not a meeting.  I asked for the HRC financials, We the People have a right to know! (0:05:31.27)  I went on to my last item which concerned technology in the council room.  I asked if there was an Echo device or Alexa device in the room.  Folks get a load of the maturity of Mayor Haeder who immediately starts hollerin’ for Alexa (0:05:54.17)  And I was called for sarcasm?  Oh that is right, I was called on sarcasm not childishness.  By the way Mayor Haeder, the “wake” word doesn’t have to be “Alexa”, maybe “Dalie” or some other concoction from the list of covert names accessible by FOPAT.  I got no answer.  So Heads-Up folks when you walk into the city offices or any office with a tech-ware, beware you may be recorded.  Check it out for yourselves

(https://www.the-ambient.com/how-to/change-alexa-name-voice-wake-word-647).   

The device normally referred to as Alexa is always listening and recording.  Most of us use the ‘wake’ word Alexa but that ‘wake’ word can be changed.  So when Mayor Haeder was doin’ all his grand standing hootin’ and hollerin’ at Alexa, she was listenin’ and recording.

So how-bout-it FOPAT, a FOIA for what Alexa has been listenin’ to and recording for the past few days?

          #2  Further Input by Councilwoman Linda Talbot.  Councilwoman Talbott remarked about questions she received about water bills and paying them as well as other issues.

Agenda Item #6 – Police Department – Chief Schuller Updates

Chief Schuller went over the stats with the council.  Councilman David Larsen seem concerned about non-hazardous moving violations resulting in fines or the distinction between non-hazardous violations and the hazardous violations and subsequent fines.  At this point these statistics are not being featured on the website.  They should be public so we, the people can see what our officers are facing each workday and not being played down and interpreted by FOPAT.

Folks let the council know, we need police coverage

Agenda Item #7 – Brosz Engineering – Multi-Community Chip Seal Project

Discussion on the wonderful, wonderful deal the city was going to get if they suckered into Brosz Buying club. (this is sarcasm)  I was there for the presentation and I found certain allegations made in the pitch disturbing.  Question posed, “how do you know you are getting what you are paying for?” Answer we can supervise the project—for a price.  Engineering fees.  Folks we are already mired in an Engineering fee fiasco, so what do you call an engineering feat which causes a run-off flood situation, costs the city an extra $20,000.00 with a lawsuit down the road.  WOW  Mayor Haeder loves the engineers and they must be trusted.  Well let’s see a few engineers who were trusted:  Chernobyl Nuclear Disaster (USSR, 1986), Titanic (UK, 1912), Pennsylvanian Johnstown Flood (USA, 1889), Surfside condominium building collapse (2021), Space Shuttle Challenger disaster (1986), Hindenburg Disaster (May 6, 1937), Deepwater Horizon (April 20, 2010), Tacoma Bridge Disaster (July 1, 1940) and Cleveland Gas Explosion (1940) to name a few of the more spectacular events.  Let’s talk about the Fog Seal (0:16:38.03) cosmetic and no need to sweep.  So Fog Seal is the Mary Kay cosmetic make-over for streets and YAY our Street Sweeping machine never has to leave the garage.  Mayor Haeder prates on, (0:18:12.57) close by!  Closer is better.  So Mayor Haeder why are you promoting a Minnesota contracting applicator instead of a local contracting applicator.  Of course then we have the unsurpassed input of the city bookkeeper (0:25:15.43) and there ya have it, the bookkeeper thinks it is a better product!  The bookkeeper whose hands-on-expertise with road construction is what?  I’ll that to your fertile imaginations.  Mayor Haeder goes on to say, (0:25:26.47) OIL, that sticks in his mind.  Well at least something sticks in his mind.  Per Mayor Haeder, Brosz knows all about it.  Mayor Haeder further blathers (0:25:47.60) speculating the Road Guys might cheat us, oh but not the Brosz Aztec guys ’cause having an engineer (0:25:57.87) involved will protect us.   Yo’ Mayor Haeder tell that to the victims of the depot flooding.  Tell that to the surviving passengers of the Titanic, the Hindenburg, or the survivors of the Surfside Condominium Building Collapse.  I am sure they would be impressed by the perspicacity of you and your minion FOPAT.  (0:27:47.93)  Our community already has had joint powers agreement programs in place to facilitate group buying.  (0:28:05.17) Folks listen to Mayor Haeder as he takes a giant step back and lays the decision for or against solely on the shoulders of the city council.  Evidently he has forgotten that little ol’ power of veto he holds in his ‘lily-white’ hands.  (0:28:28.87)  Now listen as FOPAT comments she doesn’t know about the expertise and competency of  the Road Guys. Yeah madam bookkeeper, you don’t know about expertise nor competency and ya’ll sure don’t know any more about the expertise or competency of Aztec or Brosz other than hear-say from a biased entity. (0:29:57.57) Nice try Mayor Haeder, the State specifies materials used in road bids.  And sir, we do not have any more assurance that Aztec/Brosz will adhere to the standards than the Road Guys.

Left at getting a quote from the local guys, the question was tabled until more information was available.  Folks it is our money, why do we need to pay $3000.00 extra fee.  We can be cheated just as fast by the new guys on the block as we can by local guys. 

Just remember you never whizz upstream from where you get yer drinkin’ water, local businesses know this.

Agenda Item #8 – Horizon Health Foundation- Pars for Patients

Approved Unanimously

Agenda Item #9 – Water Pipe Locator Purchase Approval – $6250.00

A handy dandy water pipe locator all for the bargain basement price of $6250.00 which will be taken out of the water fund ($3125.00) and the sewer fund ($3125.00)  WOW  Too bad they cannot use it to locate lost graves in the cemetery, which would prevent selling the same grave plot twice.

Approved Unanimously

Agenda Item #10 – Promissory Note between City of Alcester and Gary McKellips, Interim Donation Shortfall $200,000.00 Community Center Fund-Five year payback (semi annual payments)

Approved Unanimously

Agenda Item #11 – Finance Office Updates Pat Jurrens

          a.  Warrants

Approved Unanimously

          c.  Reminders and Updates

Agenda Item #12 – HRC Update

I asked for a Statement of Financial Condition, don’t have one.  H-m-m   I have long commented on the lack of foresight and handling of the property within the HRC and building permit.  The city lives on the allowance (property taxes) our residents give us.  By the manner of building permitting we are fast losing income which is our city budget’s allowance.  No more garage only properties, we lose property tax income on those. (0:54:15.23)  Mayor Haeder just discovered our limited tax liability.  WOW  Ya just figurin’ that one out Mayor?  Ya haven’t been concerned about running competition to our local businesses where our local businesses have to pay property tax and the city can own buildings and not pay one red cent in property tax.  Mayor singled out the HRC and used it as an example where there is no property tax because the HRC an arm of the city does not pay property tax.  I told you a long time ago, didn’t ya have yer ears on Mayor?  Now you’re hot and bothered about lose of taxes on HRC properties.  So Mayor Haeder, what about the city owned Albatross encircling the necks of Alcester City Residents.  Our taxes are going to pay for a gamble by our mayor and his council who are totally ignorant of any kind of business plan for the Albatross.  Not a good money plan in my book.  But Mayor Haeder is tickled silly ’cause we now have lots sold and just one house to one lot.  (0:55:15.23)

Agenda Item #13 – Executive Session Personnel  (SDCL 1-25-2.1) Council went into Executive Session to allegedly discuss personnel.  Folks this is a serious matter, yet ya should have heard the laughin’, caterwauling and loud carrying-ons comin’ out of the council room.  Why all that noise kept Wanda and me awake in the hallway for that whole hour (60 minutes) of executive session. 

Approved Unanimously

In Executive Session at 7:02 p.m. and out of Executive Session at 7:57 p.m.

Agenda Item #14 – Vacancy Advertisement

We have a vacancy in the Finance Office and nope not that one, it’s Wanda’s position that is vacant.  We have a vacancy for a custodian and we are looking for a part time cook.  Now we really do not need a deputy Finance Officer, FOPAT does not need a side-kick.  However we do need is a third police officer.  So let’s dump the position of deputy finance officer and add a third police officer to the police department where we really need the help and assistance.  Ask the city council what the stats are, how is our police department handling the influx of calls.  I do not mean the call there is, “a wild pussy loose on Hayden Drive, I mean the 21st century version of a door-to-door peddler selling his/her druggy version of Watkins home-style cures and syrups.”

          Motion was made to advertise these vacancies.

Approved Unanimously

Agenda Item #15 – Community Center Staff Hire

Council voted to hire Carina Lusk effective immediately.

Agenda Item #16 – Adjourn at 8:02 p.m.

Contact City Council

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

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

01/09/2022 A Voice From the Gallery

PREVIEW

(Agenda can be found on the city of Alcester’s Website.)

ALCESTER CITY COUNCIL MEETING AGENDA

JANUARY 10, 2022

ALCESTER CITY HALL

OLD SCHOOL CENTER, 500 Dakota Street

6:00 PM – MEETING

1. Open Meeting

2. Pledge of Allegiance

3. Approve Agenda

           Motion by: __________ Seconded by: __________  Vote:  Yes ___ No___

4. Approve Minutes of December 6 & 20, 2021 Meetings

          Motion by: __________ Seconded by: __________  Vote:  Yes___ No ____

5. Public Input:  ___________________________________________________

6. Police Policy & Procedure Manual – Chief Schuller

          a. Discussion: __________________________________

          b. Motion to approve updates to Police Policy & Procedure Manual effective  January 10, 2022

          Motion by: __________ Seconded by: __________ Vote:  Yes ___ No ___

7. Police Department – Chief Schuller

          a. Update:

          b. Police Chief & Sheriff’s Spring Training, Deadwood, April 18-21, 2022        

Motion to approve Chief Schuller attending, 3 nights stay, $77 per night,  City Patrol Car

          Motion by: __________ Seconded by: __________ Vote: Yes ___ No____

8. Community Center – Clint Nyreen

          a. Update:

          b. Motion to hire ________________________, Rate $______________,         Position of: __________

          Motion by: __________ Seconded by: __________ Vote:  Yes ___ No ___

9. 2022 Retainer Agreement

          a. Motion to approve Retainer Agreement, Frieberg, Nelson & Ask, 2022  

Motion by: __________ Seconded by: __________  Vote:  Yes ___ No ___

10. Street Purchases*

          a. Discussion:      

          b. Motion to approve the purchase of JD 54” Snow Blower ($1,600),   Ballast Box ($240), Cab ($385) Skid Steer brush (1,200); Renken Sales,  Snow Fund         

          Motion by: __________ Seconded by: __________ Vote: Yes ___ No ___

          c. Motion to approve the purchase of JD Skid Steer Front Deck Mower ($1,800), Renken Sales, Solid Waste

          Motion by: __________ Seconded by: __________ Vote:  Yes ___ No ___

11. 2022 Official Newspaper

          a. Motion to approve the Alcester Union ~ Hudsonite, Official Newspaper for City of Alcester, 2022

          Motion by: __________ Seconded by: __________ Vote:  Yes ____No ___

12. 2022 Official Bank

           a. Motion to approve Premier Bank, Official Bank for City of Alcester,      2022

          Motion by: __________ Seconded by: __________ Vote:  Yes ____No ___

13. Golf Course Tree Trimming

          a. Discussion:  

          b. Motion to approve hiring Lukas Driesen, trim Maples, Holes 5&7, 9&7 Fairways, $2,100,

Golf Fund

          Motion by: __________ Seconded by: __________ Vote: Yes ___ No____

14. Golf Carts

          a. Purchase or Lease Discussion

          b. Motion to: _____________

          Motion by: __________ Seconded by: __________ Vote: Yes ____ No ___

15. Downtown Garbage Cans **

          a. Discussion:

          b. Motion to approve purchase of cans

          Motion by: __________ Seconded by: __________ Vote: Yes ___ No ___

16. Finance Office Updates – Pat Jurrens

          a. Warrants

          Motion to approve December Warrants

          Motion by: __________ Seconded by: __________ Vote:  Yes ____No ___     

b. Resolution for City of Alcester 2022 Resolution of Fees***

          Discussion:

          Motion to approve the City of Alcester 2022 Resolution of Fees

          Motion by: __________ Seconded by: __________ Vote: Yes ____No ___   

c. 2022 Municipal Election Information

          Vacancies / Election Terms

          Election Date April 12, 2022

           d. 2022 Salaries ****

          Motion to enter into Executive Session pursuant to SDCL 1-25-2-1 –    Personnel

          Motion by: __________ Seconded by: __________ Vote:  Yes ___ No ___

          Motion to approve the 2022 Salaries

          Motion by: __________ Seconded by: __________ Vote: Yes ____No ___

          e. Reminders & Updates

          Dog/Cat License Deadline – January 31, 2022

          Shovel all walkways & path to water meter

17. Updating Volunteer Roster for Workers Compensation*****

           a. Motion to add Wanda Halverson, Pat Jurrens – Alcester Community Center

          Motion by: __________ Seconded by: __________ Vote:  Yes ___ No ___

18. Executive Session – if needed

          a. Motion to enter into Executive Session pursuant to SDCL 1-25-2-

          Motion by: __________ Seconded by: __________ Vote:  Yes ____No ___

19. Adjourn

          a. Motion to adjourn Council

          Motion by: __________ Seconded by: __________ Vote: Yes ___ No ___

*        Street purchases-coming out of the Snow Fund and the Solid Waste Fund-Perhaps the city should hire outside contractors to bid this service.  That way we do not have a whole cupboard of toys that de-value over time, breakdowns costing the city fix-it money and save storage space.

**      Down town garbage cans- When it was suggested to the council to place a   couple of dumpsters in a central location to allow our older population to drop off  their trash in this central location and not have to trot their trash cans across the street for the convenience of the trash man.  FOPat argued         that our rural citizens would bring their trash into town and dump for free. 

SO FO PAT WHEN THE PARK TRASH BINS ARE LEFT OUT ALL WINTER, WHO DO THINK ARE FILLING THEM.  TAKE A LOOK AT THE BINS ON THE SERVICE ROAD THAT RUNS PARALLEL TO SIXTH STREET.  AND NOW YOU WANT TO BUY CANS FOR DOWN TOWN?

***    Resolution of  for Fees.  Ah yes, the ‘FO crap tax’  Folks you need to come.  Have you received your water and sewer bills?  These are usually referred to as enterprise funds.  In other words the profit derived from these funds is used specifically for water and sewer projects.  NOT for all these gadgets called support systems for our Sewer Facility or our Water Facility.  These funds have all the look of a bait and switch fraud with the rationale well if we use the loader to scrape the crap off the concrete at our sewer facility we can use the sewer funds to pay for it and then we can use it for the Albatross parking lot.

****  Salaries-Salaries is not an Executive Session Subject!  The only time a  salary would fit into an Executive Session Discussion would be the discussion to increase the Salary of FOPat to $65,000.00  per year and is she worth it.

*****         Volunteer Worker compensation naming Pat and Wanda with regard to the Alcester Albatross.  Volunteer, now there are Two Oxymorons.  For the health and welfare of the Albatross and the tax pocket books of the residents of Alcester, those type of volunteers should only be allowed at the Albatross to pick up a to-go order.

Come speak in Public Input.  Let your Council members know!

          Contact City Council

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

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

12/20/2021 A Voice From the Gallery

This Ol’ Pat, she played one,

She played Knick, Knack on our H-h-m-m

With a Knick, Knack FO Patty’s Whacked,

Give A Pig a home,

Ol’ FOCat is on the roam.

The December 20, 2021, city council meeting was called to order at 6:00 p.m. by Mayor Pro Tem and President of the Council David Larsen, Darla Reppe, Linda Talbott, Cyndi Peeples and Lukas Driesen present.  Absent were Alcester City Attorney Sam Nelson and Mayor Dan Haeder.

Agenda Item #3 – Approve the agenda.  Missing from the agenda under Agenda Item #7 – Department Chair updates was #7(h) Liquor Store which was added.  Also missing from the agenda under Agenda Item #6 – Police Department #6(d) was a blank description a motion to be made.  Sloppy work.  This  Agenda Item #6(d) was a motion to establish a separate post box  for the Police Department.  This item was not named until the Police Department agenda came up for consideration.  Again Sloppy work.  The Agenda was approved with the addition of Agenda Item #7(h) but not included was the specific description of Agenda Item #6 (d).

Agenda Item #4 – Council Interviews  Still…no one wants Pat on their back and so the vacant seat on the council remains vacant.  H-m-m-m!

Agenda Item #5 – Public Input

Vickie Larsen was the first to respond to the call for public input.  I posed three questions/subjects to the council. 

#1) (00:01:54.97)Was there a written apology to the resident whose private telephone number was shared publicly by the ‘girls in the finance office”?  There was no written apology made to this resident.  So there was no write up or punitive action taken against the finance office for release of private records.  WOW  Mayor Haeder needs to be sanctioned for his abysmal lack of oversight and the ‘girls in the finance office’ need a formal reprimand for handing out private telephone numbers.

 #2) (00:02:12.10) Prior to the December 20, 2021, meeting I placed two ‘forms’ documents at the council members and city attorney Sam Nelson dealing with a written Application for Overtime Prior to Working the Overtime and the written and signed Approval form from the Mayor allowing the Overtime prior to overtime being taken.  These forms need to be in place and evidenced by Agenda Item #10 Community Center (Alcester Albatross) Agenda Item #10 (a)(b)(c) Personnel.

#3)  (00:03:09.57)The (02/2022)Golf Expo Registration Fee of $500.00.  Folks this is for a 10 FT X 10 FT booth space at the Austad’s Sioux Falls Golf Expo.  This is for a vendor’s space to promote products and services.  I explained to the council that this venture is going to cost the taxpayers more than $500.00.  Having had experience in doing these types of Expo shows in the McCormack Place in Chicago, Expo shows in Reno, NV and in Sioux Falls and Sioux City venues, I explained about the rental of fixtures (i.e. tables, chairs, table drapes, floor coverings and powered presentations) purchase of banners, purchase of promotional brochures, wages of the personnel manning the booth, travel times, mileages over the two day Expo and a reliable website touting the golf course and community center.  ***Any guesses on who is going to primp, fawn, sniff and poke her nose to ‘man’ the booth and collect overtime?

***I would like to go back to a previous input comment made in the November 15, 2021, video to Public Input when I asked the question about a check cut for a snow truck before our Street Department head ever left the city and inspected the vehicle (14:35.20).  No credible answer from FO PAT.  I went on to ask why City of Hawarden had presented the City of Alcester a bill for $97.02 (15:08.83) for a water locate?  FOPat’s response (15:28.57) “Sometimes water locates are difficult to find…And they (Hawarden) have a little bit better equipment to locate that…we cannot locate it…”  When I asked if a resident asked for the locate FOPat answered, “…water line repair…” non-answer.  Check out the video.

          Gee what an Oxymoron, ol’ FOPat handed over a signed check to an employee who left town to inspect a snow truck in Cedar Rapids, Iowa,  which had not yet been approved by the council then remarks our city employees have difficulty doing water locates so we have to call Hawarden to come into town to show our guys how to do their job. 

This Ol’ Pat she played two

She played Knick Knack on our city crew,

With a Knick, Knack FO Patty’s whacked,

Give that Pig a home

The ol’ FOCat is still on the roam.

Cosette Heman (0:07:48.83) responded in Public Input, thanking the street crew for their response to her curb stop issue.

Agenda Item #6 – Police Department

Police Chief Schuller gave updates on calls and incidents over the past weeks.  At Chief Schuller’s completion of updates (0:12:02.30) Councilwoman Linda Talbott moved to go into Agenda Item 6(b) Executive Session under SDCL 1-25-2(1) Personnel while still within the Police Department Agenda time.  The motion was seconded by Councilwoman Peeples and with a unanimous aye vote the gallery including FO Jurrens and Wanda Halverson were excused out of executive session and into the hallway at 6:12 p.m.  At 6:22 p.m. the council was declared out of executive session and the gallery along with Jurrens and Halverson were allowed back into the room with no time for me to set my camera back up and start of recording which caused a delay in recording of meeting in my video.

          Agenda Item 6(c) Police Chief Schuller began his discussion of the progress of the Police Policy Manual (0:13:12.13) which included updates of recording and body camera devices, discretionary body camera usage, use of deadly force, definition of deadly force, use of naloxone/narcan and sick leave as it relates to FO Pat’s administrative reporting of worker compensation filing in a timely manner and within the frame standards.

          Agenda Item 6 (d) unspecified police department line item.  One can only speculate here why this item was left blank on the agenda and its connection with the Executive Session regarding Personnel.  This line item was the necessity of a (0:27:42.27)separate and independent Post Box for the Alcester Police Department.  Council approved the separate and independent Police Department Post Box and the costs involved with the establishment and ongoing rents for that Police Department Post Box.

Agenda Item #7 – Chairperson Updates If Needed

a)  Streets – (28:54.23)Nothing other than the proposed 2022 Street Purchases of skid steer brush and skid steer front deck mower $3000.00 scheduled to appear on next month’s agenda along with proposed X758 Mower, snow blower, ballast box and cab for $2225.

          Still no action taken to paint walk lines at the east side of the school and children crosswalk.  I advised the council of this lack months ago in public input and Mayor Haeder blew me off.  Mayor Haeder you were warned of this failure regarding the safety of children going to and from school.  Any incidents arising out of your and the council’s failure to act may be costly in life, limb and pocket books.  The term I refer to is the joint and several liability in a tortuous act or non-act.

b)  Cemetery – nothing

c)  Water – nothing

d)  Wastewater – nothing

e)  Library – Covid issue

f)  Golf Course – nothing

g)  Finance Office –

h)  Liquor Store – (0:34:28.57) Still no plumbing fix.  Pat is waiting to contact someone after the new year.  Theresa Deem had asked for a copy of the lease (34:49.33) but Pat (administrative) appears to be dragging her heels with the lease copy and fixing the plumbing in a timely manner.

Agenda Item #8 – Golf Expo $500 fee.  Folks this is an Expo which could be defined as a large public exhibition of art or trade goods.  Now since Alcester City is not an exhibitor of art it must be the exhibition of ***trade goods***the city is looking at peddling.  Now it is not just the booth fee of $500.00 with or without taxes that is in play.  It is the contents of the booth, the ***trade goods*** which involves the golf course and of course the great white albatross.  Speaking from experience of exhibiting our paddles, oars, boats and RV’s  in Reno, Chicago and the small venues of Sioux Falls and Sioux City over our 44 year business existence.  We had to rent or ship tables, chairs, fixtures, carpeting, product, banners, brochures and set-up our booth a day prior to the opening of the Expo.  We still had mileage, food and lodging to included with those costs. The city will have all those same costs above and beyond the $500.00   We set-up our booth the day before, we manned the booth ourselves with the occasional sales representative for the three days of the exhibition and we did the tear down and pack out at the end of the exhibition.  So folks the city is looking at all of these additional costs.  Now Councilman Larsen says (35:37.67), ” a table and two chairs are provide with the booth rent”.  So Councilman Larsen you gonna sit with an unadorned banquet table and two folding chairs and present the golf course and the great white albatross as a venue you want to hold a wedding, celebration, funeral or tournament?  So you did volunteer for one day, just who is going to ‘man’ the booth for the other day.  Who is going to set up and who is going to tear down and who is gonna jump up and down and holler pick me, pick me?  The Overtime twins, Fricksy and Fracksy?  At what pay rate is that now?  Break even, not hardly.

Agenda Item #9 – (0:41:01.07) $ 3.800.00

Cement Work Golf Course Maintenance Building

Councilman Larsen insists this concrete work MUST be done now.  Are ya kidding me.  Councilman Driesen raised the cold weather concrete pour as ill-advised.  Common, the maintenance building couldn’t braved its gravel flooring for two or three months more.  There is no heat in the building, so ya’ll gonna use hot water.  Really???  I do not have the background in masonry that Councilman Driesen has but my father working as a mason and worked laying block, brick and pouting concrete and I was conscripted into assisting on occasion.  I remember mixing cement, sand and water in a wheel barrow with a shovel and hoe, loading it into bucket and handing it down to my father standing in a hole where he was laying block.  It makes an impression, believe me.  Now the cure rate of cement is interesting.  Did ya’ll know concrete is never totally cured.  Cure defined by the ACI (American Concrete Institute)  curing–action take to maintain moisture and temperature conditions in a freshly place cementitious mixture to allow hydraulic cement hydration and (if applicable possolanic reactions to occur so that the potential properties of the mixture may develop,   (See ACI 308.)

The rate of moisture maintenance decides whether the concrete cracks, surface skins blisters and scales or flakes off.  Of course there is always the decision to add chemicals to the mix or on the surface or insert rebar in areas where heavy equipment will be driven, stored or worked on.  So the trade off (0:45:21.20) Councilman Larsen, risk $4500 for three months?  Remember it is your neighbors and friends who end up paying for a redo,  are three to four months worth the risk?  The council chose to ignore the concerns of Councilman Driesen. (00:45:11.13)

Agenda Item #10 – Alcester Community Center (The Great Alcester Albatross)

This Ol’ Pat she played three

She played Knick, Knack but oh no-not for free,

With a Knick, Knack FO Patty’s whacked

Give that Pig a home,

Ol’ FOCat is still on the Over-Time roam.

a) (00:50:41.27) Executive Session for SDCL 1-25-2(1) Personnel, wait for it folks, wait for it.  Remember back when the Police Chief had to all but beg for his on call time and the responses from FOPat and Wanda.  Well now we hear the rest of the story!!  Council went into Executive Session to discuss personnel at 7:00 p.m. and talked and talked with FOPat and Wanda in the session which ended at 8:22 p.m.  There was little open session discussion with an immediate jump to Agenda Item #10(c) which was left blank surprise, surprise. This time however instead of the usual lack of action there was a motion to approve (00:51:16.80) Overt-time payments to Finance Office Patricia Jurrens in the amount of $854.13 and to Finance Office employee Wanda Halverson in the amount of $170.67.  This overtime was not approved in advance and according what little discussion made public the council was upon Reporter Gordon Richard asked if this motion came out of the Executive Session and Mayor Pro Tem Larsen stated (00:51:56.07)they were advised by City Attorney Sam Nelson, they had to follow the policy manual.  Thus the need for the two forms I handed out to the counsel.  Keep records of bona fide as evidence of mayoral approval of OverTime. (00:52:09.10) 

OVERTIME 5.7

“…Except in emergency situations, all overtime MUST be authorized by the Mayor.  Overtime is to be authorized only if the work cannot be otherwise done during normal work hours…Overtime without prior authorization MUST be paid, but may result in disciplinary action.”

Okay folks, here it is.  So where did this OT happen?  I have my opinion, it sure as heck not in the city offices.  Here is the question which comes first doing one’s job in the city office during office hours on city business OR sticking their snouts into a venue outside the city offices and under the direction of a bona-fide manager/operator.  So folks just what is the definition of administrative duties as they relate to overtime.  Pat and Wanda both work in administrative positions and are exempted from overtime. 

EXEMPTIONS TO OVERTIME 5.9

“…The following employees may be exempt from the overtime standards:

1)  Appointive officers (if determined to be FLSA exempt)

2)  Police Departments with less than five (5) officers

3) Swimming pool personnel (if the pool is operated for less than 7 months in a calendar year)*

4)  Executive, Administrative, Professional, Computer and Outside Sales Employees.

* Folks the city in the recent past paid OT to pool employees and our pool is operated less than 7 months.

The council also hired more help for the Albatross, both at minimum wage.

Agenda Item #11 – Resolution 2021-20 Clean Water Systems Application for Financial Assistance

The council voted to apply for Financial Assistance.  Now it should be note here this is one of our enterprise fund and by which we should be making a profit to afford upgrades. 

Agenda Item #12 – Supplemental Appropriation Ordinance 2021-19 

FO Pat’s remedy for not effectively doing her job.  Now folks it is not totally unusual to have to move money around in extremely instances.  But it is becoming more and more the usual doing of business is to rob the enterprises funds and the second penny sales tax income to pay for Patty’s Pretty’s.  The council voted for the Supplemental Appropriation to keep Alcester from being in the red for the auditors. But it is only a matter of time before that happens and make sure we know who to thank for his lack of oversight and her lack of financial competency.

Agenda Item #13 – Finance Office Updates

a)  Pat mumbled something about the SPOT CHECK and scheduling times to inspect?

b)  Lawler bill for the Albatross Kitchen Single Door Cooler $2,875  golf fund-Council approved.

c)  Banner Engineering bill for design installment payment $40,592.30 – Council approved.

d)  Year end warrants  allows Mayor Haeder to sign checks and pay warrants – Council approve upon comment from Mayor Pro Tem Larsen some of those checks will be ours. (1:02:21.13)

Agenda Item #14 – Adjournment at 8:35 p.m.

Ol’ Pat she played four

She played Knick, Knack got OT, Cooler and the Expo exhibit floor.

With a knick, knack FO Patty’s whacked

Give that Pig a home

Ol’ FO Cat is still on the winky-fluff roam!

          There a couple of things from the past I would like to take this opportunity to address.  When I draw things to the attention of the council, I expect them to take note and take action.  For example the city was johnny-on-the-spot putting up signs on Lincoln drive on the east side of the school for crosswalk.  A safety issue!  However the city FAILED to paint the crosswalk after seal coating the area.  Even though signs are posted, there needs to be a marked pathway across the street for the students to recognize where they should walk across the street.  I warned the city and they did nothing.  I was given information that a child was almost hit as he crossed the street going to school.  To the city, I informed you and you failed the safety of students.  After the warning you continued in your failure to direct the street department to paint the crosswalk!  In your failure to act, you set yourselves up for a joint and several liability for any injuries or deaths which could arise out of your failure to mark safety zones. 

          I would like to reiterate chapter 5.7 Overtime which appears and was approve by the Alcester City Council in 2020.  I want to point out the last statement of that portion.

“OVERTIME WITHOUT PRIOR AUTHORIZATION MUST BE PAID, BUT MAY RESULT IN DISCIPLINARY ACTION.”

I hereby demand disciplinary, punitive action to be taken against the Finance Officer in light of  her ongoing filings for overtime.  Finance Officer has access and direct knowledge of the Alcester City Employee Personnel Manual 2020 and has violated it knowingly to her own benefit.   I hereby demand disciplinary, punitive action against Mayor Haeder for his failure to institute and use written, dated and signed applications for Overtime by eligible employees stating the emergent necessity of Overtime and his failure to institute and use written, dated and duly signed forms approving the Overtime and rate of Overtime pay to all eligible employees of the city of Alcester.  Again Mayor Haeder has access and direct knowledge of the Alcester City Employee Personnel Manual 2020 and has violated it knowingly.  

          Folks, read it for yourselves.  Ask your Ward Representative for a copy of the Alcester City Employee Personnel Manual 2020.  Better yet insist this document be placed on the website.  You have that right, you are paying the bill!

BEGS THE QUESTION, HOW MUCH OVERTIME DOES IT TAKE TO FIGURE FOPAT’S OVERTIME?

(Updated 12/22/2021)

                                                                                           Vickie A. Larsen

Contact City Council

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

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

09/20/2021 A Voice From the Gallery

Perseverance is not a long race; it is many short races one after another.

Walter Elliot

Mayor  Haeder called the September 20, 2021, city council meeting to order at 6:01 p.m. with the recitation of the Pledge of Allegiance.  Council members present in the council room were Councilwoman Linda Talbot,  Councilwoman Darla Reppe and City Attorney Sam Nelson with Councilman David Larsen and Councilwoman Cyndi Peeples taking part in the meeting via telephone/cell phone.   Absent were Councilman Brian Johnson and Councilman Curtis Keiser.

Agenda Item #3 – Mayor Haeder called for Agenda Approval which passed unanimously with four votes.  Please take note here the inherent problems with a telephonic council meeting.  Aside from the fact the Mayor cannot effectively determine the telephonic council persons are alone during executive sessions.

Agenda Item #4  – Council Resignations of Brian Johnson and Curtis Keiser due to cause.  Both men tendered their resignations via email letter stating why they were resigning from the council.  To paraphrase; lack of common business sense, lack of spending controls, pig-pet trolling, political symposium plugs coming out of the Alcester city office business, making time for meetings which turn into marathon exercises of “well back in Salem, we did this”…”well back in Emery, we did that” and other marathon memory meme’s.

          Councilman David Larsen made the motion to accept the resignations of Brian Johnson, Ward II and Curtis Hunter, Ward III and thanking both men for their service. (?) (04:23:20)   Councilwoman Darla Reppe  (04:35.10) seconded the motion as it was spoken and no correction to the name.  (05:13.23)  Mayor Haeder announcesunanimous approval vote to accept the resignations of Brian Johnson and Curtis Hunter.  NOT ONE WORD OF APPRECIATION TO THE TWO MEN from Mayor Haeder.  ‘Spose they will get a plaque? 

          (05:43.00) Councilwoman Cyndi Peeples asked the Mayor to repeat the names of the folks who made the motions and who seconded the motions.  She could not hear over the telephone.  Councilwoman Peeples made the point that telephonic participation in a city council meeting is minimal at best.  No see, no hear, and can lose connection in a heartbeat.

          The group went on to approve advertisement for two more city council members.

Agenda Item #5 – Public Input  (06:57:23)  Gordon Richard introduced himself as a reporter and  asked Mayor Haeder for a statement or statements regarding the cause for the two resignations so soon after appointment to the council.  Mayor Haeder told Mr. Richard that he really should ask the two former councilmen.  They had given their resignations via email.  (08:04.33)  Mr. Richard asked if the emails could be public information. The  Mayor turned to the actual lawyer and asked the question if the email would be public and city attorney Sam Nelson responded he felt it would be public accessible. (08:34.60)   With Mr. Richard’s question answered Mayor Haeder asked for more public input. 

          I responded (08:53.83)  covered several subjects included my FOIA for Water information, my FOIA for Credit card information.  I thanked the resigning councilmen for their service and I asked if Wanda was on the clock taking notes? (09:47:90)  Folks the Finance Officer is present, on-the-clock and taking council minutes is her duty.  In the past our city Attorney took notes on the minutes of the meeting.  So now it has been the habit to have Wanda Halvorson sitting presumably on-the-clock taking notes, the city Finance Officer is on-the-clock presumably take minutes and we have a City Attorney on-the-clock who could be taking notes on the minutes.  So we have a two employees from the finance office city in the council meeting at a wage of somewhere between the two of them is $50-$60/hour straight time, Overtime is $75-$90/hour and a city attorney who is booking out at $130 per hour.  So if one takes the September 7, 2021, meeting as an example, the fee for 4 hours worth of council meeting would cost the city $200-$240 straight time, $300-360 Overtime and legal time $520.00 for just one night.  Think about if folks, the city has now gone to two regular meetings per month for 24 meetings per year.  In addition, in the month of August, I believe there were at least 2 special meetings in addition to the two regular meetings.  Now figure that into your calculations.  Worth it, I do not think so.  I then made mention of some gifting, which has apparently taken place, of inappropriate gift which step over the line of sexual harassment.  I mention this because this had been reported to the council.  The council apparently took no action.  Now Folks presuming this event is accurate, the council was indeed informed and took no action the theory of ‘joint and severally’ kicks in.  Simply put if a criminal action takes place, it is reported to the superiors and the superiors take no action, the city can be sued and each individual council member can be personally named and redress can be exacted.  I find this behavior distasteful and criminal.  Nor do I think the later response made after I brought it up is inappropriate because it negates the duty to act and makes sport of the complaint. (17:32.30)  City Attorney Sam starts in on the Water Bill FOIA, he has his opinion and I have mine. (11:27:77)  Good Gravy Sam , I am not asking how many baths a week are drawn or who is sharing the bathtub! I had one more comment to Councilman David Larsen, I left copies of the Facebook accounts listed under the Alcester Golf Course and Alcester Golf Club mentioned in the previous meeting at his place on the council table. One additional comment to add which did not happen in the council meeting and is adverse to FO Pat’s comment regarding Rick Huber handled the Facebook pages, was the fact Mr. Rick Huber states he gave everything he had from the Golf Course to the city secretary when he left his position.

Agenda Item #6   Police Department

Full-time Police Officer candidate was presented.  Tracy Grayson Reid Cannon-Lass has applied for the position and agreed to the terms and conditions of employment.  The council voted to hire Grayson Lass as he prefers to be called.  Officer Lass will be paid $17 per hour until he is certified and then he will be paid $18 per hour.  Welcome to Alcester Officer Lass.

Agenda Item #7   Medical Cannabis

A)  Approval of the Licensing of Medical Cannabis – 2nd Read approved unanimously

B)  Approve of Zoning for Medical Cannabis – 2nd Read approved unanimously

Agenda Item #8   Legal Updates –  None

Agenda Item #9   Chairperson Updates-

          Golf Course patrons approached the city to form a Golf Course advisory Board.  This board would be limited to opinions only with no power.  The proposed make-up of this board would be; 2- male, 2-female, 1- council member and 2- members of the community.

          The library needs a handicap friendly door.  The $1200 total cost of this proposed modification would be shared 50/50 by the school and the city of Alcester.

Agenda Item #10   Office Building Door  Update is that City Glass effected a fix for the door so that it can be opened.  No confirmation of cost sharing between the city and the board.  Two entities have been contacted for quotes, quotes shared during the meeting were ADG (Automatic Door Group) proposed a bid of $8990 while City Glass proposed a bid of $9885.  Since there are still some issues yet to be addressed on this project and the ultimate proposed cost share, the council elected to wait to make a decision.

Agenda Item #11  Finance Office Updates

A)  Budget second reading approval was unanimous.

B)  Work Comp Volunteer Roster added coverage for select groups beyond Fire and Ambulance was approved

C)  Test Results  for THHM and HAA were within acceptable limits.

D)  TextMy Gov was presented by Finance Officer Jurrens.  In spite of FO Jurrens apparent approval the council to its credit decided we already have a Website along with several other avenues of communication with the residents of Alcester, we do not need a $3K per year program with a $1200 fee in addition to the $3K for the first year sign up.  Council stated NOT INTERESTED–TOO SPENDY.

E)  Reminders.

Agenda Item #12  Alcester Community Center

A)  Bond Closure  –  AMKO with Premier Bank taking on the 20 year commitment at 2.5% interest.

B)  Center Rental Agreement  –  Council approved unanimously.

C)  Cart Rental Storage Agreement    –  Council approved unanimously

Agenda Item #13  –  Executive Session  – SDCL -25-2.1 Personnel

Evidently the council did not want to take up my proposal to speak to my concerns about personnel.  GO Figure!  Evidently the council is not concerned about an on-going problem.  Council went into Executive Session at 7:33 P.M. with Councilwoman Reppe, Councilwoman Talbot, City Attorney Sam Nelson and Mayor Haeder in the session.  At 8:04 P.M. Finance Officer Jurrens was called into answer questions.  The Executive Session remained in session with the additional of Finance Officer Jurrens remaining in the session until 8:48 P.M.  NO ACTION WAS TAKEN ON THE SESSION RESULTS.

Agenda Item #14  City Employees

 A)  Hire James Anderson for the duties of part-time Utility person for Landfill, cemetery, mowing and snow removal.  Unanimously approval to hire at $15.00 per hour.

B)  Hire Mitch Merrick for the duties of part-time snow removal and mowing at unanimously approved hire at $15.00 per hour.

Agenda Item #15  Adjourn

Council unanimously approve adjournment at 8:51 P.M.

Contact City Council

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

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Brian Johnson – Resigned

Councilman Curtis Keiser – Resigned 

Patricia Jurrens                                  605-934-2517

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

12/07/2020 A Voice From the Gallery

The December 7, 2020,  Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Haeder with Councilman David Larsen, Councilman Marcus Ireland, and Councilwoman Linda Talbott in person, Councilwoman Melissa Kay (et al.) via telephone (no reason given why Councilwoman could not attend in person) and City Attorney Sam Nelson, absent Councilwoman Darla Reppe.  Questionable quorum.

The Pledge of Allegiance was recited after which the mayor called for agenda approval.  Councilman Larsen moved with Councilwoman Kay telephonically seconding the motion to approve the agenda as written (0:02:38.7), discussion by Councilman Marcus regarding Executive Session to discuss an employee and, “will the Executive Session cover that?” (0:02:56.00) Mayor Haeder answer,  “U-h-m, y-e-e-s” (0:03:14:33)  For those of you interested in statement analysis, take special note of the U-h-m and the marked hesitation in Mayor Haeder’s answer.  Agenda was unanimously approved by 3 in person ayes and 1 telephonic aye.

Approval of the minutes of the November 2nd and November 16th council meetings as reported by the Finance Office. Unanimously approved without discussion.

Agenda Item #5 – Public Input – I responded with regard to the vote to place, at the taxpayer’s cost signs of slow children. 

Since there was still time before the 6:15 p.m. P&Z Commission meeting (the Alcester city council is also the Planning and Zoning Committee) and before the schedule Audit Review Presentation by Dwight Berglin the group moved down the agenda to Agenda Item #8 – Street Updates – signs have been put into place.  A request from the Street Department since the utility truck has been repaired ($1K cost) to a drive-able condition, the apportioned money ($15K) set aside in the budget for purchase of another truck be applied to the purchase of a crew cab truck capable of pulling a trailer.  So instead applying that money to actual street repair or rebuild, Mayor Haeder asks, “When does Lonnie want an answer?”  TBD?

6:16 p.m. has arrived with Agenda Item #6 – Planning & Zoning Committee meeting.  Now folks proper procedure for the city council/planning and zoning committee to go back and forth is to have the mayor announce the Planning & Zoning Committee is now in session at 6:15 p.m. so that all parties attending KNOW it is the Planning & Zoning Committee and not the Alcester City Council .  Patrick Andrews from SECOG (South Eastern Council of Governments was present to explain procedures and document for the change in zoning issues relating to the old school property. 

          So folks the city council acting as the Planning & Zoning Committee will absorb the information of zoning, rezoning, public input, and etc. of the old school property and make the decision to recommend the rezoning to itself as the Alcester City Council give the okie-dorkie to enact Ordinance 2020-18 which allows the zoning nomenclature Planned Development District replace the former classification as Residential District and to amend the Official Zoning Map of the City of Alcester.  The Alcester Planning & Zoning Committee moves to recommend the nomenclature and map changes to the Alcester City Council and with a unanimous yes vote and no discussion the Alcester Planning &Zoning Committee recommends the zoning change.

          Now it is here where the Alcester Planning & Zoning Committee should adjourn, state the time of adjournment for the P&Z Committee and re-open as the Alcester City Council so everyone present KNOWS it is now the Alcester City Council up-at-bat.  Nope that boat left the pier, Mayor Haeder and City Attorney Sam missed the boat and were left standing on the pier along with most of the gallery. (0:21:50:47)

Agenda Item #7 – 2019 Audit Report – Presented by Dwight Berglin via telephone.  It is difficult to hear because of the telephonic audio level.  The gist of the report seemed to be violations on the city and finance office parts.  Internal controls still are absent, there was at one point a negative balance arising out of not spending within the budget.  Mr. Berglin made reference to a 2012 case in Dickson, Illinois where Finance Officer Rita Crundwell stole $30M dollars of city moneys over a 6 year period.  Mr. Berglin’s concerns involved lack of clarification of duties, lack of routine internal audits, negative balances, bank record reconciliation, over-spending the second penny sales tax moneys (the 2nd penny sales tax was originally limited to a specific type of purchases ie. capital assets such as property, plant and equipment)   Councilwoman Melissa Kay moved to approve the audit, with the second coming from Councilman David Larsen, unanimous approval with no discussion.

Agenda Item #9 – Wastewater- Finance Officer Patricia Jurrens gave the report noting one grant application was denied, toxicology on our water was clean and the situation with pumps is indeterminate.

Agenda Item #10 – Police Department – Alcester Finance Officer Patricia Jurrens reported in the stead of Chief Christie who was absent.  Most of the subject matter was equipment and the availability of CARES money to help with the expense.

Agenda Item #11– Pleasant Hill Cemetery/Landfill report- Parker Dooley not present so once again Finance Officer Patricia Jurrens made the report.

Agenda Item #12 – Golf Course/Library – Councilman David Larsen gave a report on the Golf Course and the Library.  The gist of the Library portion report was related to the employment of a new librarian.  Not so much as the hiring but of the benefits to a part-time employee as it relates to South Dakota Retirement program.  I want to be very clear the candidate and subsequent new hire for librarian has involvement in the discussion only by being the subject.

          “If you are a permanent, full-time employee of an SDRS participating employer, you are required to participate and make contributions to the South Dakota Retirement System. Permanent, full-time employees are those working at least 20 hours per week and six months per year.” South Dakota Retirement Law, Chapter 3-12C. The Alcester City Council appears to be manipulating benefits and the twenty (20) hour per week issue.  (1:10:52.00) start of the discussion and fudge-factor.  Listen to the exchange as our city council talks around the rules.  (1:12:38.90) Councilwoman Melissa Kay asks, “do we want to designate 20 hours…so she can take…”  Mayor Haeder says, “…Can we get away with…”(1:13:47.20) 

Agenda Item #15 – Rezoning Public Hearing – 7:16 p.m. This is where the Alcester City Council hears from public on the rezoning proposal and votes upon Ordinance 2020-18.  Mayor fails to call for public input, Councilwoman Melissa Kay asks if there is anyone with public comment on the rezoning Ordinance.  No public input.  Council moves onto motions for approve of this Ordinance.  Ordinance is approved.

Agenda Item #13 – Credit Card charge limits – Council to authorize $1000.00 limits for Finance Officer Jurrens, Police Chief, Water Dept. Head and Street Dept. Head with $500.00 limits for Ass’t Finance Officer, Police Officer and Librarian.  Approved unanimously and without discussion.

Agenda Item #14 – Legal Updates – Punitive and Adverse Action going forward on the 204 Ofstad Property and the 307 Iowa Property.  No need for Executive Session.

Agenda Item #16 – Supplemental Appropriations Ordinance  Motions to approve year end fund transfers, what I call robbing Peter to pay Paul.  Approved unanimously.

Agenda Item #17 – Garbage License – Only one bidder, Loren Fischer contract for 2021 through 2023, and again unanimous vote.  The question was raised, “is the garbage can rental included in the cost?”  FO Pat says, “I don’t know”  Why not you were responsible for setting out the terms and conditions of the garbage bid?”  So FO Pat picked up her phone and did the digits. As we all sat waiting patiently for the meeting to continue FO Pat place a call to Loren Fischer, One ringy-dingy, two ringy dingy (1:44:47.03).  FO Pat announces she will try to message Loren Fischer, and once again a delay in the meeting.  Eventually Mr. Fischer texts back that no the garbage cans are not included.

Now folks there is a lot of to-ing and fro-ing here between Agenda Item #17 and Agenda Item #18.  The captions in the video will help to put time frames on the to-ing and fro-ing.

Agenda Item #18 – Finance Officer Report – Spot check accounts, Updates, Resolution for proposed fees for 2021, CARES related spending, City WEBSITE is still not up-something about hosting and domain name.  These should not create any significant delay, so why?

          Approval of warrants- Since Councilwoman Reppe was absent, and Councilwoman Kay was not present their share of warrant inspection and approval did not happen.  So the task fell to those who were present.  As the three council members present struggled to catch up so they approve the warrants, the meeting was delayed.  H-m-m where have I heard, “delay of council meeting”  Oh yeah something from Council woman Kay.  One has to wonder, just how carefully those sums were added up and confirmed under the gun of time frame.  H-m-m!

          Finally the call for approve of current warrants, Councilwoman Melissa Kay abstained on the vote because she was not present and had not seen the warrants.  So we are left with a non-quorum of three to vote.  Ah I see a problem here, but when Councilman David Larsen asked Alcester City Attorney Sam Nelson if we could get into trouble with the “vote” (1:58:07.73), Mr. Nelson’s response was, ” …probably not…”(1:58:11.13) So Mr. Legal Guy, does the city get a major fee discount on the Probably not Opinion as opposed to those yes or no opinions?

          Going on to the next vote on warrants.  This is the vote for year-end warrants and the question is posed by Mayor Haeder to Councilwoman Melissa Kay (you know the one who abstained ’cause she had not seen the warrants for the present meeting?) will she be able to vote on the warrants only the mayor will see and sign? (1:59:02.90) and NOW you answer yes.  What changed?  Can you see and confirm future warrants?  So now we have three in person votes of aye and one of site vote of aye.  Amazing!

Agenda Item #19 – Executive Session- for personnel  remember (0:03:14:33) the response?  Yeah folks I do not buy into the premise that a city employee was to be discussed.  The Executive Session at 7:58 p.m. and I exited out into the hallway.  As I stood waiting in the silence of the hallway while bookkeeper Patricia Jurrens remained in the room allegedly discussing an employee with which Mayor Haeder allegedly had spoken.  I noted the city camera was still standing in the room un-shuttered, I noted several city councilmember phones and at least one to two laptop computers still sitting in the room.  In addition there is NO proof that Councilwoman Melissa Kay is alone during this executive session and any of her electronic devices are shuttered. 

          As I waited I noted bookkeeper Jurrens who had been unmasked for the entirety of the meeting, violated social distancing as she went to her desk to retrieve documents, to seat herself at the council table and to stand over the top of City Attorney Nelson and Mayor Haeder in front of the phone with which the council was communicating with Councilwoman Kay. 

          At 8:37 p.m. the council was declared out of Executive session.  I moved back to my seat in the council room.  As I moved toward my seat, a discussion of COVID Guidelines was being discussed.  Folks COVID Guidelines was not on the agenda and when I asked if the conversation was a continuation of the Executive session I was told NO, this was not related. I responded since this was not properly on the agenda they could not be discussing this.  Their response?  Councilwoman Linda Talbott said we are just discussing not voting with other council members chiming in the same mantra.  (2:07:47.03)  What happened to proper rules?  You are wrong, if it is not on the approved agenda, Ya’ll cannot talk about it.  Certainly not for some ten minutes or so.

          At 8:47 p.m. a call for adjournment and approved by vote.

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