In the absence of Mayor Dan Haeder, President of the Council David Larsen opened the August 17, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members Marcus Ireland, Darla Reppe, Linda Talbott, Melissa Kay, Vickie Larsen and City Attorney Sam Nelson present.
The group recited the Pledge of Allegiance.
Agenda Item #3 Agenda approval was given with no changes and recorded with a unanimous six (6) aye vote.
Agenda Item #4 Public Input – Since there was no public, the city councilors mentioned items not included in the agenda: Councilman David Larsen announced a vacancy on the Library Board due to a resignation. Comments were received concerning vandalism in the Park and the lights in the park. Announcement was made the Alcester Auditorium has officially been sold and the keys turned over on August 17, 2020.
Agenda Item #5 Water and Wastewater – no updates- City Attorney Sam Nelson advised the council of past practices of setting rates by ordinance rather than by resolution and suggested a resolution to allow the setting of rates by ordinance. South Dakota Municipal League describes the difference between ordinance and resolution as,
“Municipalities may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto (§9-19-3).
The word “ordinance” means a permanent legislative act within the limits of its powers of the governing body of a municipality (§9-19-1).
A resolution, on the other hand, means any determination, decision, or direction of the governing body of a municipality of a temporary or special character for the purpose of initiating, effecting, or carrying out its administrative duties and functions (§9-19-1)…The substance of the ordinance follows (§9-19-6).
Ordinances can only have one subject, which must be expressed in its title (§9-19-5). ..All ordinances shall be read twice by title with at least five days between each reading. If passed, the ordinances shall be signed by the mayor or acting mayor or president of the board of trustees, and filed with the finance officer. With few exceptions, ordinances, after being signed and filed, must be published at least once in the official newspaper (§9-19-7). The vote on the second reading of all ordinances must be recorded and published (§9-19-9).
Resolutions differ from ordinances in that any resolution may be passed after only one reading. The resolution must be published at length either separately or in the minutes of the meeting. The votes for and against the resolution must also be published (§9-19-8).
Unless an ordinance or resolution is drawn to take effect immediately upon passage, all ordinances and resolutions become effective on the twentieth day after passage and publication, unless suspended by operation of a referendum (§9-19-13).
Agenda Item #6 & #7 combined discussion as suggested by City Attorney Sam Nelson. Since Item #7 involved contractual matters the council went into Executive Session for the purposes of SDCL 1-25-2.3. The council moved into Executive Session at 6:13 p.m. and came out of Executive Session at 6:30 p.m. Once out of Executive Session the group moved on to open session of Agenda Item #6. A call for motion was made to allow contract negotiations to authorize the Mayor to sign the contract for the community building depending upon agreement of terms and conditions by both parties. Vote was taken with 4 ayes and 2 nays. Motion carried.
Agenda Item #8 – Updates Finance Office School sign contributions from the city to aid city advertising. This discussion had been postponed due to a question regarding public moneys spent as contributions. City Attorney Sam Nelson stated there was no problem regarding the contribution issues. Discussion took place regarding the advertising issue on the sign such as city events, closures and etc. with a motion to contribute $1,000.00 this year coming from Councilman Ireland. Vote was taken with five (5) ayes and one (1) nay. Motion carried. I was the nay vote. My problem is all the advertising points for fee based announcements to appear on the school sign would be on the city website and as easily accessed. Which begs the question, where is the city website and why is it not up? Yet?
Agenda Item #9 – City Assets – I asked for this agenda item to discuss the sale of properties held by the city to put those properties back on the tax rolls. The city has properties in its name which collects no property taxes, sales tax income or property improvement based income for the city. These properties would be appraised and not to be auctioned but placed with realtors for sale for residential use or main street business use.
Agenda Item #10 – Update for Volunteer Roster For Worker Compensation. Approved.
Agenda Item #11 – Executive Session 1-25-2.1 Personnel to discuss the qualifications, competence, performance, character or fitness of any public officer, employee or prospective public officer or employee.This was an agenda item I requested. The council went into Executive Session at 6:55 p.m. with only council members: David Larsen, Melissa Kay, Linda Talbot, Darla Reppe, Marcus Ireland and myself in the session. At 7:19 p.m. President of the Council David Larsen declared the council out of Executive Session. At this time the group delayed action on the question.
Agenda Item #12 – Adjourn – The council adjourned at 7:21 p.m.
Mayor Dan Haeder opened the August 3, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members David Larsen, Darla Reppe, Linda Talbott, Vickie Larsen and City Attorney Sam Nelson present in the new city council room on 500 Dakota Street with council members Marcus Ireland and Melissa Kay remotely present via telephone.
The group recited the Pledge of Allegiance.
Mayor Haeder called for approval of the agenda. Agenda was approved as written without change
Agenda Item #4–approval of the minutes for July 6th and July 20, 2020, were approved as presented via roll call vote. Roll call vote was used due to the fact two of the council were taking part via telephone.
Agenda Item #5-Mayor Haeder presented the council with the revised 2020-2021 Council committee assignments.
Agenda Item #6-was called with no public input.
Agenda Item #7-Street Updates- Lonnie Johnson was not present.
Agenda Item #8-Pool Update-some where the water was left on so there was water over run of the pool.
Agenda Item #9-Water/wastewater Updates- There was a waterline break due to movement of a mobile home move. Water availability was shut off/ interrupted to several mobiles homes and adjacent homes. Water was restored to patrons by Monday.
Discussion on the upgrade of the wastewater plant and the need for a rate increase to facilitate the grant needed for the upgrade. Public hearing to take place September 8, 2020, in council room at 500 Dakota Street at 6:15 p.m.
Agenda Item #10-Police Department update. Chief Christie explained to the council the method by which case numbers are assigned to any one particular call. When the Alcester PD is called out, a number is assigned to that call. If additional action is taken those may be assigned a number which would artificially inflate the number of calls. So one call could contain more than one case number assignment, if I understood the process correctly. For instance a public disturbance call could involve a domestic case, a public intox case, an assault case, a drug case and so forth.
PD to move into their new building on Wednesday.
Agenda Item #11-Pleasant Hill Cemetery-No report other there was an issue with the mower.
Agenda Item #12– Golf Course
Pump issue, silt in the pond issue around the intake pipe
Library-Computer scanner UVC disinfectant device.
Agenda Item #13– Personnel Manual-Discussion-I listed items contained within the document that I felt needed to be addressed and adjusted for. As you will hear Sam opine no underlying concerns. Since the document will be a resolution it can be amended.
Agenda Item #14– Legal Updates- None
Agenda Item #15-Executive session – None
Agenda Item #16 – Planning and Zoning Amendment Second Reading, needed for Ordinance 2020-08 to be in effect and facilitate movement of offices.
Agenda Item #17– Finance Office- Approval of warrants, records destruction to separate archival preservation from just out-of-date records. School Sign-contribution from city-delay to make sure such a donation of tax dollars is allowed. Community Building closing date, Budget Committee meeting set for August 12, 2020, 1:00 p.m.
Agenda Item #18 HRC Update-Covenants and an interest in another lot sale.
Agenda Item #19– Fairboard
Agenda Item #20– Community Building Update- Notice that City Hall and the Fitness facility will move to 500 Dakota Street rather than be in the Community Building upon approval of the Development Board and Council.
Agenda Item #21-EMS Mr. Nohava met with the EMS group.
Mayor pro-tem David Larsen called the meeting to order at 6:00 p.m. with the following council members present: Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilman/Mayor pro-tem David Larsen, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson.
Agenda Item #2 – Pledge of Allegiance
Agenda Item #3– Approve agenda
Agenda Item #4 – Approve Minutes of May 4, 2020, and May 18, 2020.
Agenda Item #5 – Vacancy
Executive Session was called to interview candidates for mayor and for Ward II Council seat at 6:02 p.m.
Council came out of executive session at 6:35 p.m. At 6:36 p.m. Ward III Councilman Dan Haeder resigned as Ward III council representative. It is uncertain why Councilman Haeder chose to resign because he could hold his seat as Ward III Councilman and perform duties as appointed mayor pro tem without resignation. Upon acceptance of what appeared to be his written resignation, the council appointed Mr. Haeder as Mayor until April 2021. Ward III was declared vacant and posting should appear in the official newspaper to fill the vacancy.
Next up was the appointment of Marcus Ireland as Ward II representative.
Both Haeder and Ireland were administered the Oath of Office by Finance Officer Patricia Jurrens. After five minutes of meeting and in which two (2) agenda items were dealt with, Mayor Pro Tem David Larsen realized Mayor Dan Haeder had not taken over the meeting and unfortunately our Parliamentarian Attorney Sam missed the failure to transfer of power. Mayor Haeder took over directing the meeting and re-did agenda items 6 and 7. A note here it came to my attention that FO Jurrens had not verified eligibility of Mr. Ireland prior to her administration of the Oath of Office to him. I asked FO Jurrens this morning (June 2, 2020) if Mr. Ireland was in fact eligible, registered voter in the city and her answer to me. “I do not know, I will contact Callie or Marcus”. This troubles me because the quasi-election official failed to verify eligibility before she administered the Oath of Office. After my conversation with Finance Office Jurrens, I verified with Union County that Mr. Ireland was indeed a registered voter and eligible to hold city council member seat.
Agenda Item #6 – Council office. Councilman David Larsen retains his position as President of the Council and Councilwoman Linda Talbott was elected as Vice-President of the Council second in line for mayor should something prevent Mayor Haeder from executing his duties as Mayor before April of 2020.
Agenda Item #7 – Signatures Council voted to place the following individuals as signatories for the bank accounts and access to safe deposit boxes in the name of Alcester City. Signers are listed as Mayor Dan Haeder, Council President David Larsen, Finance Officer Patricia Jurrens and Finance officer employee Wanda Halverson.
Agenda Item #8– AMKO-Mark DeRaney Bond Issue
Mr. DeRaney has been working on the refinance of the water bond. A Resolution (2020-07)was needed to set this refinance in motion. In light of the recent changes in the economy it was determined that banks were no long as willing to finance bonds so Mr. DeRaney was working with underwriter D.A. Davidson, out of Des Moines, Iowa, and with Zions Bank Trust Corporation as payee which was required for the change-over process. The resolution needed to be amended to reflect the changes.
In addition to the publication of Resolution 2020-07, a special meeting was needed to complete the transaction. Special meeting was set up for June 19. 2020, at 1:00 p.m. in the Auditorium.
Agenda Item # 9 – ROCS transport -represented by Peter Smith. This agenda item was pushed back in the agenda line up due to the Planning and Zoning Hearing.
Agenda Item #12 – 7:00 p.m. -Planning and Zoning Hearing-(out of order) . It was determined an amendment was needed in Ordinance (2020-08) to create a planned development district which can write its own rules but cannot be an area smaller than a city block. (Chapter 5)
Agenda Item #9- ROCS Transport continued. This is a transport service to provide rides to appoints and etc in town and out of town. It was mentioned the Care Center was no longer transporting residents to appointments.
Agenda Item #10 – Emergency Siren testing and repairs- Discussion and information was shared concerning our emergency siren system by Axel Ericson and Pat Kast. Discussion covered a weekly routine test at a specific time and day to keep batteries operational and find any problems before any emergency.
Agenda Item #11 – Input-
I shared input which dealt with inaccuracies in meeting minutes. Specifically the Finance Officer editorializing the minutes and not facts of the meeting. Specifically the reference to the issue/input regarding contract variance. She opined the conversation between Attorney Sam and myself did not have anything to do with Alcester. The contract variance dealt specifically with a seated councilman and the finance officer of Alcester which definitely deals with Alcester. I also advised the council that Hawarden pool is closed and Beresford pool will not be open until June 15, 2020, and then only to residents of Beresford and the Beresford School District. I also mentioned an issue with the cemetery and an employee of the city with regarding to a squirrel jumping from a Pine tree on the cemetery property and causing a power outage down Lincoln Drive. The employee was mowing with headphones on, failed to hear the explosion, failed to quit mowing when the Mid-American Tech was on scene discussing the situation with me even when he saw us standing next to the Utility Truck with a Boom.
A gentlemen who had just moved into town was questioning the zoning and asked how to get and who to get a building permit from. He also asked where he might find the building codes. It would have been nice to be able to tell him he could find all that information on our website, BUT we do not have a website—WHY?
Oh and lest we forget Mike Burkes, purchase Lots 5 and 6 in on Beck Drive (just behind to the north of Randy Heuer)in the Numsen Addition and their proposed S***House. This is a residential neighborhood and not business, storage or commercial. This edifice S***House was according to Mr. Burke too big for just one lot. Mr. Heuer those covenants which protected the value of your property are deemed null, care to argue that premise with those of us complaining the covenants are not void. You have more to lose than me.
Agenda Item #15 – Pool Updates- Yeah, there was a discussion concerning the interview of pool personnel. It came to light the pool committee was not notified of the interviews and were kept out of the interview by Finance Officer Patricia Jurrens. Once again she was interview employees without a bona-fide councilmember present. WOW talk about major over reach. FO Jurrens you are still not a councilmember, you are still not a city administrator, your are still just the city bookkeeper!
Agenda Item #16– Chief of Police- Discussion of hours, and over -time.
Agenda Item # 19-
Ordinance 2020-05 Clovid 19 derivative, amended by repeal of all but the mayor’s call to close down. Passed
Ordinance 2020-06 Two meetings per month-Passed 3 Ayes, 2 nays. Comment was made by Mayor Haeder about the length of meetings being the reason for the change to two regular meetings per month. I submit Mayor Haeder you set the agenda and you are in charge of what business comes before the council and how much time is spend on that business not Finance Officer Patricia Jurrens. Sir you control the length of the meeting, so in fact you do not need two regular meetings a month.
Agenda Item #20– Personnel Manual rewrite-Still in process. Department Heads, versus Committee versus Supervisors exercise in semantics. Additional discussion of Overtime for police Department which is exempt from Overtime versus Administrative Exempt from Overtime. Sam indicates that FLSA (Fair Labor Standards Act is not applicable to Alcester. We better make it applicable or we will not be able to maintain a decent police department.
Agenda Item #21- Finance Office- Warrants dealt with. Notice the Finance Office was undergoing an Analytical Review. Rent for city offices at the old school will be in exchange for law care paid by city.
“THE SECRET OF FREEDOM LIES IN EDUCATING PEOPLE WHEREAS THE SECRET OF TYRANNY IS IN KEEPING THEM IGNORANT”.
Maximillien Robespierre
President of the Alcester City Council (mayor pro tem) David Larsen called the Special Meeting of the Alcester City Council to order at 6:00 p.m. with the following council members present; Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman David Larsen, Councilwoman Darla Reppe, Councilman Dan Haeder and Alcester City Attorney Sam Nelson seated at the council table.
The Pledge of Allegiance was recited by the council and gallery.
Upon the completion of the pledge recitation and immediately prior to the call for approval of the agenda, I called ‘point of order’. I chose this method because Finance Officer Patricia Jurrens placed Input as Agenda Item #8 well behind any opportunity to point out errors in her agenda. I addressed the error of announcing in Agenda Item #4 Mayor and Ward II vacancy under subsection (a) was a motion to approve the appointment of Dan Haeder as mayor and I pointed out that this move had the effect of shutting out the voters of Alcester as well as the council who were unaware of proper procedure and were being ask to take Finance Officer Patricia Jurrens legal opinion on this. South Dakota Statute SDCL 9-9-8. Absence of sickness of mayor-Acting President-Acting mayor and SDCL 9-13-14.1, 9-13-14.2 and 9-12-14.3 deals with this issue as well as the 2014 Supplement 2.575 Vacancies in the SDML publication. In addition to the error of Agenda Item #4, Agenda Item #5 dealt with announcing the vacancy of Ward II and Ward III. At this point I asked Councilwoman Darla Reppe if she was vacating her seat on the council, she answered, “no she was not” which left Councilman Dan Haeder’s newly (shoot the shine was barely off the Ward III seat) appointed seat up for grabs. But according to statute, if the council appoints a sitting ‘brother’ councilman as mayor–he takes on all the duties of mayor pro tem until the next election and retains his vote as Ward III representative unless it creates a conflict and he must abstain. Kind of a complicated thing to grasp.
A spirited conversation ensued as you can witness in the video. Upon the conclusion of the discussion the motion was made to approve the agenda with agenda items #4 and #5 deleted from the agenda with 4 ayes and 1 nay. Agenda Items #4 and #5 were deleted.
Agenda Item #6– Signatures was called to allow Councilman David Larsen and Councilman Dan Haeder to power of signature with the bank.
Agenda Item #7-Credit Card Charge Limit to be raised and one additional card holder to be added for a grand total of $5,500.00. Now folks it seems $5,500.00 is out-of-line for emergency purchases. In fact I have been advised that $5,500.00 is excessive for emergency purposes for a city credit card. I agree. If you ever get an opportunity (IF) to view warrants of finance office purchases, instead of going down Alice’s rabbit hole you will enter the cluttered closet of our recycler of discarded households.
Agenda Item #8-Public Input- Now folks in the interests of open meetings and the public right of input on any business before the council the agenda item of public input is usually at numeral placement of item 3 or 4 to keep the meeting open to the public and not force them to stay in meeting ’til 9:00 p.m. and then the input is rushed ’cause the council is ‘tired’ and want to go home.
I did ask who all had access to city credit cards at varying amounts–Answer to name a few- Finance Officer Pat, Ass’t Finance Officer Wanda, Dale, Lonnie, Chief Christie, with the most recent addition of the librarian.
Agenda Item #9 – Swimming pool- The discussion should we or shouldn’t we open the pool and how do we handle it. Do we have enough personnel and so forth? Who is going to do the cleaning and how often. Dudes have ya ever seen the wipe down frequency of a doctor’s office? I can assure you the nurse does not hand you a wet wipe and tell you to wipe the exam table down, much less have a lifeguard tell a ten year old that once he/she has wiped their derriere to pull out a wet wipe ‘n’ wipe the toilet seat down A-N-D then wash their hands?
From the sounds of the discussion the pool may or may not be open. One caution, if one placards a known danger and yet opens the danger to the public, who gets sued jointly and severally? Sioux Falls has closed their pools, hint, hint, hint!
Agenda Item #10 Golf Course Clubhouse Manager- Wait did we not just hire a clubhouse manager? Yup and now we are at it again. Oh but wait to you hear. We had a committee of three council members who over-see and keep track of the arm of the city which involves the golf course. Now the agenda item is described as motion to hire Michael Croy. First question was from Councilwoman Talbott and to the effect what happened to the most recent club house hire? Answer, that person is no longer there. Really? Okay but the problem is that Councilwoman Talbott was one of the committee. H-m-m Then comes the question, when is the interview, Answer? Yup you guessed it. The interview already had happened WITHOUT Councilwoman Talbott. Next question from Councilwoman Talbott, why didn’t you let me know? No answer. W-O-W Last question who did the interview? Are ya ready?—–-why Councilman David Larsen and Finance Officer Patricia Jurrens! Really the town bookkeeper? Alcester Bookkeeper Jurrens has no authority and it appears she FAILED to notify at least one council member who did have the authority. Talk about getting run off the road and then bookkeeper Patricia drove her bus over the real councilwoman. Are we really going to put up with her over reach?
As I understand it, after the May 4, 2020, city council meeting Mayor Tom Glas resigned as mayor. By the way it is not official until the council VOTES to accept his resignation!
This left the newly elected president councilmember David Larsen of the council as mayor pro tem to perform the duties of mayor until a new mayor may be appointed or elected.
Folks the city has the option of appointing a mayor or having a special election. I urge the residents of Alcester to insist upon a special election to fill the positions of Ward II council position and Mayoral position with an emphasis let the people decide.
I CALL FOR A SPECIAL ELECTION!
NO APPOINTMENT!
A SPECIAL ELECTION!
Unfortunately the council has not distinguished itself when considering variances, appointments and spending money. It has been argued that special election costs have not been included in the city budget-that the city cannot afford an election. THE CITY CANNOT AFFORD NOT TO HAVE AN ELECTION. If Finance Officer Jurrens can scrape up money for a police building caused by Mayor Tom Glas and the council not having the foresight of no place for the Police Department before selling the PD Office out from under our police force and other non-budget items, I am confident money can be found for an election.
LET’S SEE PAST PERFORMANCE:
Councilwoman Patricia Jurrens/Finance Officer “wanted” Beck Drive, she found non-budget money for that.
Finance Officer Patricia “wanted” over-time for her appointive position as Finance Officer, she found non-budget money for that. Of course not the secret desk drawer, dollar diary, non-compliant, non-approved overtime $28K +/- for which she was hoping but $4880. +/-. The mayor/city council had to approve on paper any over-time or comp time, didn’t happen. I asked for FOIA and was told these approvals did not exist. Mayor Glas FAILED his duty, and the council voted (against city ordinance) to approve a non-approval of over-time rated payment demanded by Alcester City Finance Officer Patricia Jurrens while she actively worked against over-time/comp time request of police chief Chris Doty using the argument he was not eligible for over-time or comp time.
Mayor Glas allowed Finance Officer Patricia Jurrens to attend non-Finance Office functions on city time at tax payer expense. Glas allowed Finance Officer Patricia Jurrens to campaign during finance office hours at the Commercial Club/Chamber of Commerce meeting, Community Building meetings, hold birthday parties at the local club house of which it is my understanding she was not a paying member of the golf club, allowed Finance Officer Patricia Jurrens to circulate through Anderson Drive residents with the City Council Member Lance Johnson to obtain a Contract for Variance and attend a meeting (video admission) with Michael McGill to get an opinion on covenants in the Anderson Drive section of Numsen Addition at the suggestion of Mr. Tom Frieberg who had a conflict of interest.
Said Contract for Variance (contract for variance is illegal) had an objection by Vickie Larsen and which a named partner, Larry Nelson had argued against a variance in Hamerly v. city of Lennox which the Hamerly’s objected to the construction of a garage (non-conforming) building to be built in a residential neighborhood.
Then there are the election violations perpetrated by Finance Officer Patricia Jurrens and she was not furloughed/terminated by Glas or the Council.
Finance Officer Patricia Jurrens found money for FDR (Full Depth Reclamation) which was a predictable (according to a road construction business owner) miserable flop and cost the residents street repair money through street maintenance tax.
These are just a few instances where the Finance Officer over-reached her position and violated city law.
There are people who have witnessed the illegal antics of Patricia Jurrens, please come forward complain. Let me know (vickielarsen98@gmail.com). I have taken a public stand, I will continue to take a public stand but I need support since I have been repeatedly denied placement on the council.
There is a meeting Monday, May 18, 2020, at 6:00 p.m. in the city auditorium. Come see and hear for yourselves. Let your voices be heard.
The city is waffling on closing the pool due to the pandemic. It is your children, your parents and grandparents who are at risk. It is our life-guards and city employees who are at risk because some of the council think we need to keep the pool open. That we need to keep the kiddies occupied, do you really want to risk your children to be occupied (if they are lucky) with just plain breathing with a vent in a hospital?
PUSH BACK FROM APPOINTMENT OF MAYOR AND COUNCILPERSON BY THE EXISTING COUNCIL TO A FULL BLOWN ELECTION BY THE PEOPLE FOR THE PEOPLE.*
*the Finance Office cannot be involved in going to the Care Center to ‘help’ fill out absentee applications or ballots—it is deemed a conflict by SDML
* council meeting in auditorium- acoustics are terrible and it is increasingly hard to hear because the mayor mumbles and is inaudible from the distance we are required to sit. The council needs to add at least three microphones, one each at the east side council table, the south side council table and the west side council table, so the gallery can accurately hear our council members. Note I added captions to help identify some of the agenda items.
Mayor Glas called the May 4, 2020, Alcester City Council meeting to order (kind-of) at 6:00 p.m. with the following council members present: David Larsen, Melissa Kay, Linda Talbott, Darla Reppe, Dan Haeder and City Attorney Sam Nelson reciting the Pledge of Allegiance.
The group approved the agenda, no discussion and a unanimous vote of five ayes approving the agenda. Then they went on to approve the minutes of April 4, 2020, and April 15, 2020, again with no discussion and a unanimous vote of five ayes to approve the minutes without change.
The Beck Drive gas line issue was addressed and voted to pay the $4750.00 bill to run gas line to Mike Burke’s newly purchased lot. Again a little discussion but with a unanimous vote of five ayes passing the issue.
Warrants were called (the bills of the city) with a motion, a second, no discussion and a unanimous vote of five ayes passing the payment of warrants as listed by Bookkeeper Pat Jurrens.
The council adjourned the old council at 6:05 p.m. with a motion, a second, no discussion and a unanimous vote of five ayes to adjourn.
Agenda Item #2 Ward II vacancy interview of candidate Austin Schuller. The motion was made and seconded to go into Executive session to conduct the interview, Finance Officer Patricia Jurrens was asked to leave the meeting prior to the commencement of the interview. There was no discussion and the group voted unanimously five ayes to go into Executive Session at 6:07 p.m. The council was declared back into session at 6:18 p.m. No motions were made, no decision made and no business was conducted with reference to Mr. Schuller’s request for council seating in the vacant council seat in Ward II.
Agenda Item #3 The election of Council President and Vice President of the city council. The Council President takes over when the mayor is incapacitated, absent or resigns with the Vice President in stand by position. Dan Haeder moved to appoint David Larsen as council president, second, no discussion and the vote was 4 ayes and Councilman Larsen abstained from the vote. The vote affirmed the appointment of Councilman David Larsen as President of the Alcester City Council.
David Larsen moved to appoint Dan Haeder as Vice-President of the Alcester City Council, seconded, no discussion, with 4 ayes and Councilman Dan Haeder abstained from the vote. The vote affirmed the appointment of Councilman Dan Haeder as Vice-President of the Alcester City Council.
Agenda Item #4Mayor presents Committee assignments. Mayor Glas handed out his/FO Pat’s (overstep by FO)committee assignments of the city council members. Councilwoman Melissa Kay took issue with the logic and implementation of the committee assignments. Mayor Glas appears to have used the lottery system of assigning committee memberships, you know where the little cubes with councilmember’s names are shaken up and the first three names that roll out are on that particular committee.
Mayor Glas was irritated that his logic was flawed and he started to pout. A-w-w!
Agenda Item #5ROC Transport – No show, evidently they do not want our business!
Agenda Item #6-AMKO-No show. Finance Officer Pat ‘explained’
Agenda Item #7-Public Input-I had public input. The Contract Variance of Lance Johnson, former councilman. I presented the council with a Variance Case #20107, Don Hamerly v The City of Lennox. Mr. Hamerly was represented by Larry A. Nelson of Frieberg, Rudolph & Nelson. Gee I understand that is the father of our City Attorney Sam Nelson. This where the court agreed with Mr. Nelson’s argument and found for Mr. Hamerly. So with that precedent why did our city council allow the contract variance of Councilman Lance Johnson?
I also presented the council with Headlines of a case which happened in Alcester with regard to re-call of the mayor. I explained to the council the first Headline section dealt with the signed petition for the recall of Alcester Mayor Kim Shefte, the second Headline section involved the news our petition was kicked out because it was not specific enough and finally the third Headline section dealt with the fact where we (the petitioners) edited the petition so that it was specific…collected signatures and re-presented our petition to the council when Mayor Kim Shefte resigned. I was asked the question is this a threat and my answer was no- a promise.
Agenda Item #10Garbage Collection- Loren Fischer wanted to permanently continue the one-side pick-up. This is a problem for our less agile population and just a pain in the neck for the rest of us. If nothing else, we could have a central dumpster and toss our own garbage into the dumpsters. FO Pat responded that those from outside the city would be dumping into those dumpsters, I responded they already are. Council voted to do the one-sided pick-up just during the spring soft street months.
Mayor Glas called the April 15, 2020, special meeting of the Alcester City Council to order at 6:00 p.m. with Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilman David Larsen, Councilwoman Darla Reppe, newly appointed Councilman Dan Haeder and Alcester City Attorney Sam Nelson present.
Upon recitation of the Pledge of Allegiance, the council moved to approve the agenda for the evening. Motion, second, no discussion and unanimous Aye vote X5 approved the agenda as presented with no changes or amendments.
Agenda Item #4– Public Input was called. Vickie Larsen (me) responded with suggestions for the Park play equipment location change for safety and isolation reasons. I remarked the play equipment located in the park should be located in one location for the safety of the children. I noted that with the equipment scattered about the park the way it is now, children are vulnerable to attack or removal from the park by pass-through strangers and leaves no straight-line access or view from parents seated on park benches or in the shelter houses. This is a safety issue we had discussed many years ago in a SRTS meeting. I added with the pandemic we are currently experiencing, with the equipment scattered throughout the park makes it almost impossible to isolate the equipment for pandemic reasons.
Councilman David Larsen did ask the question, had the signs been posted concerning the social distancing as it relates to the park equipment and the shelters. The signs had not yet been placed in the park.
Finance Officer Patricia Jurrens noted that Loren Fischer had contacted the office wanted to make a permanent move to the garbage can placement on other peoples yards “…to save our city streets…by reducing the number of passes…” Loren Fischer Disposal STILL makes three passes down Lincoln Drive…tell me again how it save the streets? It appears that the Sooper Dooper Garbage truck cannot make the turn on Lincoln Circle. H-m-m I have a suggestion. To all the folks who have garbage on Lincoln Circle instead of moving your cans east, move them cross country just a bit south and a bit west to 410 Hyden Drive since Finance Officer Jurrens wants to save wear and tear. That street is concrete and the Sooper Dooper Garbage Truck can navigate the turn without ripping out the street. But from the vacant looks of things we are stuck truckin’ our cans all over the road.
One last notice in public input, the meeting of the HRC has been postponed indefinitely.
Agenda Item #5-Emergency Ordinance 2020-04 Second reading. Discussion continues noting the changes to Section 2 and Section 5 Amendments. Motion, second, discussion from Councilwoman Melissa Kay concerning local law enforcement actions once the Ordinance goes into effect. Effective date 04/15/2020 and unanimous Aye X5 vote.
Agenda Item#6-MidAmerican Gas line. Apparently in the rush to get Beck Drive on line by the Councilwoman Jurrens, something happened with the gas line. A conference call took place with a representative of Mid American Electric. I apologise I did not get the name, the acoustics sucked and Mayor Glas mumbles worse that Mr. Magoo. Evidently MidAmerican is give the city 2 credits for the additional gas line. So we the tax payers of Alcester will only have to pay $4800.00 to lay gas line somewhere between Beck Drive and Lee Drive. Now folks most developers figure the cost of utilities into the cost of the lot but not here, nope not here. The rest of us get to pay the cost. No action taken, dumped into the May meeting. Wonderful!
Agenda Item #7-AMKO Bond Nothing happening. Apparently this is a bond to lower the interest rate so ‘we’ can save money on a bond payment. The AMKO Bond agent would like a meet with the local bank but the bank representative is on pandemic schedule so AMKO representative needs to reschedule the meeting.
Agenda Item #8-Executive Session-If I understood the mumbling correctly it is for Legal Counsel. LITIGATION? Motion, second, discussion none and unanimous vote Aye X5 at 6:20 p.m. Council out of Executive session at 6:49 p.m. NO discussion or action taken.
Agenda Item #9-Adjourn
Motion, second, discussion none and unanimously vote Aye X5.
On April 6, 2020, Mayor Glas called the April 6, 2020, regular meeting of the Alcester City Council to order in the Auditorium Gym with Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson present. The reason for the meeting’s move to the Auditorium Gym was to adhere to social distancing due to the Coronavirus pandemic. Please forgive the sound quality, no microphones for the council so the only microphone was that of my video camera. Some of the meeting may be a challenge to hear or comprehend because of the acoustics.
The meeting opened with the Pledge of Allegiance, followed by Agenda approval with no changes to the printed agenda. I would like to note here, the approval included a motion, a second to the motion, no discussion* and unanimous* approval of the four city council members.
Agenda Item #4-Approval of the minutes of March 2, 2020, and March 16, 2020. Again motion, second to the motion, no discussion, and unanimous approval of the four city council members.
Agenda Item #5 – Executive Session for interview of candidates vying for Ward II and Ward III vacant positions. Motion, second to motion, no discussion and unanimous approval. Executive session commenced at 6:03 p.m. I had put my name in for Ward III, Dan Haeder put his name in for Ward III and no one showed up for Ward II vacancy. I was given the first interview spot.
I stood up and moved forward toward the council. I did turn my video camera off, although my first instinct was to leave it on because it was my interview, I had no need for secrecy in my responses to questions and the public might be interested in what exactly goes on in Executive Session (at least for interviews).
As three people in the gallery left the room at 6:03 p.m., I announced there would be no need for Assistant Finance Officer Wanda, Finance Officer Patricia Jurrens or Alcester City Attorney Sam Nelson. As soon as these three had exited the room, I began to speak to my qualifications for Alcester Councilperson. I described my education, a few of the positions I have held in the local area CERT, EMS, Girl Scout, and Business Owner to mention a few. I specifically mentioned I was a business owner and would be an asset in the sense I had experience with employees, Human Resourcing, accounting, payroll specifically mentioning the two computer accounting programs I had used in the past.
After I finished my curriculum vitae, I responded to questions from the mayor and four council members. Councilwoman Melissa Kay started off with the question what would I change or bring to the city. I spoke to live-streaming all council meeting and selling city rental properties to get the property back on the tax rolls. I mentioned the four-plex, explaining it was never meant to be owned in perpetuity by the city and off the tax rolls. As it sits right now, we collect no taxes from the four-plex and it has reached a phase where it needs upgrades which will come out of taxes. The rents in the four-plex cannot keep up with the expenses as it sits right now. In addition because the construction of Beck Drive (Pat’s hobby horse) cost the city somewhere between $200K and $300K and over the years of that expense, only two or three lots have been sold so the city has not paid any principal, just interest and pay-off time is quickly approaching. Minimal lot costs are increasing just to maintain the interest payment. Really? The residents of Alcester are being expected to pay for Beck Drive where nobody is living and paying taxes while our streets are floating into the storm sewers.
I spoke to encouraging and building up main street businesses. I spoke of governor’s houses to replace and upgrade housing on the west side of Alcester. The city has the ability to purchase these homes, site them and re-sell them which will improve home values on our west side recapturing taxes to work on the infra-structure.
I spoke to developing a program to involve our students in local government, to educate them in the proper way to govern and know what they can do to participate in their local government.
Councilman David Larsen posed a question on my position about firing employees and I assumed he was referencing one specific employee. I answered his question that I would not necessarily fire that employee but I would definitely define and close the parameters of that employee’s job description. A follow up question on if I were to be appointed and in relation to my blog about any discussion of that employee which I took to mean Finance Officer Patricia Jurrens. I responded I could not nor would I discuss any employee in public venue as a Councilwoman on the Alcester City Council. However and not part of my responseto Councilman Larsen’s query, I would not tolerate the continued employment of a Finance Officer who violated state and local laws.
Mayor Glas, Councilwoman Reppe and Councilwoman Talbott had no questions for me. In fact Mayor Glas did not want anymore chit-chat on my qualifications, but I did understand why. My interview closed at 6:25 p.m. and I left the room. Immediately after I left the room, Alcester City Attorney Sam Nelson was called in for a question.
At 6:25 p.m. Dan Haeder was called into for his ‘interview’ and five minutes later he was out of the Executive Session. Imagine that! No wonder Mayor Glas asked no questions of me. Folks, the decision was already a done deal before I ever walked through the door. In fact I surmise it was a done deal upon closing on the house on Park street. You see folks the council is not interested in what I could do or bring to city government, they do not care what actual experience I have, how many city council meetings I attended BEFORE I put my name in for council seat, they just want to protect Finance Officer Pat Jurrens no matter what violations she has accrued or short cuts she has taken or will continue to take.
At 6:33 p.m. Pat wasted no time swearing Dan Haeder into office to do her bidding. There, however, is a problem when Dan Haeder was forced to resign his Ward II seat, he no longer occupied the position of president of the council. He must be elected to that position, so the vice-president of the council has moved into the position of president of the council.
Agenda Item #6-ROCS Transport Service-no one showed up
Agenda Item #7-Public Input
Council skipped over this to Open Chip Seal bids, (06:40:00) I called point of order that the council was not following the agenda. City Attorney Sam weighed in with an opinion the Council does not have to go by the agenda. I argued the council approved the agenda (02:04:00) without change or addition, therefore they were obligated to follow the agenda order. There was an opinion that the bid opening was scheduled for 6:30 p.m. and the council had to abide by that. I argued since the bidders were not there in person the agenda time was not sacrosanct and the delay was marginal.
Agenda Item #8 – Seal Coat bids opened. I find it deplorable Mayor Glas feels the need to comment on a specific bidder i.e. referencing TopKote bid, “…You’re going to like this (07:58:00…), yet I was not supposed to critique the Finance Officer’s Failures. Or, “… TopKote must not want the business…) from newly appointed Councilman Dan Haeder (08:47:00) Folks if we allow our council to make comments such as these, we will earn a deplorable reputation. Motion to accept Road Guy bid at $1.70 square yard, second, discussion none and unanimous vote X 5.
Agenda Item #7-Public Input- I spoke of the necessity of closing the pool and summer recreation. (11:54:00) Listen closely, then do your own research. Council members and Finance Officer Jurrens who has been allowed to respond in a pseudo council member position on any and all subjects. Finance Officer Jurrens only has the ‘expertise’ to comment on computer viruses and Pat-demics. Yes, Patricia Jurrens was seated as a city council member from Ward I pushing her agenda of recycling, I often wonder what she was recycling, she then voted to not appoint Finance Officer Kezar because he would not spend down city accounts to suit her. After her vote to fire the Finance Officer, she applied for his job. So Folks, she is not a member of the council! (12:45:00 through 14:54:28). Councilman Haeder brought up a question concerning Peace Lutheran and Easter Basket deliveries. According to Finance Officer Jurrens, she took it upon herself (over-stepping position yet again) to call parents, asked them for their concerns on this community outreach and voiced her opinion. (18:10:13) Yo, Pat-demic the bookkeeper’s opinion does not count. I did not hear you asked parents about the hot lunch program for the students and their concerns. Preparation for lunches and Easter baskets would have the same handling precautions. You insult us!
Agenda Item #11– Police Department – Chief Christie delivered a recap of the month on his own and without Pat-demics translation. Motion to purchase a new police vest for Austin, second, discussion none and unanimous vote X 5.
Agenda Item #12 – Golf Course – Hire of Golf Course Manager-Motion to hire Deb Braaten at $12.50/hour, second, discussion none and unanimous vote X 5.
Agenda Item #13 – Legal Updates –
SDML request for city governments to issue a letter to Governor Noem regarding a state of emergency. Mayor Glas wanted to shirk his duty with his comment he signed the letter because it did not mandate him to close down businesses in the city due the Pandemic Covid-19. (32:10:00) The next interminable semantic discussion of the difference between the verbs of ‘shall’ and ‘is’. They forgot the ‘pixie dust’ sprinkling of; shall vs. should, shall vs. may, shall vs. will, shall vs. mandatory and etc. Then the council moved on to the definition of the noun ‘premises’. Oh and lest we forget the definition of Misdemeanor II and what fines the city should charge—$122.50 or $25.00 per incident. City Attorney Sam’s Robert’s Rules of Order comment (1:11:00:57) is telling. The council conducted the First Reading of the Ordinance 2020-04 with two amendments and projected effective date of August 30, 2020. Amendment of page 4-motion to amend, second, discussion none, unanimous vote X 5, Amendment of Section 5, motion, second, discussion none unanimous vote X 5 and finally the First Reading of Ordinance 2020-04, motion, second, discussion none and unanimous vote X 5.
Executive Session-Legal Counsel Motion, second, discussion, unanimous vote X 5. In Ex Session at 7:50 p.m. and out 8:02 p.m.
Beck Drive-gas line discussion on gas line billing, trying to figure out where the gas lines and other utilities Lee Drive area.
Agenda Item #15 Goodwill Great Plains Shredding- OH a favorite near and dear to Pat-demics heart. Councilwoman Melissa Kay (01:29:55) comment on historical documents statute of which Pat-demic was ignorant. Should have had the counsel of SDML on that one.
Agenda Item #16 – Pleasant Hill/Landfill Update ARE YA KIDDING ME? (Freudian slip, a bad pun in agenda labels or obituary?) Land fill is open Monday and Thursday Evenings 5p.m. to 7p.m. Saturday 8 a.m. to Noon.
Mayor has to potty 8:20 p.m.
Agenda Item #17 – Finance Offices Updates. Dumpsters on Friday.
Quam & Berglin Warrant, closing, costs and purchase price $15,368.25. Discussion of council (01:47:00)whizzing and moaning about purchase the building to house the police department and have the remodel and repairs several times the cost of the purchase price. Motion, second, discussion none, unanimous vote X 5
Police Charger revised First payment $3995.66 Motion, second, discussion none unanimous vote X 5
Warrants-motion, second, discussion none unanimous vote X 5
HR Human Resources – (01:57:08.93)Bambee I have to assume the council after reading the fine print decided Bambee was too expensive. But it was decided to form a committee of three, Councilman Dan Haeder, Councilwoman Melissa Kay and Employee Pat Jurrens. Yeah right Pat-demic deciding if two misdemeanors or if bloating comp time claims are a firing offense.
2019 Annual Report- discussion on water fund mandate. There is a protected minimum of $59K hold back/reserve but as usual Pat wants to spend it down to nothing . (02:13:26) Council take back your powers, Finance Officer is not elected, she is not your equal, she is just a bookkeeper! Motion to approve the 2019 annual report, second, discussion, unanimous vote X 5.
Destroy records– 2001-2005-Motion, second, discussion none, unanimous vote X 5.
Amko approval– special meeting Bond People April 15, 2020, 6: 00 p.m. Motion, second, discussion none, unanimous vote X 5.
Continued discussion of Covid-19 – put up posters use park at your own risk, advertisement in the paper versus close park, park shelters, swimming pool–No decisions.
Golf Course – Food to go only. No bar.
Finance Office Open/Close– FO Pat Jurrens wants to work from home. Where is oversight on that one. How are people going to access building permits, pay bills, and etc. Oh I know an operating official website which will take payments. Councilwoman Melissa Kay asked about this. (2:37:49.27) Furlough Wanda, Keep Finance Officer Pat in the city office with the half-door locked and with a plastic drape over the top of the half door. No brainer! City business essential.**
Reminders and Updates–
Clean up April 10-27, 2020
HRC-meeting coming up
Fair Board-06/01/2020 fair cancellation date
Alcester Community Building- architect to redraw- Leave out the Finance Offices and council room because size-wise the city gains absolutely nothing–Keep the city offices down town.
Volunteer roster-none
Agenda Item #22– Executive session personnel
motion, second, discussion none, unanimous vote X 5.
9:45 p.m. in session with Attorney Nelson but without Pat Jurrens or Wanda.
10:06 p.m. out of executive session
no business coming out of executive session
So another secret session to appoint another council member?
Agenda Item #23 Adjournment
Motion, second, discussion none, unanimous vote X 5. 10:08 p.m.
*Note the number of actual discussions for each Motion and note the number of unanimous votes for each Motion.
**Long, un-researched discussions outlasted camera battery.
Mayor Tom Glas called the March 16, 2020, Special Equalization meeting to order at 6:00 p.m. with Councilman Dan Haeder, Councilman David Larsen, Councilwoman Linda Talbott, Councilwoman Melissa Kay and Councilwoman Darla Reppe present. Once again Councilman Lance Johnson was absent and there was no city attorney present.
*NOTE-I apologise to Michael Bucholz for mis-spelling his name in the title page in the video. I did and do know how to spell his name but missed my error in the proofing process.
After the Pledge of Allegiance was recited, the council began by approving the agenda unanimously.
Agenda Item #4 – AMKO Mr. Mark DeRaney representative made a presentation regarding Alcester’s Sewer bond and the rework to lower interest rate as I understand it. The city council had to vote on Resolution 2020.03 to re-fund the bond at a lower interest rate. The council voted to move forward.
Agenda Item #5 – Equalization Board This is where the council received appeals to property tax valuation. At that point in the evening no one had presented an appeal of valuation nor did it appear there was any discretionary reductions taken by the county at this point. There will be a citywide assessment in 2021 by the county. No action taken.
Agenda Item #6 – Public Input – I mentioned several comments made to me about water meter reading discrepancies in billing. I told the council they need to be aware there are complaints which have been voiced to me. My recommendation is to have residents keep a monthly log of their meter reading and compare it to what their water bill reads, then report discrepancies to the finance office so the finance office can correct the readings or have the meter reading devices calibrated.
Agenda Item #7 – Community Building Project- the project committee met with the architects to cut costs and determine which items would be cut from the blue-printed plans. Items mentioned that were to be cut or deleted: (red areas indicate areas in which cuts and deletions were proposed)
Basement
Stairway to basement
No front canopy
Utility room moved from basement to the proposed Fitness Center
Fitness center was on the cutting block but mediation brought it to where the council chamber (conference room)was to be located.
No firm decision on the cuts and deletions was made at this time.
Agenda Item #8 – Hire candidate Parker Dooley as Utility person at $12.00/hour.
Agenda Item #9 – Executive Session called for Contractual matters. When I asked what contract of Finance Officer, I was told litigation. H-m-m Litigation? How is that contractual? Sounded more like lawsuit to me so my next question, is the city is being sued? I received no answer. I wonder if that is what is called, ‘asked and answered’? The non-answer is an affirmative answer?
This executive session lasted from 6:37 p.m. to 7:03 p.m. just shy of a half an hour of executive chit-chat without an attorney present and no public action taken!
Agenda Item #10 – Executive session called for Personnel – Gallery and Finance Officer Pat Jurrens exited the room and Union County Attorney Jerry Miller and Michael Bucholz entered into the Executive Session with the Council. About 30-40 minutes later Union County Attorney Miller and Mr. Bucholz exited the Executive Session. At 7:45 p.m. Alcester Finance Officer Patricia Jurrens entered the Executive session and exited the Executive session at 8:30 p.m. and at 8:34 p.m. Mayor Glas called the council out of Executive Session Personnel.
Grand total of 1 1/2 hour of Executive Session time with no public action.
Agenda Item #11 – City Insurance Review – Finance Officer Jurrens recited the various assets needing coverage of insurance and upgrades in valuations, actual or replacement. Then (49:43:80) Finance Officer Jurrens focused on General Liability Coverage, Professional Liability Coverage and mumbled something about Time Computations (?) which translated to employee embezzlement. Now ‘time computations’ which was unintelligible both in live meeting and on the video brings the question of approval of over-time and comp-time for the finance office and other administrative positions. Administrative positions are not paid over-time. Alcester City Ordinance required approval (on paper) for any over-time for the Finance Office. Yet when I asked Mayor Glas and Finance Officer for access to Mayor Glas’ or City Council approval of any over-time hours for the Finance Office I was told there were no such records. This was in violation of City Ordinance requiring a document carrying the mayor’s signature of approval, the date, justification for Over Time and the number of hours. So in effect I was told the 232 +/- hours of over-time/comp time logged by Finance Officer Pat Jurrens had no documented proof of approval and for which a check was cut to the tune of $4880.00. Is that what we need insurance for? So which one is guilty of embezzlement the original computation or Mayor Glas who had the responsibility? H-m-m?
Agenda Item #12 – Adjournment Meeting was adjourned at 8:55 p.m.
Mayor Glas said, “well I guess it is time…” and so the regular meeting of the Alcester City Council was half-glas’d into session with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Melissa Kay and Councilwoman Linda Talbott in attendance–who knows where Councilman Lance Johnson was, he sure wasn’t a sittin’ in his seat at the council meeting. Small wonder why the council hasn’t a clue of what is happening per comments made later in the meeting.
Pledge was called, Agenda Approved without change, Minutes approved without change and finally public input was called without all the enthusiasm of “oh, dang she is here”. I responded I had public input.
Agenda Item #5 Input- I announced I had, immediately prior to the meeting, delivered to the Mayor’s seat my formal appeal request of Councilman Lance Johnson’s variance and a FOIA (Freedom of Information Request-South Dakota Sunshine) and I also pointed to the 17 page, fine-print, terms and conditions of the BAMBEE contract as well as an article titled, “Making the Best Use of Your City Attorney”.
Finance Officer Patricia Jurrens said she didn’t have the copy of the appeal and the FOIA and I responded they had been placed at the Mayor’s seat. I commented on the fine print of BAMBEE pointing out the yellow highlighter on the document. Specifically mentioning item #3 where BAMBEE explains she cannot give a legal opinion, Oh deer! It was my impression that legal was the whole purpose of hiring BAMBEE. Now folks BAMBEE requires a $500 audit fee right off the bat, then requires a monthly fee, the combined totals account Mayor Glas’ stated was a grand total of $2500.00 to $3000.00 (01:17:55:63) annual fee for HR advice. HR advice which HAS to be run past our city attorney, who the city council previously insinuated is not trained in HR and is costing the city too much in legal fees! H-m-m the two gentlemen who currently hold retainers to represent the city, list their areas of expertise as Real Estate, Probate, Federal Income Tax, Family Law, Municipal Law, Civil litigation and Criminal Defense which seems to cover territory which has prominently figured in our HR problems recently and still has one doozy HR problem still in the hopper. Somehow I think our retained attorneys cannot ‘handle’ this situation without a conflict question.
I also pointed out the article on, “Making the Best Use of your City Attorney” might be a good read if it is true as Councilwoman Melissa Kay pointed out later in the meeting, (01:22:31:30) “…we only have one or two times a month where we are seated in Council, we do not get enough information and we do not know how to deal with it…” ?
Agenda Item #6 – Executive Session-Contract- and request for Revolving Loan for a local businessman. Council went into Executive session at 6:05 p.m. and came out at 6:17 p.m. with no motion made.
Agenda Item #7 – Legal Updates-
a) Shouse discussion – Now I had to ask what Shouse was, thinking it was a misprint. It was explained a Shouse was a metal house/shed which according to FOPat is just ‘the thing’. Yeah? IN TOWN? Is the illegal garage at 518A Anderson Street now morphing into a metal sh** house? Yet another effort on FOPat’s part to legalize a ‘favor’ for a dirty-handed councilman?
b) Chip Seal – Now we have to amend the chip seal bid to delete the most wondrous, amazing street treatment ‘evah’ and a Fantastic Failure Done our Roads. Given the efficacy of FDR on our streets, we would have had more success papering our streets with laminated BFranklin paper. So now we must pay for City Attorney Tom to apply Anti-Monkey Butt lotion language to FOPat’s and Mayor Tom’s RASH bid contract to FIX our streets! (54:42:43) Get the Red out of our Budget! I warned the council in a past complaint the vandalism to the curb at 518B Anderson Street would create water damage to the street and I was told by Mayor Glas the water ran-off just fine. Check out how he changes his tune (52:55:17)(54:42:43)(55:55.17) about street damage due to cracks in the curb and gutter.
Agenda Item #9 – Nuisance Update – (13:08:07) Arlene’s Cafe sidewalk drainage solutions. The city sat, wasting council time on discussing this issue and its ‘fix’ solutions. This is private commercial property NOT belonging to the city of Alcester. While there is certainly an issue with water draining down-stream from the city owned bar and city responsibility for the property, the simplest solution is to routinely clear the space between the City owned building and the adjoining Arlene’s Café property of snow BEFORE it gets to the sidewalk. Messing with an apparently sound sidewalk on the east side of Iowa street is unnecessarily costly. The two entities can share the cost of removing the alley snow, leaving each entity responsible for the snow clearance of the sidewalk fronting each property as provided by ordinance.
Agenda Item 8 – At this point 6:30 p.m. the time for scheduled bid (17:41:90) opening for the auditorium property. Mr. Scott Hansen representative of Alkota Cleaning Systems was present (26:40:00) for the opening. Mayor Glas opened the lone bid received, which offered $120, 000.00 for the building/and property and which was well below the appraised price on the auditorium of $260,000.00. And so the great debate/discussion began over a bid contract which the council failed to read and understand their own terms and conditions for bidding. When the council put our auditorium up for bid, they lacked the foresight to make alternate plans for holding city council meetings, they lacked the foresight what to do if the bid is substantially lower than appraisal, and what is the lowest bid we are willing to take for our building. Judging from the discussion,
“Our council Hindsight is 20/20 and our Council foresight is legally blind.” (Inspired by the quote of Benjamin Graham)
How many people would put their homes up for sale without a clue where they were going to live after promising an immediate possession sale?
Questions were asked of Tom Walsh who was also present (29:26:77) with regard to the Golf Course Community Building. The council opined they cannot possibly make a decision to accept the Alkota Bid until they KNOW IF AND WHEN the proposed Community Building Dream Gaffe project is consummated. Mr. Walsh gave an update from the architects of the golf course project. In a past meeting when FOPat was ‘splaining’ the project to the council she commented that, “…the architects projected the cost of the community building high…” It appears that COOP Architects project costs missed the boat ’cause the reported bid info shared on March 2, 2020, meeting was “the bids came in SIGNIFICANTLY HIGH-something nearer to $1 Million+ over. FOPat commented they, “…just couldn’t figure out where the costs came from…” (00:00:00) Dear Sweet Auntie Em, this is our finance officer who cannot figure out expenses? Folks the items involved in this bid HAVE to be commercial grade not Sh**House grade or Residential grade. More discussion to take place at the March 16, 2020, special meeting set for 6:00 p.m.
Agenda Item #9 – Nuisance(continued) – Council touched on 204 Ofstad, 208 West Fourth, Dog License Compliance. City Attorney Tom Frieberg to clean up Dog Licensing ordinance language to compel our Police Department to act as dog catchers. Councilman Dan Haeder made an analogy concerning dogs-at-large, citing a tragic car/truck crash on I-29. The crash cause summary per news reports was a northbound tractor-trailer with a pup trailer abruptly braked to avoid two dogs crossing the interstate. A Mazda following the tractor-trailer rear-ending the pup trailer. The operator who was wearing seat belt was pronounced dead-on-scene with no injury to the tractor-trailer driver.
Councilman Haeder’s analogy (40:53:57) using the crash, inferred dog owners were culpable because the dogs were running-at-large. Errors in that analogy include such circumstances as: 1- Dogs could have been deer. 2- what exactly was the Mazda driver doing, what was the speed of the Mazda (posted limit 80 mph), how close was the Mazda following the tractor-trailer, were there contributing road conditions, 3- There is no ordinance dogs in Alcester must be caged, just that they are controlled, their vaccinations are current, they are spayed/neutered and have a city license which proves the appropriate documentations has been provided to the city, the only apparent concern for at-large-dogs relates to menacing behaviors, 4- As I understand motor vehicle liability relating to rear-end collisions, is the failure to have one’s vehicle under control is a cause for citation for failure to have control. Tragically it was the failure to have the vehicle under control which ultimately caused the death. There is no justification for licensing dogs in this analogy and no justification for attributing a tragic death to a pet owner.
Perhaps instead of licensing cats and dogs, owners of domestic pets voluntarily register their pets with the city without license or cost and we avoid the Mayor Glas’ and the city council’s castration of our city police department into dog catchers which distracts our police department from their very real job of enforcing the drug laws, domestic abuse laws, embezzlement laws, false 911 reporting and liquor violations. Anybody on meth or over-reaching political authority is far more menacing than Fluffy or Lassie any day of the week!
7:03 p.m. Alcester City Attorney Tom Frieberg left the meeting.
Agenda Item #15– Executive Session called at 7:03 p.m. for interview of two candidates for Utilities person. Out of Executive session at 7:52 p.m. with no decision voted upon or action taken.
Agenda Item #11 – Streets- Most important issue was the city asking for advice from Engineer McLaury. Now I personally have a problem with this because Mr. McLaury in all his engineering prowess during the SRTS issue caused the illegal vacation of alley behind to two residential properties from 4th street to 6th street, the earthen dam design caused AND CONTINUES TO CAUSE flooding of the property at 301-4th street along the east side of the alleyway, required a significant change order which ultimately cost the taxpayers of Alcester an project over-run of $20,000.00 ’cause he could not seem to figure out the ADA restrictions and requirements while maintaining his bid quote. Now FOPat wants to reward him with another shot at our tax coffers?
Agenda Item #18 – Finance Office
a) Warrants
b) HR Services – California BAMBEE (01:17:03) Ask to see the copy of the terms and conditions of BAMBEE I provided to the city. The council has presented BAMBEE, yet none of the council seems to have read or investigated this subject adequately to make AN INFORMED DECISION.
*PLEASE NOTE Finance Officer Jurrens cannot seem to get a simple agenda done properly. She cannot seem to go from 18 (a) to 18 (b) to 18 (e) without screwing up and leaving out 18(c) and 18 (d). Now folks I make proofing errors, but I do not get paid $46K to get a simple agenda correct!
*e) District meeting – Vermillion March 19, 2020. Now you have heard about HR BAMBEE and how according to Councilwoman Melissa Kay, “…we just do not have the information, the experience or the know how about HR…” District meeting is where you can get this information, SDML to whom you pay a membership dues is another source of information, Alcester City Attorney to whom you pay a retainer for HR information and council-folks it is part of what you were elected/appointed to do. Readers check out the video (01:39:58:63) and (01:41:23:00) see how many council members attend the district meeting. Oh do not FOPat it where you sign up and only show up for a hour.
You want to have information, demand your finance officer get it to you in time for you to read up on the subject matter BEFORE council meeting. IF your finance officer cannot get the job done or get the information to you in a timely manner-FIRE HER BUTT! In addition do not accept her ‘translation’ as accurate, it is YOUR responsibility to verify all information. I email information from time to time to the you, or lay it at your place at the council table. I put it in front of you so when I reference it, you can pick it up and read it at brain level. I do not place this information on your chairs so you must absorb the information through your emergency exit!
Agenda Item #18 (?) Alleged payment for a Website- HOORAY Now payments made to the city, the golf course, the pool and etc. can be made to the city via the Official Website.
WE DO NOT HAVE TO HAVE THE CITY OFFICES AT THE GOLF COURSE COMMUNITY BUILDING ‘CAUSE ALL PAYMENTS CAN BE MADE THROUGH THE OFFICIAL ALCESTER WEBSITE PAYMENT PORTAL. WE CAN ACCESS AGENDAS, MINUTES, FORMS AND ALL OFFICIAL NOTIFICATIONS THROUGH OUR OFFICIAL WEBSITE YAY!
Agenda Item #18 (f) Updates and reminders-One item not under the updates and reminder is the 2019 Election Issue, according to my source the complaints have been investigated and the reports are sitting in line on the prosecutor’s desk for execution.
A Voice from the Gallery 