Tag: Darla Reppe Alcester SD

12/02/2019 A Voice From the Gallery

Mayor Tom Glas called the December 2, 2019, regular meeting of the Alcester City Council to order at 6:00 p.m. with Councilwoman Melissa Kay, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilman David Larsen and Councilman Lance Johnson present. Sitting in for Sam Nelson, city attorney was Thomas Frieberg of Frieberg, Nelson and Ask, and who is also listed as city attorney under the retainer agreement.

Among the gallery were Amanda Ericson, Tena Keiser co-chairs of the Alcester Chamber of Commerce, Larry Anderson, representative from the cemetery group, and an impromptu appearance by William Shorma, District 16 Representative candidate. The group recited the Pledge of Allegiance. Making a brief appearance was former Alcester Finance Officer Mike Kezar who apparently been told he was to talk about his property situation but Finance Officer Patricia Jurrens Failed to place him on the agenda.

The council moved quickly to approve the agenda and the minutes of the November 4, 2019, meeting. Of course unanimously without discussion as usual.

Agenda Item #5-Next to be seen and not-so-seen was William Shorma, candidate for District 16 (Representative-a correction from the erroneously (00:03:50))agenda listed item as Senator Candidate. Notable candidate comment was (00:06:25) he wanted address the important, ‘key stake holder’ people in the communities: the city council, the chamber of commerce and the school officials as he stood with his back to the camera and the gallery. H-m-m so is that one calls putting your best side backward?

Agenda Item #6-Next up were the Chamber of Commerce request for temporary street closure for the Chamber sponsored Christmas Tree Lighting Party scheduled for December 6th. The council voted to close the street for the Chamber function.

Agenda Item #7-Input

I started the input with an explanation of the document I placed at each council members place and the Alcester city attorneys place. This document was a copy of the Regulations, Agreements and Conditions Running with Land which is attached to the Deed of property. This particular document was attached to the deed of Councilman Lance Johnson property address listed as 518A Anderson Street and future home of ‘hog barn and other mechanical things’?

I pointed out the obvious error the city council had the power to grant a variance to a piece of land over which they had no control to change the agreements, regulations and conditions attached to that land.

Councilman Lance Johnson stated he did not know of the deed attachment until (00:15:15), “…Tom Frieberg recommended Michael McGill to him… last summer Finance Officer Pat Jurrens dug up the Regulations, Agreements and Conditions Running with Land Document…”. At which point in the discussion Finance Officer Patricia Jurrens interrupted (00:16:19) with the statement that, “…what we were told by (presumably Mike McGill) the twenty-five year condition was illegal…” In case you do not know of Mike McGill, he is an attorney out of Beresford, SD. He has his own law practice, is not to the best of my knowledge a member of the Frieberg, Nelson and Ask firm, nor was Mr. McGill a signer or contributor to the document titled, “Regulations, Agreements and Conditions Running with Land which was prepared by Charles B. Haugland.

So by what right did Alcester Finance Officer Patricia Jurrens stick her nose into a civil matter? I had heard Finance Officer Pat Jurrens had been running around collecting signatures concerning Councilman Lance Johnson’s edifice to hogs and combines on Anderson Street but I had no personal knowledge with which to confirm the validity of the claim. But last night Alcester Finance Officer Jurrens comment (00:16:19) about the opinion from Mr. McGill seems to give some credence to the rumor.

So why was Alcester Finance Officer Jurrens involving herself in a civil legal matter on the part of Alcester Councilman Lance Jurrens trying to do an end run around the Regulations, Agreements and Conditions Running with Land Document attempting to cheat his neighbors out of the equity value of their homes.

 Why is an attorney under retainer (Thomas Frieberg) to the city of Alcester as legal counsel to the CITY of Alcester recommending a lawyer (Michael McGill) to Alcester City Councilman Lance Johnson to give him (Lance Johnson) and the City of Alcester (Mr. Frieberg’s Client) the power to negate the terms and conditions afforded by the legal document titled Regulations, Agreements and Conditions Running with Land and defraud the residents of Numsen’s Addition without their right to vote for themselves whether Alcester City Councilman Lance Johnson can build a Hog House, Combine Cabin, Tractor Terminal ER or RV Rest Home!

 As I understand it, any owner who has this Regulations, Agreements and Conditions Running with Land Document attached to their Deed can take Councilman Lance Johnson to court as well as the City of Alcester if they vote to allow a variance contrary to the RAC’s Running with Land that they have all lived by!

Agenda Item #8-Legal Updates

Involved a lengthy discussion of the cemetery and Ordinance 2019-08 with amendments.

Community Building-Auditorium and present city offices. The council voted to declare the auditorium surplus property. Motion called by Mayor Glas, Motion was made by Councilwoman Melissa Kay, Second came from Councilman David Larsen and with no discussion the council voted unanimously – six AYE votes to declare the City Auditorium Surplus property.

The next step is to decide whether the Auditorium will be summarily disposed of by 1) sealed bids, 2) realtor, or 3) public auction after another appraisal.

Folks the reality of the Community Building/Golf Club house is still just a malevolent will-o’-the-wisp hovering over our city. Sell the Auditorium where does the police department go? Sell the Auditorium where does the finance office go? Not to the Community Building/Club House without a public vote!! Despite Finance Officer Patricia Jurrens fervent hope.

Agenda Item #9-Variance for Councilman Lance Johnson tabled.

Agenda items #10 Street Update and #11 Water and Wastewater no reports from the department heads who were not in attendance. Oh Mayor Glas was given the okie dokie to sign the small community grant. Geesh, I hope he at least gets his signature over his name this time.

Agenda Item #12– Police Department-Chief Christie announced the PD was gifted with two brand new AED and he has taken the training to train others how to use the AED (automated external defibrillator). New police car is on its way.

AND ON CUE  Alcester City Attorney Thomas Frieberg gathered his case and left 7:00 p.m. (01:02:01)

Agenda Item #13– Finance Office

Architect is almost finished with the kitchen. Are ya kidding me? I am sorry Wofgang Puck does not like the cold, Emeril Lagasse just got nibbled into oblivion and doesn’t want to move to Alcester. Julia Child passed on, and Rachael Ray’s Nutrish culinary art has gone to the dogs. So what we have here is a failure to communicate, short order cafe does not need a haute cuisine kitchen delicately placed between the bar and the biffy AND certainly cannot afford a staff commensurate with haute cuisine tips.

Resolution for Fees 2020 Pat’inflation has struck again and I do not mean helium go-fund- me jail bond balloons in the auditorium atrium. Although every time Mayor Glas walks in, there is certainly an updraft of hot air.

Finance Officer Patricia still wants to bell the cats. I think a certain FO should be belled.

It has been determined and if I understood the subject matter discussion correctly the 2019 audit is going to cost $8K. Finance Officer Patricia moaned, “I do my best and I work really hard” (01:30:20)

Supplemental appropriation, without a copy to follow along with it was a jumbled mash but the one thing that really caught my attention was the Robbing the water enterprise account of $50K to bolster the general fund. I am not sure that is legal. Water Enterprises funds must go to either pay to reduce water rates or upgrades of the water system not to go to the general fund where it could be used to purchase more clutter for the auditorium atrium. Or pay community center expenses arising out of the question,  should the kitchen be next to the bar or should it be close to the fire exit.

The date for the Special Meeting in December was set for December 9, 2019, at 5:00 p.m.

Updates and reminders:

One reminder was missing, Item V as in the appearance in court for Finance Officer Patricia Jurrens for Violation of state and local Liquor laws. December 5, 2019, Union County Magistrate Court at 9:00 a.m. to answer the complaint with fines and fees.

Agenda Item #14– City Website- Still dinkin’ with the city website first voted and around $1500 was appropriate for its design and implementation. I told the council the South Dakota Municipal League would help set up our website as we are members of the SDML. Mayor Glas mumbled something about open meeting. Since I was (hearsay) accused of setting the council up in the ballot box violation complaint and that I should have said something. First I did not know at the time and Every time I try to advise when the council is erring, I get shut down and ignored just as I did last night when I spoke up about the South Dakota Municipal League.

Agenda Item #18 Executive Session at 7:57 p.m. to discuss Personnel-H-m-m  At 8:21 p.m. the meeting was declared open and the council accepted the resignation of Librarian Dee Cole and Curtis Saugstad.

Agenda Item #19 Adjournment- Meeting was adjourned at 8:23 p.m.

11/27/2019 A Voice From the Gallery

“Oh, it’s cryin’ time again, an’ Alcester FO Pat is weeping
I can see by that lyin’ look she’s been scheming and
With what she told the deputies, it won’t be long before
It’s crying time again, an’ Alcester FO Pat will be weeping.”*
*(inspired by the song lyrics “Crying Time” by Buck Owens)

Definitions:

Embezzlement– “the fraudulent appropriation of property by one lawfully entrusted with its possession.   To “…embezzle” means willfully to take or convert to one’s own use, another’s money or property, of which the wrongdoer acquired possession lawfully, by reason of some office or employment of position of trust. The elements of ‘offense’ are that there must be relationship such as that of employment or agency between the owner of the money and the defendant, the money alleged to have been embezzled must have come into the possession of defendant by virtue of that relationship and there must be an intentional and fraudulent appropriation or conversion of the money. The fraudulent conversion of the property of another by one who has lawful possession of the property and who fraudulent conversion has been made punishable by statute…” According to Black’s Law Dictionary 361 (Abridged 6th ed. (Centennial Edition (1891-1991))

Conversion-“an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belong to another, to the alteration of their condition or the exclusions of the owner’s rights. Any unauthorized act which deprives an owner of his property permanently or for an indefinite time. Unauthorized and wrongful exercise of dominion and control over another’s personal property, to exclusions of or inconsistent with rights of owner.” According to Black’s Law Dictionary 231 (Abridged 6th ed. (Centennial Edition (1891-1991))

Ownership–  Ownership refers to the ultimate and exclusive rights and control over property that have been conferred by a lawful claim or title.

The reason for the definitions above and the codes which will come after is Finance Officer Patricia Jurrens has received a Summons, she has run afoul of the law AGAIN.

See Summons below.  If I remember correctly, in the Warrant of Arrest after Indictment # 63CR119-470 filed on October 2, 2019, Pat Jurrens’ bond was Conditional that she obey all federal, state and local laws and ordinances and that violation of any of these conditions may result in revocation of the bond. It appears she has failed to obey state and local law as it relates to alcohol and in my opinion embezzled from the city.

Yup Alcester Finance Officer Pat Jurrens threw a surprise birthday party for hubby. As Gomer Pyle used to say, “Surprise, Surprise, Surprise” Finance Officer Patricia Jurrens sent out Facebook Invitations as I understand it, which said BYOB.  BYOB are ya kidding?

It is against the law! The Alcester Municipal Golf Course has been granted a Retail On-Sale Liquor License. (See Below)

Now here comes the Alcester Ordinance :

4.0304  Operating Agreements

  1. Liquor licenses. All on-sale and off-sale liquor licenses within the city of Alcester shall be required to enter into operating agreements with the City of Alcester and shall be required thereunder to purchase ALL ALCOHOLIC beverages sold in such an establishment from the City off-sale establishment for resale under the operating agreement at a price of the actual wholesale cost to the City, transportation charges billed to the city and a markup of ten percent (10%) and such additional compensation or fee as may be mutually agreed upon by the parties.

4.0308    Possession of Alcoholic Beverages

Unless a special permit license shall be obtained from the City pursuant to this Chapter, it shall be unlawful to possess in any public place, street, alley, sidewalk, public park, place of amusement, or business establishment, not authorized to sell alcoholic beverages, pursuant to South Dakota law and the ordinances of the City of Alcester, any bottle whether or not containing alcoholic on which the seal has been broken and which bottle either did or does contain alcoholic beverages, or any glass, can or other container, containing alcoholic beverages.

IT SHALL BE UNLAWFUL FOR ANY ON-SALE ALCOHOL AND MALT BEVERAGE ESTABLISHMENT OF ANY EMPLOYEES, MANAGERS, OR OWNERS THEREOF TO ALLOW ANY PERSON TO LEAVE THE LICENSED PREMISES WITHIN THE CITY OF ALCESTER, WITH A CONTAINER OF ALCOHOLIC BEVERAGE IN THEIR POSSESSION EXCEPT FOR THE SALE OF UNOPENED CONTAINS OF ALCOHOL AND MALT BEVERAGES, WHERE THE LIECENSEE HAS SOLD THE SAME UNDER AN OFF-SALE LICENSE.

*IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSUME ANY ALCOHOLIC BEVERAGE UPON THE PREMISES OF A LICENSED ON-SALE DEALER IF THE ALCOHOLIC BEVERAGE WAS NOT PURCHASED FROM THE ON-SALE DEALER.

4.0313 Penalties     Any person or any licensee hereunder found to have violate this Chapter shall be subject to the following penalties,

A.  A fine not to exceed $500.00 for each day of violation of this Chapter shall constitute a separate violation as to the sale of any alcoholic beverage not purchased through the municipal off-sale licensee, each bottle or container sold shall constitute a separate offense.

B.  The City Council of the City of Alcester may be majority vote, find that this Chapter has been violated and may recommend to the South Dakota Secretary of Revenue that the license of any alcoholic beverage licensee/establishment, found to have violated said chapter may be suspended or revoked pursuant to SDCL 35-2-10 and/or that, civil penalties as provided by SDCL 35-2-10.1 be imposed.

 

It is not enough that the City of Alcester Alcoholic Beverage Ordinances have been violated by Alcester City Finance Officer Patricia Jurrens but as I understand it Alcester City Finance office employee Wanda Halvorsen was working/serving at the Alcester City Golf Course Clubhouse on October 26, 2019, at the BYOB party and in her primary finance office position should have known city ordinance, had access to city alcoholic ordinance or had access to City Attorney Sam Nelson so she too is subject to alcoholic beverage violations.

Now there will be the familiar Patricia Jurrens whine, “…I didn’t know it was a violation..”. Below please see BOTH Mayor Tom Glas’ and Finance Officer Patricia Jurrens signatures on the 2015 Lease and Operating Agreement with Deems, BOTH Mayor Tom Glas’ and Finance Officer Patricia Jurrens on the 2017 Lease and Operating Agreement with Deems and the 2019 Deem Lease and Operating Agreement was recently signed. IT IS FINANCE OFFICER JURRENS JOB TO KNOW THE TERMS AND CONDITIONS OF THOSE LICENSURE DOCUMENTS.

Now we get into what I would term the EMBEZZLEMENT side of the alcoholic goat rodeo violations. Finance Officer Patricia Jurrens brought in by invitation (BYOB) and by her own hand, alcohol not purchased through the city of Alcester which benefitted her personally because this alcohol did not include the markup amounts which cheated the City of Alcester and its residents of the 10% plus fees and etc. markup.

Finance Officer Jurrens knew full well the terms and conditions she was violating and if there was any question, she had the counsel of Alcester City Attorney Sam Nelson to rely upon. She certainly has called upon ACA Nelson’s legal opinion on past occasion.

Now folks it isn’t just Alcester Finance Officer Patricia Jurrens on the hook but Ass’t Alcester Finance Officer Wanda Halverson not to mention it would seem by my reading, violations of Alcester City Ordinance 4.0308 could be levied against each and every surprise birthday party attendee on October 26, 2019.*

 

 

 

 

 

 

 

 

 

 

11/26/2019 A Voice From the Gallery

To the good citizens of Alcester, please note the following notice of Hearing on Application for Variance.

Stop this travesty of attacking property values on Anderson Street and Beck Drive.  This property is zoned residential and Councilman Lance Johnson wants to erect a 22 foot high edifice to stupidity.  STOP this, COME to the city council meeting AT 6:30 pm and TELL Councilman Lance Johnson to CEASE and DESIST this travesty upon property zoning.  Tell the City Council to NO to the variance.  Be prepared to REFER this Rooster’s violation of your property rights and valuations!  If Councilman Lance Johnson wants a big red barn, hayseeds and etc. build that thang on his farm.  He is violating the covenants that run with the land and is thumbing his nose at all Alcester residents.

 

LET YOUR VOICES BE HEARD!

 

JUST SAY NO!

COME TO THE COUNCIL MEETING DECEMBER 2, 2019

6:30 pm

11/12/2019 A Voice From the Gallery

An observation while constructing my argument to the South Dakota Office of Hearing Examiners and counterpointing Alcester City Attorney Sam Nelson’s quotation of statute in his denial letter.

What I found interesting is the citation of statute struck a chord of recognition. I had been going through the file of my 2016 application to the Office of Hearing Examiners to refresh my memory of process and elements of such a complaint when I came across a letter dated October 4, 2016, allegedly composed by Mayor Glas.

Please note the section which reads the City of Alcester is citing 1-27-1.5 (12) and (22) for denying the release of names. H-m-m why does that look familiar? Oh I know….

Now look a City Attorney Sam’s letter, please note the first paragraph section which reads, “…with respect to the 09/10/2019 request…SDCL 1-27-1.5 (12) and (22) exempt this information from disclosure…”

So did FO Pat get the 2016 citation from Beresford Sam?  So was Mayor Glas and FO Pat already cutting Alcester City Attorney Haugland out?

Ode to Sam*

*inspired by the poem Green Eggs and Ham by Dr. Seuss

Seuss, D. (1960). Green eggs and ham. New York: Beginner Books.

I am Sam! That is WHO says I am-I am Sam? Yeah, I AM Sam!

  • Do you like to eat crow from a can?
  • Sam does not eat crow from a can, Sam? Sam is that WHO says I am?
  • I do not like to eat crow from a can.
  • I do not want to eat crow from your hand!

 

  • Would you like to eat crow from a can?
  • Would you like to eat crow from my hand?
  • I would not like to eat crow from your hand
  • Of that I sure am! Nope, no crow for Sam-I-am

 

  • I would not like crow in a tiny house listening to Straus…
  • I would not like crow on a Second street…
  • I would not like crow on a North Third street…
  • I would not like crow on a Fifth street…
  • I would not like crow on South Main…that would be a pain

 

  • I will not eat crow even ‘on the house’…
  • I will not eat crow with a trial team…
  • I will not eat crow with a marine…
  • I will not eat crow in a lobby, I will not eat crow with a lobby
  • I will not eat crow even as a hobby ’cause

I am Sam! That is WHO says I am, I am Sam?

Right?

 

11/06/2019 A Voice From the Gallery

“Truth is like the sun. You can shut it out for a time, but it ain’t goin’ away.”

Elvis Presley

 …and neither am I…

Vickie

 Mayor Glas called the November 4, 2019, regular city council meeting to order at 6:00 p.m. with Council members Melissa Kay, Linda Talbott, David Larsen, Dan Haeder and Darla Reppe present. Also present was Alcester City Attorney Sam Nelson, Chief Jeff Christie and Alcester Police Officer Austin Schuller. Absent again this month was Council member Lance Johnson.The council approved the agenda without change and the October 2nd meeting minutes without change.

video was to be inserted here but due to human error and foul up the memory card was compromised.  My profound apologies.

Dwight Berglin presented the 2018 audit which was after a question posed by Councilman David Larsen concerning a rumored $60K shortage was approved as presented.

Mark DeRaney AMKO Advisors representative presented an option to change from the outstanding USDA Loans on the waste treatment and water tower to bonds. Mr. DeRaney needed signature approve by the mayor to move the process forward. The Mayor’s signature did not commit the city to anything more than a forward movement on the process. The council voted to allow the mayor to sign the agreement. Judging from the mayor’s expression, now they just have to ‘splain it to him.

Agenda Item #7-Public Input-

  1. I gave my opinion of the City Office proposed move to the Golf Course/Community building if it is built.
  2. Gordon Richard of the Alcester Union-Hudsonite Newspaper asked the question, what progress was being made on the ballot box complaint and investigation. Alcester City Attorney paused, then answered, “…no comment…”.
  3. Councilman Dan Haeder said he had been approached about a city dog park. Discussion ensued concerning where such a facility would be located the former ice skating rink in the park, maybe the ball field, who would pick up the poop–honor system (?) etc.

Agenda Item #8-Legal updates

  •  Cemetery transfer 01/01/20
  •  Sewer discharge/lines update-easement needed
  •  On-sale liquor-Hillbillies not renewing their liquor license

Agenda Item #9-Community Clean Up

  •  Possible condemnation of two properties

Agenda Item #10- Street Update

  •   Street Update-sump pump discharge into street. No discharge in winter
  •   Street sweeper-two broken sprockets and chain. Unknown fix-it charge.

 Agenda Item #11- Police Dept.  Up-dates

  •  Meth resurgence
  •   Suicide alerts
  •   School sign battery issues
  •  Advisory board make-up: Police Department, Fire Department, Alcester EMS and council members Haeder and Kay.

Agenda Item #13-Update given by Councilman David Larsen

Agenda Item #14-Tiny House

  •   Contact Patrick from Secog for zoning change
  •   Add R-4 to Residential district

Agenda Item #15-Finance Office

  •   Approve Warrants.
  •   City Letterhead change-FO Pat did not like the green.
  •   2020 Resolution for Fees.
  •   Community Building-according to FO Pat they must develope a menu to design the kitchen. Ya’all cannot afford the building let alone hire a chef that requires a speshal menu to design a commercial kitchen.
  •  Approve $2500 appraisal fee on the auditorium. Mayor failed to ask for discussion during the motion process.  Council voted to approve.
  •  Approve operating agreements with local bars.  With the community building bar set-up (no pun intended), the city will be a full-blown competitor with the private bars in the city.
  •   Resolution of fees 2019-08 Waste water discharge-a 5% raise in fees with a specific   minimum.
  •   Water Deposits levied.
  •   Flag Burning-Legion-Council approved.
  •   Special Meeting set in December approved for December 30th at 6:00 p.m.
  •   Reminders and updates.
  •   Wanda brought up the need for extra funding for meals for kids.  Councilman Dan Haeder made the comment, “…Prisoners eat free…”*  

*Funds received for the inmate, from any approved source, while the inmate is in custody of the Department of Corrections will be deposited into the inmate’s account.

Inmates may use the funds in their bank account to purchase items such as writing supplies, hygiene items and snacks. Court ordered financial obligations, special program financial obligations and costs incurred while in custody of the DOC are automatically withdrawn from an inmate’s account.

Each inmate has a bank account set up in their name. There are a number of subaccounts that can be utilized depending on DOC policy. 

https://doc.sd.gov/about/faq/finances

Agenda Item #16- HRC Update

  • Rents to increase $25 per month

Agenda Item#17-Community Flyer

  • Finance Office worked hard on getting the community flyer out-who paid for this? The labor and postage?

Agenda Item #18-Volunteer roster-nothing

Agenda Item#19 Executive Session-Contracts SDCL #1-25-2-4*

*1-25-2.   Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of:

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

                *https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx? Type=Statute&Statute=1-25-2

Agenda Item #19-Council went into Executive Session at 8:12 p.m. ostensibly to discuss contracts with the mayor, the council, FO Pat Jurrens and Alcester City Attorney Sam Nelson.

FO Pat Jurrens exited the executive session at 8:36 p.m. and remained in the atrium pacing back and forth until the Council was declared out of executive session at 9:09 p.m. Take my word for it, this never happens unless the council is discussing FO Pat. Please note the agenda notations for Agenda Item #19, obviously there was some sort of decision to occur. What happened?

Agenda Item #20-Executive Session for the purpose of discussing personnel. SDCL 1-25-2-1*

*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;

*https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=1-25-2

It is to be noted here the police department appeared to have been instructed to be available for Agenda Item#20 to be declared. Was there maybe some idea to interview about the Indictment?

Agenda item #20 did not happen.

Agenda Item #21-Adjourn

      Council adjourned at 9:11 p.m.

11/05/2019 A Voice From the Gallery

Not only does Mayor Glas not know what’s going on, he wouldn’t know what to do about it if he did unless the fish line attached to his head ‘n’ held tightly in FO Pat’s upper hand was yanked so he could see FO Pat’s look-at-me nod!

 

I would like to touch on my input during last evening’s city council meeting. Once again I voiced my opinion that the city offices DO NOT belong in the community building.

 

I spoke of the insult to the merchants on main street. Finance Officer Pat Jurrens once was the president of the local chamber of commerce, yet she wants to abandon downtown Alcester in favor of ‘classier digs’ as Mayor Glas described the proposed community center at the golf course. As Mayor Glas and Finance Officer Pat Jurrens prated on that current golf course personnel could not handle scheduling for events.   REALLY? And FO Pat can? Then tell me Mayor Magoo why did you violate Alcester City Ordinance to keep the city offices open from 8:00 am to 5:00 pm, Monday through Friday. The stated excuse—that Pat and Wanda just couldn’t get their city work done does NOT ring true!

Mayor Glas prattled people do not come into Alcester to go to city hall, they come to shop. H-m-m, seems to me Mark DeRaney of AMKO Advisers came to city hall, representatives from Congressman Dusty Johnson came to talk to the council (who didn’t show up) at city hall, or people looking for city information come to downtown Alcester. Finance Office is too small for Finance Officer Pat?–get rid of the clutter—-you know that over-sized ear imprint wallpaper does take up room. Maybe move the police department to the old high school for convenience and privacy from the finance office wallpaper.

Oh ‘n’ of course the allure of the at-FO’s-fingertips ‘cordial atmosphere’. Well maybe residents would be inclined to attend city council meetings regularly. But imagine the executive session lengths, so maybe not!

As to the recognition, that only lasts until the new finance officer has a garage sale Pinterest find. Remember the donation plaque for the Auditorium? Not so much? It is no longer hanging in the atrium, so where did FO Pinterest consign that RECOGNITION? Your family named upon that plaque? ASK FO Pat!  Peter and I donated a ball washer to the golf course, within weeks it was vandalized, destroyed and when the ball washer was replaced (I assume by insurance funds)—-Lo and Behold the ball washer had a new donor name. Thank you!   Or when Peter and I donated Christmas lights, the lights stopped at the railroad tracks. Thank you! So my answer to the donate brochure Pat and Wanda spent city time assembling and mailing with the fond hope of ruling over the golf course community building —NO THANKS, as long as the plan is to move Alcester City Offices to the golf course community building—-ABSOULTELY NO !

 

FOLKS IF YOU FEEL THE SAME TELL THE CITY COUNCIL HOW YOU FEEL, IF THEY IGNORE US—-RECALL, WE CAN REPEAL.

 

 

 

 

 

 

 

 

 

 

10/24/2019 A Voice From the Gallery

So–Fo Pat

I hear tell ya think yer doin’ well.

An’ good things are comin’ to you.

I wish I had yer confidence ma’am an’

you had to do-wacka, do-wacka, do-wacka-do.!

 

I see yer runnin’ free,

An yer work days in yer office been few.

I wanna recall yer good luck Tom an’

give you some do-wacka, do-wacka, do-wacka-do.

I see you truckin’ down the street with yer travelin crew

ya got a Johnson in the front and a Glas in the back tailgatin’ you

Yeah, an way back ya got my money in yer sack,

with yer key in the ballot box and yer ears pinned back

root-doot-doot-doot-doot-do-wah!

 

I hear tell ya think yer doin’ well,

An’ good things are comin’ to you.

I wish I had yer confidence ma’am an’

you had a do-wacka, do-wacka, do-wacka-do*

(*inspiration Roger Miller’s 1965 song (and You Had A) Do-Wacka-Do “Do-Wacka-Do Lyrics.” Lyrics.com. STANDS4 LLC, 2019. Web. 25 Oct. 2019. <https://www.lyrics.com/lyric/598190/Roger+Miller>.)

 

 

I hear tell FO Pat is running around trying to get support for Councilman Lance Johnson’s Fifth Wheel Fiasco.

Councilman Johnson has violated the CCR’s that run with the land at 518A Anderson Street. Unfortunately the CCR’s allow for a change after twenty-five years which appear to be imminent for Lots One (1) through Eleven (11) of Block Seven (7), Lots One (1) through Three (3) and Lot Seven (7) of Block Eight (8), Lots One (1) through Four (4) of Block Nine (9) and Lots One (1), Two (2) and Seven (7) though Ten (10) of Block (10) of Numsen Addition, being a part of Tract Three (3) in the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) and in the Northwest Quarter of the Northeast Quarter (NW1/4NE1/4) of Section Twenty-Seven (27), Township Ninety-five (95) North, Range Forty-Nine (49), West of the 5th P.M., City of Alcester, Union County, South Dakota according to the recorded plat thereof.

 

 

Specifically note #items 1, #4, #5, #14, and #15 listed in the covenants. Read for yourselves.

To the folks living in the above mentioned Blocks, unless you want some boxcar type dwelling or storage garage next to your $200K home, vote against the change in CCR. It must be a public vote of A MAJORITY OF THOSE NEIGHBORS AND LAND OWNERS affected. It is not a vote of the council.

Tell FO Pat NO, tell Councilman Lance Johnson NO, A covenant change can mess with the value of your home and property investment—check it out for yourselves. It is your right!

 

Just tell FO Pat to take her DO AND WACKA-IT DOWN THE STREET!

10/17/2019 A Voice From the Gallery

NOTE:  Significant beneficiary of this change Of Planning & Zoning is Alcester City Councilman Lance Johnson who by his admission in the March meeting wanted to build a garage on North Anderson Street to house his fifth wheel trailer.  First Lance Johnson has already violated “regulations, agreements and conditions running with land” on the parcel ID 01.11.10.1035.  #1. “… No structure shall be erected on any of said lots except for residential purposes…”Residential purposes shall be defined as a single family or duplex residences…”   #4. “No residential lot shall be re-subdivided…”

Folks we have a councilman who has seems to adhere to the theory of self-entitlement Alcester City Councilman Lance Johnson during the April Mayoral Election allegedly destroyed campaign signs put up by Mayoral candidate Mike Bucholz, a witnessed event.

Then Alcester City Councilman Lance Johnson got all Roosterie, a squawkin’, flappin’ his wings, puffin’ his chest out and struttin’ all stiff legged down to the Police Department alleging I trespassed on “his prop purty” and threatened to arrest me for criminal trespass.

What did I do? I asked the work crew where the building permit was, standing in the middle of Anderson Street. An’ ol’ Alcester Councilman Johnson got all bent out of shape. Imagine what he would have done if I had torn down his campaign posters?

Folks the definition of criminal trespass is below:

SDCL 22-35-6.   Entering or refusing to leave property after notice–Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:

  1. Actual communication to the person who subsequently commits the trespass;             
  2. Posting in a manner reasonably likely to come to the attention of trespassers; 
  3. Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor.  However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.  (Source: SL 1976, ch 158, § 35-2; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.) 

 But Alcester City Councilman Lance Johnson seems to think it is okay for him to rip down a campaign poster and signs—–stealing campaign signs violates the law.

So Councilman Lance Johnson it is okay for you to rip down and destroy campaign signs during an election but you threaten me for asking where your building permit is while standing in the middle of a public street?

Let’s talk about the building permit. FO Pat Jurrens says there is no requirement when the permit should be posted—

WRONG, LOOK AT THE PERMIT

LOOK AT THE APPLICATION—THIS IS RESIDENTIAL LAND NOT AG LAND—ALCESTER CITY COUNCILMAN LANCE JOHNSON FALSIFIED THE APPLICATION.

                                              THERE IS STILL NO PERMIT ON THE PROP-PURTY

 

ALL BUILDING MUST STOP UNTIL ALL VIOLATIONS ARE CURED!

10/09/2019 A Voice From the Gallery

 

As most of you have heard by now, Finance Officer Patrica Jurrens was arrested for lying to law enforcement.

The article in the October 9, 2019, page 4 of The Akron Hometowner explains most of the action. The legal document stands as verification.

I have heard that Alcester City Council President Dan Haeder is pro tem mayor in Mayor Glas’ absence. I am troubled that Finance Officer Jurrens has not been placed on restricted duty or even relieved of her duties until a hearing has convened.

My rationale is if a grand jury found enough evidence to indict, issued an indictment, and an arrest warrant, how can the Alcester City Council have any confidence they are being told the truth especially in the light the Alcester City Council was encouraged by Finance Officer Jurrens to open the ballot box during the election canvass of April 9, 2019, when she knew better.

How can the council members trust a Finance Officer who according to the indictment lied to law enforcement not once but twice?  What else don’t we know?  What don’t we know about the interaction between Finance Officer Patricia Jurrens and Code Enforcement Officer Geoff Fillingsness and his affidavit to gain an administrative warrant of inspection?

10/04/2019 A Voice From the Gallery

“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.”
Atifete Jahjaga

The October 2, 2019, regular meeting of the Alcester City Council convened at the Alcester Golf Course Clubhouse at 6:00 pm with Mayor Glas, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present. Absent was Ward III Councilman Lance Johnson. Also present were Jon Serck, Alcester EMS; Geoff Fillingsness, Alcester Code Enforcement Officer, Alcester Chief of Police Jeff Christie, Police Officer Austin Schuller and Former Finance Officer Michael Kezar and other interested folks.

I want to start with the fact the meeting was opened at the Alcester city shop for a tour from 5:30pm to 5:45pm. I did not attend that meeting so whether the meeting was in fact opened, the meeting was adjourned or whether any city business was conducted I have no first-hand knowledge.

The Pledge of Allegiance was recited, the agenda was approved with a unanimous five (5) aye vote and the minutes of the September 4, 2019, and September 16, 2019, meeting were approved with no changes with a unanimous five (5) aye vote.

Agenda Item #5 Public Input    I,  had public input. My topic was the city charging Alcester EMS for sewer and garbage, see the demand letter from the city of Alcester. Also please note the Alcester City Finance Officer’s response to my question and the response from Alcester EMS Jon Serck. (00:08:52)

I also spoke on the topic of Finance Officer Patricia Jurrens refusal to hand over FOIA, specifically dealing with the Property Maintenance Violations list. Alcester City Attorney Sam Nelson’s position these are not public records, I argued the City of Sioux Falls has their Property Maintenance violation citations on their website so this sets a precedence for Alcester to provide these public records and in 2016 the city provided me the property maintenance code violations with an argument but I got them. I handed Alcester City Attorney Sam Nelson a copy of those SF violation records from September 2019 as proof.   I EXPECT THOSE RECORDS TO BE PROVIDED TO ME!

Code Officer Geoff Fillingsness stuck his nose into the discussion (00:13:25) Code Officer Fillingsness stated, “I am the president of the South Dakota Association of Code Enforcement!” O-h-o-o-o-o! Really? Mr. President of the SD Association of Code Enforcement states, “…we (the code association respect the privacy… we do not release names of violations…” Really? When asked the question why he (Code Officer Fillingsness) was no longer the Beresford Code Enforcement Officer, Code Officer Geoff said (00:16:39), “I was fired…you want to know why I was fired?” Listen to why he says he was fired. Do you ‘spose’ the new mayor of Beresford would agree with that assessment? I doubt it!

LOOK AT THE PURPOSE OF THE SD ASSOCIATION OF CODE ENFORCEMENT set forth on the SDML website (www.sdmunicipalleague.org/codeenforcement) South Dakota Municipal League South Dakota, October 6, 2019, South Dakota Association of Code Enforcement)

  • “To operate, without profit to the Association, or its members, as a state association to advance, educate and improve efforts of state, county, city and other political subdivision employees who are actively involved with and responsible for the enforcement of housing, municipal, county, state or federal codes without regard to race, creed, color, national origin, or sex.

  • To encourage professionalism with regard to the standardization of enforcement of environmental, and housing codes.

  • To supply and advance the science and practice of code enforcement through certification and to provide training workshops, seminars and conferences facilitating and advancing the administration of the various codes with which the Association is concerned.

  • To exchange information relating to the code enforcement profession.

  • To promote policies that will facilitate and improve code enforcement procedures”

Mr. Code Officer Fillingsness please explain bullet point #2, “…to encourage professionalism with regard to the standardization of enforcement of environment and housing codes…” I mean just how does that work in YOUR world? I mean when ya’ll don’t know if the judge is a he or a she. If ya’ll left your paperwork in your car? Really. Oh an’ yeah, who was the affiant who attested to alleged conditions? You do know lying to a judge or making a false statement is as illegal as making a false police report just ask Pat.

Folks you need look and listen to Pat at (00:16:39) during the discussion on my FOIA request. FO Pat asked the question, “…Why do you want this information…?” Councilman Melissa Kay hushed FO Pat, ’cause FO Pat cannot legally ask that question! Amazing!

With regard to my FOIA request, Mayor Glas announced (00:21:47) he was going to follow Alcester City Attorney Sam Nelson’s advice. Mr. Mayor, YOU were not so willing with the previous city attorney! Really Mayor, you just declared you were going to refuse me access to public records? You might want to check the penalty on that one!

Agenda Item#6 Mike Kezar’s appeal of the Property Maintenance Violation Citation. You really have to hand it to President Code Officer Geoff Fillingsness, he cited lack of smoke alarms, flower pots without flowers, vermin and having a kitchen in the basement. Really? How many of you folks have smoke alarms in every bedroom, how many of you folks have mousetraps in your homes, how many of you folks have a kitchen in a lower level part of your home and how many of you have an empty flower pot or two. I do, in fact I have pot-people sitting in the front of my home.

In addition, I have filed two property maintenance violation complaints and President Code Officer Fillingsness has ignored them. I do believe that is called selective administration of Code and I do believe that is failing to do his duty.  It is called non-feasance or in this case I believe President Code Officer Fillingsness is guilty of malfeasance.

President Code Officer Fillingsness gave his opinion on Mr. Kezar’s garage, I wonder how much President Code Office Fillingsness will pad his bill for unsolicited advice?

Agenda Item #16 Tiny House- Folks unless you want Tiny Homes next to your home, do not allow these portable potty trains into your neighborhood. There is no real estate tax benefit to these playhouses for the community.

Agenda Item #17-Fiance Office Update-Councilwoman Melissa Kay question FO Pat about the city website AGAIN. FO Pat responded I will be working on it. That is like the Fat Lady in the Circus working on her diet while she is munching on a fresh fried donut dunked in glaze.

Agenda Item #23 Executive Session-Contracts- The council moved into Executive session at 7:58 PM and I was ushered out into the cold, dark misting night and all by my lonesome. I huddled near the windows of the clubhouse, watching the council ‘disgust’ contracts. I wonder what they would say if I told them I could read lips or I was videotaping them?* At 8:16 PM the door was opened and I was allowed to come in from the cold.

The council adjourned at 8:17 PM.

Note: I understand there was a recent happening. It is my understanding there was a false report? If that information is accurate, the Alcester FO must be relieved of her duties until the situation is resolved through the courts. The Alcester FO is in charge of Alcester’s monies and with the quality of over-sight of Mayor Magoo Glas, that has the feel of the Fox taking inventory of the hen house egg production!  More to come!

*By the way, I cannot read lips and the camera was shut down!