Tag: Farmers Cooperative Society

06/05/2023 A Voice From the Gallery

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

Ambrose Bierce -The Devil’s Dictionary

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

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

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

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

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

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

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

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

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

          (00:18:55.27) VICKIE LARSEN INPUT –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Kyle VandenHul – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

03/06/2023 A Voice From the Gallery

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

(00:00:47.63)  AGENDA ITEM #3 – APPROVE AGENDA – Vote X3Ayes.

(00:01:42.47)  AGENDA ITEM #4 – APPROVE MINUTES OF FEB. 6 & 20 –  Vote X3 Ayes.

(00:02:18.90) AGENDA ITEM #5 – CONTRACT AMENDMENT # 2  BANNER            ENGINEERING – This contract amendment #2 had three parts  1)  Second rebidding services due to failure on the city finance office to  publish and advertise bids for the project.  2) Construction phase to begin 2023 through 2024. 3) Construction observation.  Ms. Miller, Banner representative stated the re-bid process would have happened anyway.  Cost of this re-bid $17,100.00.  Ms. Miller, Banner representative added an administrative cost for labor and mileage encompassing 244 trip between SF and Alcester.  Cost of administrative labor, mileage and etc. is $24,500.00. Ms. Miller, Banner representative quoted a final observation cost of $18,300.00.  The amended and additional costs of the project totaled $59,900.00,  Allegedly 70% of the project cost is in grants, Arpa funding and Covid funding with 30% left to taxpayers?  Vote X3 Ayes.

(00:10:27.30)   AGENDA ITEM #6 – 1 MORE BAR – SPECIAL PERMIT –    Augustine LaFramboise.  Seeking special permit for street dance event.  After some discussion the motion was made to allow the permit with the contingency 1 More Bar provide liability insurance.  Vote X3 Ayes.

(00:12:46.17)  AGENDA ITEM #7 – PREMIER BANK JAIMEY SCHEMMP – DISCUSSION  Mr. Schempp addressed the council outlining the bank’s plan to add drive-up teller access along the east side of the bank which would take away six (6) parking spots on the west side of Iowa street. After Mr. Schempp’s remarks he asked for questions and input from the council.   The council members listened to Mr. Schempp’s outline and were concerned with the reduction of parking spaces asking for examples of this type of teller access on an active street within a municipality.  This was merely a discussion and explanation of plans with no action taken.

(00:25:30.97)  AGENDA ITEM #8 – STREET UPDATES  LONNIE  jOHNSON – BUDGET CHANGES – Gist of this issue is the proposed purchase of an asphalt paver and asphalt roller to effect more efficient building and repair of our city streets.  The question put to the council was Chip option versus Asphalt?  Chip seal was not as long lived but considerably cheaper than asphalt.  Asphalt provided a longer life and smoother streets.  The idea of purchasing paving machine and a roller out-of-the street budget was presented with the argument than the projected cost of used machines would equal to the cost of Four (4) blocks of “contracted” paving.  Summarizing that purchasing the machines would be the same cost as a one- time, Four (4) block contract paving.  Two pavers were mentioned in Mr.    Johnson’s discussion were a Cummins Paver with 3044* hours priced at $37,900.00, a Bomag ProPaver with 1860* hours priced at $34,500.00 and a Roller 2017 with 651* hours at $10,500.00.  Total cost high end $48,400.00 to low end $45,00.00 depending on as-is inspection plus delivery costs.  Motion was made and seconded to amend the Street Department Budge to support the purchase of this equipment at the $48,400.00 cost plus delivery costs.  Vote X3 Ayes.

*

(00:44:46.20)  AGENDA ITEM #9 –  PUBLIC INPUT  (00:44:53.43)  Rich Akland – Announced a Pickle Ball Tournament April 1, 2023, partial proceeds to benefit the Golf course.  (00:47:19.43) Mayor Pro-Tem Lukas – Announced a third (3rd) installment of $25,000.00 donation presented to him by Jerry Joachim.  Mayor Pro-Tem Lukas also announced the bar basement had been cleaned out, found mold present and the city was in the process of taking care of that and Mayor Pro-Tem Lukas has received a complaint by a party on Broad Street of a very large pig and the complainant did not think that was proper.  (00:48:04.80) Vickie Larsen – Addressed concerns of a possible conflict of interest by our legal representative offering legal advice to Burkes regarding their demand of property taxation return.  I also addressed resident concerns on quorums maintained or not maintained in council meetings.  Some of these concerns came from former council persons and mayors.  Finally I addressed the Plat and Zoning of a water way south of the FCS property.  While searching statutes, erosion controls and so forth as it applies to the creek which runs along South Street westward outside of city limits, I discovered a civil lawsuit launched by FCS against the City of Alcester and Land Owners south of the property annexed into the city borders around February 2016.  This is a civil lawsuit #63CIV22-00048 Titled FARMERS CO-OPERATIVE SOCIETY Plaintiff vs. City of Alcester and other co-defendants.  It appears that FSC is laying claim to a strip of land running west of Iowa Street, extending from the two large culverts in the juncture of Iowa Street and South Street.  Now Folks this would be an extension of South Street but for the fact it is a water way.  SDLRC 11-2 Water Rights- “In South Dakota all water is the property of the people and the right to use of that water through…” 

A-N-D WHY? were the residents of Alcester kept in the dark about this lawsuit?  This was filed in 2022 during the reign of Mayor Haeder.  Attending documents indicate service documents and receipt of service documents, nowhere did I find any negotiations and it appears this issue is still pending.

(00:53:56.57) Public comment on Public comment?  lol

The lawsuit to which I referred is a civil lawsuit allegedly to quiet a title but might give FSC the idea they can re-route water flow and take advantage of moving boundaries to benefit them. 

Much like what happened with Carter Lake in Iowa.  The Missouri River changed its course creating an orphan community on the west side of the river when the two nearby cities of Omaha and Council Bluffs wanted no part of providing any services to it.   Finally Carter Lake was adopted by the state of Iowa in 1930 and it remains in Iowa to this day.  A small exclave surrounded by Nebraska and suffering legal chaos, two Supreme Court rulings as reported by John Schreier in his article, “Carter Lake’s colorful, confusing history”.   https://cityofcarterlake.com/departments/city-hall-department/history/ 

(00:57:13.23) Gordon Richard  asked the question he had been asked by community members. why is the bar never open?

(00:58:59.27) AGENDA ITEM #10  – GOLF COURSE – DISCUSSION OF VACANCY  ISSUE TABLED NO ACTION

(00:01:02:35.37)   AGENDA ITEM #11 – LEGAL UPDATES  ATTORNEYS       FELTS AND NELSON?  NO SHOW

(00:01:02:43.57)  AGENDA ITEM #12  – WATERMAN BILL APPROVAL – $1240.82 Restroom repair at the bar.  Vote X3 Ayes

 AGENDA ITEM #13  – ORDINANCE 2023-02 DISCRETIONARY   TAXATION OF REAL PROPERTY  SECOND READING  ERROR HELD OVER FROM PREVIOUS AGENDA IN ERROR.

(00:01:05:46.17) AGENDA ITEM #14  PLAT MAP APPROVAL Plats of Lots      1 & 2 south Addition, An Addition in the Southeast 1.4 of Section28,   T95N, 5thPM, City Alcester, Union County, South Dakota .  Movement into Planning and Zoning Board did not happen.  Discussion continued with   regard should annexation happen before platting land outside of city limits.

          Issue was tabled until Lawyers show up!

(00:01:16:26.33)  AGENDA ITEM #15  FINANCE OFFICE UPDATE

          (00:01:17:48.60)  Annual report 2022 approval  VoteX3 Ayes

          (00:01:26:25.80)  Board of Equalization meeting set 03/20/2023 6:00   p.m.  Vote X3 Ayes.

(00:01:29:50.63)  AGENDA ITEM #16 – EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL  NOT NEEDED

(00:1:30:00.37)  AGENDA ITEM #17  ADJOURN  7:31 PM

Contact City Council

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517