Tag: FCS CEO John McDaniel

07/18/2023 A Voice From the Gallery

You have enemies?  Good.  That means you stood up for something, sometime in your life.

WINSTON CHURCHILL

https://youtu.be/WYUHCMFzVFY?si=gFnIpCBbNk-UUcfI

The July 18, 2023, Alcester City Council meeting was called to order by Mayor Lukas Driesen with a recitation of the Pledge of Allegiance by the council and members of the gallery.  Present were Councilwoman Darla Reppe, Councilwoman Kendra Hatle, Councilman Kerry Hedden, Councilwoman Cyndi Peeples, Councilman Kyle Van Den Hul,Brian Johnson, Alcester City Attorney Sam Nelson and Alcester City Attorney Austin Felts.  This happened before recording began.

* I will note here that I am transcribing this information solely and directly from the recording of the July 18, 2023, meeting October 27, 2023.         

Agenda item #3  Approve Agenda.  Approved

Agenda item #4  Public Input  (00:19.39) Public input was received by Councilwoman Cyndi Peeples and Councilwoman Kendra Hatle.  (00:08:26.47) “Bookkeeping schooling” from an unknown female. 

My opinion of this query/interrogation, is that this individual has little to no experience in Class II (those with populations of 500 to 5000) South Dakota Municipal bookkeeping/accounting.

Agenda item #5   Community Center/Golf Course  (00:13:23.30)  Update was given by Landon Nygard.  Discussion of needed a double door freezer.

Agenda Item #6   Employee matter   (00:21:41.67)  Executive session SDCL 1-25-2.1 discussion from 6:23 P.M. to 8:19 P.M. which given the roll call vote taken at 7:53 P.M. in the July 24, 2023, special meeting, culminated in the termination of Patricia Jurrens as Alcester City Finance Officer. 

Agenda item #7   Police Department  (00:22:46.41)  Discussion and updates included the ever present need for part-time law enforcement, the need for hire wages for the department and the lack of cooperation between the sheriff’s department with regard to mutual aid situations.

Agenda item #8   Legal Updates (00:40:24.84)  After the action discussed in Agenda item #6 any need for update was not shareable.

Agenda item #9  East Clark Building Permit  (00:40:38.43)  This issue involved a commentary by Cecil Gylfe and John McDaniel with regard to the railroad easement and FCS building permit.  At no point in the video nor in Finance Officer Pat Jurrens rendition of the July 18, 2023, city meeting minutes did I hear or see an approval to issue a building permit to FCS for their scales.  (00:52:27.70)  Executive session SDCL 1-25-2.3 Legal counsel in at 8:49 P.M., out at 9:12 P.M.

Agenda item #10  Fairgrounds Evidently was tabled to the next meeting.

Agenda item #11   Camera Quote  (00:53:25.36) 

Agenda item #12   Burn permit   (00:54:04.44)  Flag retirement

Agenda item #13   Finance Office Update  (00:54:51.18) 

Agenda item #14   Executive session not needed  (00:01:01.57)

Agenda Item #15    Adjourn  (00:01:11.02)   9:19 P.M.

*This video was delayed in publication. Many things were going on, I had someone else video the meeting and it took me forever to get back to it and process it. I do apologize.

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

06/06/2022 A Voice From the Gallery

“I just think we need more accountability and more transparency…”  

John Thune

H-m-m-m

“Remember upon the conduct of each depends the fate of all…”         

Alexander the Great

          The  June 6, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – (01:20.43)  Approve the agenda.

          Agenda item #4 – (01:51.60)  Approve minutes of the May 2 and May 16th meetings

          Agenda Item #5 – (02:29.37)  Ward II Council Vacancies – The Council was introduced to Mr. Kyle Vanderhall resident of Ward II who appeared to be considered for one of the Ward II vacancies.  Mr. Vanderhall was not a registered voter within the city of Alcester, but was interviewed in Executive Session in by the Council and of course our pseudo-council member FOPAT.  (04:26.80)  listen to Mayor Header’s explain of Executive Session and secrecy to Mr. Vanderhall.  (07:47.27) Now folks the council went into Executive Session for SDCL 1-25-2.1 Personnel.

 SDCL 1-25-2.1  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.” 

Note*  While the council is held to non-disclosure of all elements of the Executive Session discussions, all actions arising from decisions must be taken in open session.  It is my information the interviewee if free to disclose what information he/she shared with the council as he/she chooses.

          Agenda item #6 – (08:05.63)  Public Input

                    Vickie Larsen – (08:13.03)  Comments:

                   Alcester Bar Lease versus Sale   (08:26.26)          

                   Water bills                                   (09:05.00)        

                   Council working as janitors      (10:43.97)

                   Councilwoman Reppe  (11:45.40)  Comments:

                     Event center restaurant heat (fried wires?)       (12:00.53)

                     Parking Issues                                                   (14:00.00)

                     Cell phone abuse                                               (14:40.53)

                     Deeds to cemetery plots                                    (15:24.97)

                     P.O.S. System (point of sale)                            (15:29.10)

                     Alcohol on Golf Course BYOB                        (15:46.77) 

          This discussion gets interesting due to past behaviors.  Take special note of Mayor Haeder’s comments on stealing from the city: (17:59.93), “…you bring your own alcohol, you’re, you’re stealing from the city…”  So Mayor Haeder, where was your moral outrage October 26, 2019, mid-November 2019 during the BYOB birthday bash held at the Golf Course by FOPAT?  At that time you were a seated Alcester City Councilman, what was your definition of stealing or better yet embezzlement by a city employee?  At that point Sir you had access to Alcester Ordinance 4.0304 Operating Agreements, Alcester Ordinance 4.0308 Possession of Alcoholic Beverages, and 4.0313 Penalties, so you knew an employee stole/embezzled from the city of Alcester, unless you are a complete and utter dolt.  When you saw the Circuit Court filings –  State of South Dakota v. Patricia Rose Jurrens pursuant to SDCL 35-1-5.6 just how did YOU respond or did you even respond?  I saw no evidence the council took any action to suspend FOPAT from her duties without pay or to fire her sorry behind.  Were you really taken in with the, “…I didn’t know it was a violation, whine…”?  Come on Mayor Haeder,  Finance Officer Jurrens was in charge of the licensing procedures and knew full well the terms and conditions of alcohol licensure and she certainly had ready access to Alcester City Attorney Sam Nelson for city legal advice.  As a seated Alcester City Councilman Mr. Haeder YOU had access to legal advice for the protection of the city of Alcester.

          Councilwoman Linda Talbot  (18:22.80) Comments

           Janitorial costs and job  $1700.00 per month to clean the Albatross.

           (23:08.17) Dress Code at the Albatross  (31:26.43) Really?  Simple-elegant described as tasteful richness of design or ornamentation the sumptuous elegance of the furnishings…plastic tables…run-of-the-mill banquet chairs, Logo T-shirts, shorts, Capri’s with money aprons speak to car-hop elegance in wait staff.  Yeah right.

          Agenda Item #7 – Legal Update  (35:02.13)  Executive Session SDCL 1-25-2.3  6:54 p.m. to 7:32 p.m.  (37:46.43) Action taken upon exit from Executive Session to authorize settlement negotiations and settlement at the amount requested by legal counsel.  Unanimously approved  (38:43.30)  Action taken upon council exit from Executive Session authorizing city response to litigation initiated by FCS to quiet Title.

          Agenda Item # 8 – (39:40.03)  Police Department Chief Schuller

          Agenda Item #9 – (44:24.80)  Alcester Bar – Notice to Bidders        

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed regarding the previous repair issues.  The city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.  (47:27.53)  Discussion followed what the council would do if they decided to sell the building.  Mayor Haeder remarked about an interest in leasing the Bar building.  Unclear whether the interest was to operate the property as a bar or not. 

          I would suggest to the interested party to make some sort of rent-to-purchase offer for one year.  Test the market of bar operation with payments and property maintenance expenses over the twelve month period.  Upon the termination of the lease, rent would be either applied to the agreed upon purchase price commensurate with the upfront appraisal prior to lease or the rent would be applied.  Upon rejection of exercise to purchase, the city would review the nature of and monetary expenditure amounts making the decision to follow through on the sale of the property and declare the bar surplus.

          (55:41.83)  The City needs to make the decision to SPEND or END OWNERSHIP of properties.  (57:43.50)  Issue TABLED

Let the City Council Know!

          Agenda Item #10 – Liquor Licenses  (57:53.20)  Two entities expressed interest through applications in obtaining the Off-Sale Liquor Licenses.  JKVB, LLC doing business as Alcester Quickstop and Alcester Groceries doing business as Total Stop Food Store.   (58:40.53)  Public hearing scheduled for July 18, 2022, at 7:00 P.M.

          Agenda Item #11 – Fairground/FCS Update (59:47.27)  No update

          Agenda Item #12 – Budget Blinds (1:00:15.53)  Authorization to purchase blinds for the community building at a cost of $2240.80 to be taken from the Golf Fund.  City derives NO city sales tax ’cause it is benefiting from city ownership.

          Agenda Item #13 – Resolution 2022-02 (1:02:26.93)  Resolution 2022-02 giving approval to certain sewer facility improvements;  giving approval to the issuance and sale of Revenue Bond to finance, directly or indirectly, the improvements to the facilities; approving the form of the Loan Agreement and Revenue Bond and pledging project revenues and collateral to secure the payment of the Revenue Bond; and creating special funds and accounts for the administration of funds for operation of the system and retirement of the Revenue Bond and providing for a segregated special charge for the payment of bonds.  It is important to note the implications of what I have italicized.

Council approved unanimously without discussion.

          Agenda Item #14 – Golf Course  (1:04:57.07)  Declare Wire Patio Furniture from the Golf Course as surplus, sell and donate proceeds to the Alcester Care and Rehab Center.   Council voted to unanimously declare the furniture as surplus and donate any proceeds from the sale to the Care Center.

          Motion to Hire Lincoln Burke as server at a rate of $7.00 per hour.  Vote was unanimous to hire.

          Agenda Item #15 – Finance Office (1:09:10.50) 

          (1:12:37.55)  Due to lack of quorum the council decided to cancel the June 20, 2022, regular meeting of the Alcester City Council.

          (1:13:57.23)   Apparently FOPAT has taken it upon herself as city expansion/developer suggesting two options in which the city of Alcester may expand its borders.  One I believe to be the property described as containing approximately 72 acres under the ownership of the Alcester Industrial Park Inc.  This option would create a problem for the City Owned Perpetual Care Cemetery, Pleasant Hill.  Perpetual care involves a fund created specifically to maintain cemetery grounds, mausoleums, crypts, and any other aspects of a cemetery and where a percentage of the sale price goes towards the perpetual fund.  Now folks the important thing here is to actually have perpetual available land to sell plots. If the land to the north of the cemetery is sold into residential development that leaves the corn field to the east as the sole perpetual source of burial plots. 

          The second option is the hayfield south of Anderson Street containing some 16-17 acres with a train track traversing the southern edge and with a water run-off from Lee Drive and a natural creek running in the East border.  Oh and lest we forget the topography of a hill and lowland, sans street and the accoutrements of civilized living such as sewer, water and electrical.

          Choices-Choices

          Agenda Item #16  –  HRC  (1:21:52.37)  No significant report

          Agenda Item #17  – Union County Fair  (1:23:25.77)  No report

          Agenda Item #18 – Executive Session SDCL 1-25-2.1 Personnel     (1:25:02.57)

          Into Executive Session at 8:20 P.M.

          Out of Executive Session at 9:12 P.M.  Duration of 52 minutes of discussing personnel with FOPAT and City Attorney Sam in attendance with the council.  M-m-m!

          Agenda Item #19  Adjourn (1:25:47.00)  Meeting Adjourned at 9:13 P.M.

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel            Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey         Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer             Kevin.Joffer@unioncountysd.org

05/16/2022 A View From the Gallery

Education is not the learning of facts but the TRAINING of the mind to THINK

Albert Einstein

          The  May 16, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – Approve the agenda.

          Agenda item #4 – Ward II council seat vacancies – no takers.

          Agenda item #5 – Public Input

                   Vickie Larsen – I spoke to the Mayor Haeder resistance to Direct Deposit for his employees.  Instead he continues to shirk his duty as mayor to sign checks and cause delays in employees being paid.  Mayor, if you cannot fulfill your duties as mayor, step aside ‘butter-cup’ and let someone DO the job and not wait for FOPAT tell you what to do.  I ‘pontificated’ on the need to dump excess baggage of the Code Enforcement albatross.  Common sense tells us we have property nuisances, Property Maintenance Guides and statute define what constitutes a nuisance, and if we must put some legal muscle into fulfilling the property maintenance ordinances we most assuredly have an attorney who can handle the ins and outs of the legal process with Alcester City Attorney Sam.  Why do we need to spend $25.00 per hour to interpret common sense, a yea-sayer who writes up nuisances described to him by FOPAT and we have a self-proclaimed ‘expert’ (definition ‘ex’=unknown quantity and ‘spurt’ = drip under water pressure. So Mr. Fillingsness does come into Alcester charging $25.00 per hour after hour for the same nuisance (one could say a FO) which exerts her opinion (an unknown quantity of  FOPressure to do her take on the nuisance.)  H-m-m.

                   James Bolin (r) introduced himself as a returning senate candidate South Dakota District 16.

                   Richard Vasgaard (r) introduced himself as a returning candidate for representative South Dakota District 16.

                   Councilwoman Darla Reppe spoke to complains Mike Burke’s captive too-tall grass behind his fence.

                   Councilwoman Linda Talbott spoke to complaints of cats, rats and raccoons.

          Agenda Item #6 – Alcester Bar.  Theresa Deem lessee, presented her ninety (90) day notice of termination of her lease with the city for the bar building stating, “…she has had it…”  She presented the notice in person and in the form of a written statement dated May 16, 2022, and with the termination and vacation of the city property on August 15, 2022.  Mayor Haeder waxed poetic about Captains of Industry, yet it was his call to set the city up in competition to the Deems business at the Alcester Bar. 

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed and the city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.

Let the City Council Know!

          Agenda Item #7 – Community Center Update  Clint Nyreen

          Agenda Item #8 – Golf Course Hire David Larsen as Clubhouse  Attendant and Greens keeper.  Now this could get entertaining.  Now that Mr. Larsen no longer carries the power of Councilman, how do you ‘spose he is going to tolerate orders from Landon and FOPAT.  Is it too late to put cameras in the clubhouse for instant replay?  Mr. Larsen was hired at $13.50 per hour.

          Agenda Item #9 – Legal Updates – Sam

          Agenda Item #10 – Executive Session to discuss issues under the guise of SDCL 1-25-2.1 (Personnel) and SDCL 1-25-2.3 (Legal consultation).  Session started at 6:39 p.m. and ended at 7:53 p.m.

          One must assume this session dealt with the condemnation as well as the upcoming meetings with FCS, Jerry Miller, Union County Commissions dealing with the sale of properties to FCS.  One has to wonder what piddly amount FCS is going to offer for the land?

          Agenda Item #11 – Fairground discussion  Authorize Alcester Attorney Sam to appraise city property – not to exceed $7500.00.  Approved unanimously.

          Agenda Item #12 – Affordable Housing

          Agenda Item #13 – Wastewater Tanya

          Agenda Item #14 – Street Repair Vote to allow yet another rental of equipment to chew up the streets and make them flat again.  $1800.00 for one month rental approved unanimously.

          Agenda Item #15 – Plat map Joint Meeting of the City Council and the City Council acting as Planning and Zoning Committee to recommend and receive recommendation from the same four council members regarding the plat containing what is referred to as the four-plex on Lee Drive. ( Lots 8 thru 11, Block 8, Numsen Addition)  Motions were approved unanimously on this issue.

          Agenda Item #16 – Chairperson updates (busy work for the council members, like they have not had their duties increased already)

          Agenda Item #17 – Golf Course/Albatross  Addition of two greens-keepers above David Larsen, and the Addition of three clubhouse attendants.  Wages ranging from $11.00 per hour to $13.50 per hour.  Approved unanimously.

          Agenda Item #18 – Finance Office Updates

          Hire of Abigail Moore to the aide to the finance Officer.  So now we have Moore or FOPAT’less’ in the city offices.  Council Approved unanimously Moore at $14.50 per hour.

 Addition of a Library Board member at the termination of David Larsen. Councilmember Cyndi Peeples volunteered for the post and was accepted 3 ayes with one abstention declared by Councilwoman Peeples.

          Agenda Item #19  HRC Update

          Agenda Item #20  County Fair Update None

          Agenda Item # 21 – Executive Session  not needed

          Agenda Item #22 – Adjourn  Meeting adjourned 8:53 P.M.

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples            605-934-2096

Councilman Lukas Driesen                 605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

05/02/2022 A Voice From the Gallery

The only true free-thinker is he whose intellect is as much free from the future as from the past. He cares as little for what will be as for what has been; he cares only for what ought to be. And for my present purpose I specially insist on this abstract independence.

– Author: G.K. Chesterton

The  May 2, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen.  Alcester City Attorney Sam Nelson absent.

Agenda Item #3 – (00:44.70) Approve agenda unanimous vote upon the removal of new council agenda item #10-plat map approval.

Agenda Item #4 – (02:07.27) Approve minutes of the 04/04/2022 and 04/18/2022 council meetings

Agenda Item #5 – (02:57.50)  Approve warrants.  What time period?

Agenda Item #6 – (03:33.13) Adjourn old council.

                              (07:06.93) David Larsen leaves at 6:07 p.m.

******************************************************************

New Council Agenda Item #1 – (08:12.03) New council called to order at 6:08 p.m.

New Council Agenda Item #2 – Oaths of Office

(09:46.50) Oath of Office administered to Councilwoman Darla Reppe-2 year term

(10:39.43) Oath of Office administered to Councilwoman Linda Talbott-3 year term

(11:44.43) Oath of Office administered to Councilman Lukas Driesen-3 year term

New Council Agenda Item #3 (12:54.53)  2022 Council Committee assignments.

New Council Agenda Item #4  (14:53.83) Ward II vacancies – 2 seats Awe no one wants a FOPAT on their back!

New Council Agenda Item #5 (15:36.07)  Election of Council President and Council Vice President.  So begins the DO-OVER goat rodeo of parliamentary procedures. (00:16:13.97)  Mayor Haeder announces, “…there will come a time…when I will not be here at 12:30 ANY Monday…ever…” 

IS THE MAYOR SAYING HE CANNOT/WILL NOT FULFILL HIS DUTIES AS MAYOR?

(00:17:40.80) Nomination of Lukas Driesen as President of the Alcester City Council and (00:18:51.17) nomination of Linda Talbott as Vice President of the Alcester City Council.  At (00:20:23.27) we need a DO-OVER ’cause according to FOPAT, Councilman Lukas and Councilwoman Linda respectively should have abstained from voting for themselves.  Where is Sam?  Did he not get the invitation?

New Council Agenda Item #6 – Bank Account Signers- (00:22:49.73)  Mayor Haeder calls, (00:23:07.63) “…motion to remove David Larsen from all city bank accounts at Premier Bank and add (a) and add (b)…in one fell swoop…but we can do it all…”  (00:23:34.50) FOPAT tells the Mayor,“… in your motion I would have uh indicate Wanda and myself (FOPAT) that way the bank…when they get the minutes…they know exactly who we all have on the account…”  (00:25:06.87)  Improper procedure—-DO OVER…AGAIN OH-OH another oopsy-doodle.  Where oh where has our Sammy gone.  Once again Mayor is grossly ignorant of procedure.  To abstain or not to abstain and now we have to negate the motion by letting it die from inaction.  Proper or improper parliamentary procedure to advise the council.

New Council Agenda Item #7 – Public Input  (00:29:59.90)

New Council Agenda Item #8  – Legal Updates (00:31:57.33)

New Council Agenda Item #9 – Police Update and Police Procedure Policy action.

New Council Agenda Item #10 – Deleted  will be dealt with at a later date.

New Council Agenda Item #11 – (00:56:26.40) Alcester Fairgrounds  Alcester Fairgrounds.  Alcester has no fair.  Union County has a Fair.  In the discussion of the Union County Fair,  (00:58:17.03) it was reported that CEO McDaniel suggested during the April 27, 2022, (closed to the public meeting) with select Union County Commissioners, select Alcester City Council members along with Fair Board members, “…get private donations, fund-raise to build new fairgrounds from citizens after the sale of the current fairground lands to FCS…”  Folks, I attempted to attend this meeting and was told I could not attend.  In addition reporter Gordon Richard was turned away at the door.  Commissioner Joffer indicated the commissioners wanted full transparency.  From the reports of discussion I heard during last evening’s council meeting, I see no transparency what-so-ever.  (00:58:17.03)  Mr. McDaniel  reportedly stated (00:59:21.17), “…FCS wants possession by the fall of 2023…” Is that true?  Mr. McDaniel reportedly went on to say (01:00:18.07), “…if we cannot make money and expand, we will go elsewhere…”  

FREE WILL OR BLACKMAIL?

It was reported in the discussion from our council members that Mr. McDaniel proceeded to give them the benefit of his grand expertise (01:00:50.03), “…you (presumably our council and commissioners) need to focus on a five (5) year plan…”

Additional reporting of the Wednesday, April 27, 2022, discussion, (1:01:52.43) it was reported either FCS or the Union County Commissioners demanded the city’s assurances the proceeds from the Alcester City Land assets were to be turned over to the Fair fund. 

(1:02:39.13)  Mayor Haeder’s remarks on the ownership of the land surrounding the former Alcester Steakhouse are in error.  The owner of the land around the former Alcester Steakhouse is the Alcester Industrial Park, Inc. a non-profit NOT THE CITY OF ALCESTER!

(1:03:29.63) Contrary to opinions from the mayor and FOPAT, “…wrong, the citizens of Alcester have a say and they deserve full and complete disclosure!  The City Council is obligated to inform the Alcester Residents of any attempted disposal of city assets!!!

(1:04:08.57)  FOPAT thinks (Heaven helps us), “…an agreement would have to be drawn up…if the city is willing to put 100% of the sale proceeds to be reinvested into the fair…but if the fair is no longer here…the investment will come back to the city…”  Talk about a scam.  What do you think Folks?  Are ya willing to lose your streets for pie-in-the-sky on a fair spin-the-wheel bet?

New Council Agenda Item #12 (1:15:40.00) Finance Office Updates

New Council Agenda Item #13  -HRC Update – (1:36:23.10)

New Council Agenda Item #14 – Fair Board (01:41:54.03) Discussion on the 2022 fair.  Listen to Mayor Haeder’s wild hair.  (01:41:54.03)  Mayor Haeder says, “…we could, we could make this the Clay County Fair in Iowa…in Union County…”  Mayor you have delusions of Grand Marnier!

New Council Agenda Item #15 – Executive session SDCL 1-25-2.1 Personnel – Council votes to go into executive session to discuss personnel which I suspect is to discuss personnel at the community Albatross.  Executive Session began at 7:48P.M. and ended 8:17 P.M. approximately one-half hour later.

New Council Agenda Item #16 – Adjourn Meeting  8:17 p.m.

          Folks call your City Council members, Contact your County Commissioners, let them know.  Think about it when the county takes this land out of taxable status as it will for the fair, our school loses the tax income and our county loses tax income.  By the Union County Commissioner’s purchase the old Steakhouse,  they have removed a property valued at anywhere from $160,800.00 to $200,000.00 from the tax rolls and reduced funding for our school and county. 

Let your commissioners and city council know this must go to a public vote!

Let them know if FCS doesn’t like our terms, they are welcome to follow through on their threat

and while we are asking questions,

When is the city going to finish working on the streets?

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org