Tag: Linda Talbott Alcester SD

01/27/2020 A Voice From the Gallery

The January 27, 2020, special meeting of the Alcester City Council was called to order at 6:00 p.m. with Mayor Glas, Councilman David Larsen, Councilman Dan Haeder*, Councilwoman Darla Reppe, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Councilman Lance Johnson present. Absent was Alcester City Attorney Sam Nelson.

The council along with the gallery recited the Pledge of Allegiance and with that the meeting began.

First order of business after the call-to-order and the pledge was approval of the agenda. Mayor Glas called for a motion to approve the agenda (03:48:80). Glas mentioned an ‘error’ and the two fives would become 5A and 5B, so Councilman Johnson moved to accept the agenda without adding the change in the agenda, a second came from Councilman David Larsen with no correction to the agenda, and with no discussion the council voted unanimously to accept the agenda.

Agenda Item #4 – Public Input. I responded I had public input and with my announcement, Mayor Glas commented(04:27.80), “…Let’s try to hold it down to a couple minutes…” to which I responded…”…well it will take what it takes…”(04:31:87),” and I proceeded with my comments. There was no other public input.

Agenda Item #5 – (A) Approve Architect Agreement, CO-OP Architecture (AIA B101). FO Pat did an introductory quasi summary, most of which related to the 500+ pages of just one of the agreements. FO Pat noted there was a tele-conference between CO-OP Architecture, Tom Freiberg, Sam Nelson, Mayor Glas and FO-Pat to discuss the contract.

Agenda Item #5– (B) Community Center Plans and Specifications. This item was re-listed by Mayor Glas as Agenda Item 5B but it was not approved as such, there was no motion on Agenda Item 5B, there was no second on Agenda Item 5B, there was no discussion on Agenda Item 5B and no separate vote on Agenda Item 5B. So as I see it, Community Center Plans and Specifications renamed by Mayor Glas as Agenda Item 5B and approved as such by the council in their approval of agenda was not dealt with at all.

Agenda Item #6 – Community Center Advertising. Councilwoman Melissa Kay moved to approve this agenda item, Councilman Lance Johnson seconded the motions and under discussion Councilman David Larsen made some observations and remarks. (20:31:60)

During this discussion Councilman David Larsen wanted to make it clear that he was in favor of the project but with strong strings attached. In these remarks Councilman Larsen insisted that the finance office and the council chamber existence were non-negotiable in his opinion.  No mention of the police department.  So what are they to do, run around like a taco truck type mobile office to maintain law and order?   Councilman Larsen states that,

“the finance office needs a better place…the office is cramped…small and should be across from the council chamber because of all the hauling of stuff the finance office staff has to do for council meeting… and in the five months of summer operation the city could save $120 per week by having the finance office accept those few (2-4) greens fees that may come in the morning hours (8:00 a.m.-11:00 a.m.) …”

In addition the city council chamber needs to be more sound proof… we have 3 million votes for the community building and while a vote of citizens is okay it would be a waste of time and money… astute citizens…”

Argument

  • the finance office needs a better place, the finance office is cramped, the finance office is small.  Vickie’s Answer:  Find a building downtown that has more space. Present finance office is around 180 square feet give or take. Clean out the superfluous junk out of the finance office. Take one desk out of the finance office.
  • the finance office should be across from the council chamber.  Vickie’s Answer:  The Finance office does not have to be across from the council chamber, if all that heavy lifting of a bunch of stuff for council meetings, get the finance officer a grocery cart.
  • if the finance office received the green fees, the city could save $120 per week by the finance office accept 2 to 4 greens fees.  Vickie’s Answer:  Dump the second Finance officer in favor of a golf course employee who can take greens fees, read meters, do mailings and pick up the mail. You will save more like $15,000 per year.
  • the council chamber needs to be more sound proof.  Vickie’s Answer:  Yeah, it does! According to the technical article of February 1, 2016, titled, “6 City Council Chambers Design Mistake to Avoid… council chambers revolve around communication…Audio, Video and Technology should be considered early during the design process…Failure to consider these items now will result in problems down the road…Acoustics…Just like any other gathering place or presentation space, speech intelligibility is critical in a City Council Chamber…contemplate camera angles…(Base 4 Tech, LLC dba Vibe Design Group) (vibedesigngroup.net/6-city-council-chambers-design-mistakes-to-avoid/).”  So tell me where is the gallery supposed to sit in the COOP Chamber room? Going by the supposition the existing finance office/council chambers (measures approximately 325 sq.ft. for council chamber and 200 sq.ft finance office for total of 525 sq. ft.) and the projected COOP finance office/council chamber (appears as 883 sq.ft. which if divided equally between the two rooms will allot the finance office 441.5 sq.ft and the council chamber 441.5 sq. ft.)  

In Councilman David Larsen’s remarks he says, (20:56:45), ” we have 3 million votes for the community center…a vote of the citizens is okay but an astute citizen…would be a waste of time and money…”

Stepping back to a question posed by Councilwoman Melissa Kay about what happens if we do not raise the shortfall money for the community project, can we get a loan. Finance Officer Pat Jurrens answered no because we (the city) already have a loan for $500,000 for the community center project. Listen to the video. In addition and so the citizens are aware, it is my understanding there are strings to those 3 million votes to the effect if the matching moneys are not coughed up the deal is dead. So that is imaginary votes or money?

Now going back to that part of the statement “…we have 3 million votes…”.  Please tell me that you do not mean 3 million dollars translate into 3 million votes and they hold more weight than our 830 some votes as a tax-paying citizens. Evidently I am not one of those “astute citizens”.  I in my world 3 million dollar/votes, do not dictate how to spend our tax dollars nor burden our children with a debt the city cannot pay but in my world a  finance officer we cannot trust according to indictments would be summarily dismissed.

Motion on Agenda Item #6 was made by City Councilman David Larsen, seconded by Councilwoman Darla Reppe, no further discussion with a unanimous vote of aye.

Agenda Item #7- Approve Architect Agreement COOP Architecture-Councilwoman Melissa Kay made the motion to approve the agreement with the second coming from Councilwoman Linda Talbott, no discussion and a unanimous vote of aye.

Agenda Item #8– Executive session-was not needed. Amazing!

Agenda Item #9 – Adjourn-Councilman David Larsen moved to adjourn, second came from Councilman Lance Johnson, no discussion and a unanimous vote of aye the January 27, 2020, meeting was adjourned at 6:24 p.m.

* Alcester City Councilman Dan Haeder purchased a home on the east side of Park Street which places him in Ward III. According to statute he cannot represent Ward II IF his place of residence has changed, that he would have to resign his seat. I asked him about this back in late December and he said that he had discussed it with the council. I am left to wonder about the delay in residency.

01/26/2020 A Voice From the Gallery

Please find below, the agenda for Monday night’s special meeting, 6:00 p.m.  Just click on where is says 01-27-2020 Agenda.

01-27-2020

Please note Items #5 Architect Agreement, #5 Community Center Plans & Specs, #6 Community Center Advertising,  and #7 Approve Architect Agreement.  How sloppy can you get?  Another Half-Glas’d job!

Come on, with all those finance office shut down hours on Tuesdays just so the bookkeeper can get to her work done.  Maybe if she did not have so many court dates for personnel indictments and violations, the good citizens of Alcester would get value for their tax dollars.

If you do not want the city offices in the community building, if you do not what FO Pat in an over watch position of the police department, the golf course, your wedding celebrations, your family reunions, parties, if you do not want FO Pat deciding what you pay in taxes, if you do not want FO Pat deciding what tractor repair shop is going to be located off your bedroom window and if you do not want FO Pat deciding in which burial plot you will located, attend this meeting, make your feelings heard and shut FO Pat down.  We cannot TRUST FO Pat!     ATTEND THIS MEETING!

By the way, we STILL do not have a website.  The council has voted two or is it three times now and we STILL do not have a website!  WHY NOT?  Is it too far over FO Pat’s Gigabyte capacity to understand how to do it?  I know of at least two times the council approved two different entities to set up websites. WHY isn’t Pat doing what the council told her to do?  WHAT is FO PAT trying to hide?  Is it her inability to handle computer programs (I thought ol’ Mr. Monson ‘tutored’ her in programing) or is it perhaps her intent to keep the citizens ignorant of what she IS doing or NOT doing?  Remember it is the job of Mayor Glas to OVERSEE Finance Officer Jurren’s performance.  Oh that’s right Mayor Glas cannot tell whether his navel is an innie, an outie or an orange!

12/20/2019 A Voice From the Gallery

NO VARIANCE FOR COUNCILMAN JOHNSON

 

LOOK WHAT YOU’VE DONE TO OUR TOWN, MAYOR GLAS

LOOK WHAT YOU’VE DONE TO OUR TOWN

IT’S THE ONLY THING YOU HAD TO DO RIGHT

AND YOU MANAGED TO GET IT WRONG, GLAS

LOOK WHAT YOU’VE DONE TO OUR TOWN

 

LOOK WHAT YOU’VE DONE TO OUR FOLKS, MAYOR GLAS

LOOK WHAT YOU DONE TO OUR FOLKS

WELL YOU PICKED OUR POCKETS RIGHT DOWN TO THE LINT

LOOK WHAT YOU TOOK FROM US, GLAS

LOOK WHAT YOU’VE DONE TO OUR TOWN

 

WE WANT OUR GOOD TOWN BACK, MAYOR GLAS

WE WANT OUR GOOD TOWN BACK

WELL IF WE HAD OUR GOOD TOWN BACK WE’D

BROOM OL’ RIFF-RAFF GLAS OUT AND

FIX WHAT HE HAS DONE TO OUR TOWN.

 

WE’RE FIGHTING BACK FOR OUR TOWN, MAYOR GLAS

WE’RE FIGHTING BACK FOR OUR TOWN

WELL THE FOLKS WILL STAND UP AND TAKE BACK THEIR TOWN

SOON WE’LL HAVE OUR TOWN BACK GLAS

‘CAUSE WE ALL SEE WHAT YOU’VE DONE TO OUR TOWN.

 

LOOK WHAT YOU’VE DONE TO OUR TOWN, MAYOR GLAS

LOOK WHAT FOPAT HAS DONE TO OUR TOWN

YOU BOTH HAVE SHOVED US IN A GARBAGE BAG

AND TOSSED IT TO THE GROUND

LOOK WHAT YOU DID TO OUR TOWN*

 

 

*inspired by the song lyric titled.  “Look What They’ve Done to My Song” by Melanie Safka  “What Have They Done to My Song, Ma Lyrics.” Lyrics.com. STANDS4 LLC, 2019. Web. 20 Dec. 2019. <https://www.lyrics.com/lyric/6899041/The+New+Seekers>.

12/09/2019 A Voice From the Gallery

“Government is instituted for the common good:  for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family or class of men”  

John Adams

Mayor Tom Glas called the December 9, 2019, special meeting of the Alcester City Council to order at 5:00 p.m. with Councilwoman Melissa Kay, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilman Dan Haeder, and Councilman David Larsen present. Absent were Alcester City Attorney and Alcester City Councilman Lance Johnson. Also attending the special meeting was Gordon Richards from the Alcester Union-Hudsonite and Vickie Larsen.

Mayor Glas called for the approval of the Agenda for the special meeting. With no changes and no discussion the group approved the agenda with a unanimous vote of five (5).

Agenda item #4 was public input. Prior to the meeting I distributed copies of my input on the proposed variance at each council persons seat. I went over the contents of the document which was a rough draft of my opinion on the variance, errors and omissions to the form and content and citations of statute brought forth by attorneys and the infamous variance.

I pointed out to the council, a South Dakota Supreme court decision involving code, covenants and restrictions running with land violation. The high court found in favor of the complainant that the covenants had indeed been violated and went a step further to award the legal costs of enforcing the codes, covenants and restrictions.

I was asked the question when the final draft would becoming, I answered as soon as I had access to Mr. McGill’s opinion. In addition to that opinion, I will certainly take into consideration any argument mounted by the Alcester City Attorney in my answer.

After my presentation, Pat offered up an astounding comment. (00:06:35). Alcester Finance Officer Jurrens argued that Alcester a city of just 800 population did not need a variance form such as the one Union County uses. ‘Cause she knows everybody who comes in for variances and she uses information from Beacon-Schneider site. Uhm folks, the Beacon-Schneider site has a warning notation under the summary specifically a brief tax description. (Note: Not to be used on legal documents) Of course what Pat is passing off as a legal document is nothing more than the equivalent of a page ripped off from a First graders coloring book. Folks would you want the value of your life’s asset/property to be dependent upon the legal and financial judgment of Finance Officer Jurrens? She seems to struggle with those concepts.

So using Finance Officer Jurrens logic if a city of 800 people is too small to bother with legal documents for variances, then we can do an initiated measure, get rid of the Property Maintenance Code and ol’ Geoff Fillingsness. Right?

Agenda item #5– was the Second reading of the 2019-08 Pleasant Hill Cemetery Ordinance. The motion was made and seconded for the second reading of the 2019-08 ordinance. Let’s hope she got this right, who knows what might rise to the surface here.

Agenda item #6 Rumor has it the new police car has hit Iowa. Time to pay for the car. Finance Officer Pat has robbed the CBDG account once again to float her bookkeeping. Mayor Glas repeated the motion only where it the amount was $24, 744.00 to Wegner Auto and $8.00 to Premier Bank Check Fee- Ol’ eagle-eyes lost the dot and read the amount as $800.00 into his regurgitation of the motion.

Agenda item #7 Supplemental Appropriation Ordinance 2019-09- Folks this is the part of Finance Officer duties where the Finance Officer makes a mad scramble to come up with the funds to pay the bills she and Mayor Glas encouraged the council to spend. Normally referred to as Robbing Peter to pay Paul or Pat. Don’t forget that $4880 fee paid out to Pat where no one approved of the OT!

Agenda item #8 Committee meeting date for City vacancies. Committee members, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Councilman David Larsen.  Date was set for December 16, 2019, at 4:30 p.m. Will need job descriptions for librarian, solid waste (dump-ground) and Sextant (this one I will leave alone)

No Executive session

Adjourned the meeting at 5:17 pm

 

12/06/2019 A Voice From the Gallery

Ladeees and Gents our favorite Glas flower has a problem with me.  A-w-w-w!  Oh by the way, she plead ‘not guilty’ in court yesterday for those of you who are following the Alcester FOSAGA (Finance Officer Summoned Again Government Action) oh yeah and do not forget to BYOB (Bring Your Owed Bail)!

When ‘we the people’ have a problem with finance officer, she’s gonna have a problem with us specifically but not limited to me .  In my opinion, “When ya ain’t doin’ your job, you ain’t worth the pay!”  FO Pat whined to the council, “I work so hard… “I do my best and I work really hard”…” Well Madam FO, IF that is your best—–yer best ain’t good enough”  Case in point I served this FOIA request arising out of Pat’s statements in the December 2, 2019, city council meeting on Pat this morning (December 6, 2019):

FO Pat produced the ‘variance application’ below in answer to #1 of my Foia Request 12/06/2019 and charged me $.25.  This document is the sum total of the variance request or so FO Jurrens purported it to be.  This must be the truth, otherwise Alcester Finance Officer LIED to me and by deliberate omission of facts produced a false record as a true copy of the variance application and charge me for it.  SO WHICH IS IT?

Yup this is what FO Pat considers a variance application, Who knows what version of the famed firm of Dewey, Cheath’em’ and Howe drew this exemplar up.

Below find a sample of what Union County uses:

I asked several questions about the remainder of the FOIA request, to which Patti Parrot responded, “I don’t have that, I don’t have that”.  I asked the question, “WHY don’t you have it, you should” and Patti Parrot responded, “I don’t have that, I don’t have that”  Yeah I figured that out when you lowered your voice and looked to the left each time you professed, “I don’t know that”  Then when I asked where are those documents you and Lance Johnson were running up and down Anderson begging for signatures, you told you did not have them and that I had to ask Lance Johnson.  Why?  Were you not there on the Alcester City time clock as Finance Officer/notary assisting Councilman Lance Johnson? Or representing yourself as Finance Officer instead of just plain ol’ Pat Jurrens?

First-those of you who signed the mystery document Councilman Lance Johnson and Finance Officer Pat Jurrens were hawking to allow Councilman Lance Johnson to build his combine/body shop sized stand alone garage and regret signing the document.  Take note, because Councilman Lance Johnson along with Finance Officer Pat Jurrens is attempting to change the terms and conditions with a variance.  The document you signed is null and void because you were not advised of the whole truth, you were NOT given a copy of the document for your records and nor were those property owners whose property directly abuts 518 Anderson Street in writing of the Variance Hearing.  Your rights were negated by sloppy and negligent procedure by Alcester Finance Officer Pat Jurrens.  I am not an attorney, but I would urge you get togther as a group and seek an opinion from a lawyer on the validity of the document you signed.

To the property owners on Anderson Street, the Variance Hearing was not held per agenda, there was some discussion (00:50:38) to table the Variance Hearing to the next meeting which is December 9, 2019, but no formal motion was made nor seconded or voted upon.  However, Alcester City Attorney Tom Frieberg announced the council should table the Variance Hearing to the January meeting (00:51:31) to receive confirmation from a document of Mike McGill attorney allegedly prepared for Alcester Councilman Lance Johnson.  NO motion, no second and no vote was taken to table to the January meeting of the city Council either.  THE COUNCIL DID NOT OFFICIALLY ACT UPON MR. FRIEBERGS JANUARY SUGGESTION NOR THE ORIGINAL DECEMBER 9, 2019 DISCUSION.  SO WHICH IS IT MR MAYOR?  

RULES OF ORDER:

1.    Table.  If the Council is not ready to vote – be it a lack of information, a sensitive topic people need more time to process or deliberate, or other urgent matters came up – a member may make a motion to “table” the item.  The motion needs a second. It is NOT debatable/open to discussion. And then it needs a majority to carry the motion.  The important point to remember; however, is that it must be re-addressed at the NEXT official meeting.

2.    Postpone. If the Council is not ready to vote and if there is uncertainty on when it will be ready, then a motion should be made to “postpone until ______ (fill in the blank).”  Herein lies the major difference between tabling and postponing; postponing can be defined, but tabling is at the next meeting. Postponing requires motion, second, it CAN be debated/discussed, and a majority vote to carry.*

*Secondary discussion of Roberts Rules of Order which simple describes motions to table and motions to postpone.  https://sharpermanagement.com/2017/06/board-tip-tabling-agenda-item/

 

A SUGGESTION;  So you may want to add an agenda item to the agenda when you approve the agenda Monday night ladies and gentlemen of the council.  This does meet the requirement of an emergency add-on.

 

 

 

 

 

 

 

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?