05/13/2020 A Voice From the Gallery

As I understand it, after the May 4, 2020, city council meeting Mayor Tom Glas resigned as mayor.  By the way it is not official until the council VOTES to accept his resignation!

This left the newly elected president councilmember David Larsen of the council as mayor pro tem to perform the duties of mayor until a new mayor may be appointed or elected.

Folks the city has the option of appointing a mayor or having a special election. I urge the residents of Alcester to insist upon a special election to fill the positions of Ward II council position and Mayoral position with an emphasis let the people decide.

I CALL FOR A SPECIAL ELECTION!

NO APPOINTMENT!

A SPECIAL ELECTION!

 Unfortunately the council has not distinguished itself when considering variances, appointments and spending money. It has been argued that special election costs have not been included in the city budget-that the city cannot afford an election.  THE CITY CANNOT AFFORD NOT TO HAVE AN ELECTION. If Finance Officer Jurrens can scrape up money for a police building caused by Mayor Tom Glas and the council not having the foresight of no place for the Police Department before selling the PD Office out from under our police force and other non-budget items, I am confident money can be found for an election.

LET’S SEE PAST PERFORMANCE:

  • Councilwoman Patricia Jurrens/Finance Officer “wanted” Beck Drive, she found non-budget money for that.
  • Finance Officer Patricia “wanted” over-time for her appointive position as Finance Officer, she found non-budget money for that. Of course not the secret desk drawer, dollar diary, non-compliant, non-approved overtime $28K +/- for which she was hoping but $4880. +/-. The mayor/city council had to approve on paper any over-time or comp time, didn’t happen. I asked for FOIA and was told these approvals did not exist. Mayor Glas FAILED his duty, and the council voted (against city ordinance) to approve a non-approval of over-time rated payment demanded by Alcester City Finance Officer Patricia Jurrens while she actively worked against over-time/comp time request of police chief Chris Doty using the argument he was not eligible for over-time or comp time.
  • Mayor Glas allowed Finance Officer Patricia Jurrens to attend non-Finance Office functions on city time at tax payer expense. Glas allowed Finance Officer Patricia Jurrens to campaign during finance office hours at the Commercial Club/Chamber of Commerce meeting, Community Building meetings, hold birthday parties at the local club house of which it is my understanding she was not a paying member of the golf club, allowed Finance Officer Patricia Jurrens to circulate through Anderson Drive residents with the City Council Member Lance Johnson to obtain a Contract for Variance and attend a meeting (video admission) with Michael McGill to get an opinion on covenants in the Anderson Drive section of Numsen Addition at the suggestion of Mr. Tom Frieberg who had a conflict of interest.
  • Said Contract for Variance (contract for variance is illegal) had an objection by Vickie Larsen and which a named partner, Larry Nelson had argued against a variance in Hamerly v. city of Lennox which the Hamerly’s objected to the construction of a garage (non-conforming) building to be built in a residential neighborhood.
  • Then there are the election violations perpetrated by Finance Officer Patricia Jurrens and she was not furloughed/terminated by Glas or the Council.
  • Finance Officer Patricia Jurrens found money for FDR (Full Depth Reclamation) which was a predictable (according to a road construction business owner) miserable flop and cost the residents street repair money through street maintenance tax.

These are just a few instances where the Finance Officer over-reached her position and violated city law.

There are people who have witnessed the illegal antics of Patricia Jurrens, please come forward complain. Let me know (vickielarsen98@gmail.com). I have taken a public stand, I will continue to take a public stand but I need support since I have been repeatedly denied placement on the council.

There is a meeting Monday, May 18, 2020, at 6:00 p.m. in the city auditorium. Come see and hear for yourselves. Let your voices be heard.

The city is waffling on closing the pool due to the pandemic. It is your children, your parents and grandparents who are at risk. It is our life-guards and city employees who are at risk because some of the council think we need to keep the pool open. That we need to keep the kiddies occupied, do you really want to risk your children to be occupied (if they are lucky) with just plain breathing with a vent in a hospital?

PUSH BACK FROM APPOINTMENT OF MAYOR AND COUNCILPERSON BY THE EXISTING COUNCIL TO A FULL BLOWN ELECTION BY THE PEOPLE FOR THE PEOPLE.*

 

 

*the Finance Office cannot be involved in going to the Care Center to ‘help’ fill out absentee applications or ballots—it is deemed a conflict by SDML

04//15/2020 A Voice From the Gallery

Mayor Glas called the April 15, 2020, special meeting of the Alcester City Council to order at 6:00 p.m. with Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilman David Larsen, Councilwoman Darla Reppe, newly appointed Councilman Dan Haeder and Alcester City Attorney Sam Nelson present.

Upon recitation of the Pledge of Allegiance, the council moved to approve the agenda for the evening. Motion, second, no discussion and unanimous Aye vote X5 approved the agenda as presented with no changes or amendments.

Agenda Item #4 – Public Input was called. Vickie Larsen (me) responded with suggestions for the Park play equipment location change for safety and isolation reasons. I remarked the play equipment located in the park should be located in one location for the safety of the children.   I noted that with the equipment scattered about the park the way it is now, children are vulnerable to attack or removal from the park by pass-through strangers and leaves no straight-line access or view from parents seated on park benches or in the shelter houses. This is a safety issue we had discussed many years ago in a SRTS meeting. I added with the pandemic we are currently experiencing, with the equipment scattered throughout the park makes it almost impossible to isolate the equipment for pandemic reasons.

Councilman David Larsen did ask the question, had the signs been posted concerning the social distancing as it relates to the park equipment and the shelters. The signs had not yet been placed in the park.

Finance Officer Patricia Jurrens noted that Loren Fischer had contacted the office wanted to make a permanent move to the garbage can placement on other peoples yards “…to save our city streets…by reducing the number of passes…” Loren Fischer Disposal STILL makes three passes down Lincoln Drive…tell me again how it save the streets? It appears that the Sooper Dooper Garbage truck cannot make the turn on Lincoln Circle. H-m-m I have a suggestion. To all the folks who have garbage on Lincoln Circle instead of moving your cans east, move them cross country just a bit south and a bit west to 410 Hyden Drive since Finance Officer Jurrens wants to save wear and tear. That street is concrete and the Sooper Dooper Garbage Truck can navigate the turn without ripping out the street. But from the vacant looks of things we are stuck truckin’ our cans all over the road.

One last notice in public input, the meeting of the HRC has been postponed indefinitely.

Agenda Item #5-Emergency Ordinance 2020-04 Second reading. Discussion continues noting the changes to Section 2 and Section 5 Amendments. Motion, second, discussion from Councilwoman Melissa Kay concerning local law enforcement actions once the Ordinance goes into effect. Effective date 04/15/2020 and unanimous Aye X5 vote.

Agenda Item#6-MidAmerican Gas line. Apparently in the rush to get Beck Drive on line by the Councilwoman Jurrens, something happened with the gas line. A conference call took place with a representative of Mid American Electric. I apologise I did not get the name, the acoustics sucked and Mayor Glas mumbles worse that Mr. Magoo.  Evidently MidAmerican is give the city 2 credits for the additional gas line. So we the tax payers of Alcester will only have to pay $4800.00 to lay gas line somewhere between Beck Drive and Lee Drive. Now folks most developers figure the cost of utilities into the cost of the lot but not here, nope not here. The rest of us get to pay the cost. No action taken, dumped into the May meeting. Wonderful!

Agenda Item #7-AMKO Bond Nothing happening. Apparently this is a bond to lower the interest rate so ‘we’ can save money on a bond payment. The AMKO Bond agent would like a meet with the local bank but the bank representative is on pandemic schedule so AMKO representative needs to reschedule the meeting.

Agenda Item #8-Executive Session-If I understood the mumbling correctly it is for Legal Counsel. LITIGATION? Motion, second, discussion none and unanimous vote Aye X5 at 6:20 p.m. Council out of Executive session at 6:49 p.m. NO discussion or action taken.

Agenda Item #9-Adjourn

Motion, second, discussion none and unanimously vote Aye X5.

Meeting adjourned at 6:49 p.m.

03/16/2020 A Voice From the Gallery

Mayor Tom Glas called the March 16, 2020, Special Equalization meeting to order at 6:00 p.m. with Councilman Dan Haeder, Councilman David Larsen, Councilwoman Linda Talbott, Councilwoman Melissa Kay and Councilwoman Darla Reppe present. Once again Councilman Lance Johnson was absent and there was no city attorney present.

*NOTE-I apologise to Michael Bucholz for mis-spelling his name in the title page in the video.  I did and do know how to spell his name but missed my error in the proofing process.

After the Pledge of Allegiance was recited, the council began by approving the agenda unanimously.

Agenda Item #4 – AMKO Mr. Mark DeRaney representative made a presentation regarding Alcester’s Sewer bond and the rework to lower interest rate as I understand it. The city council had to vote on Resolution 2020.03 to re-fund the bond at a lower interest rate. The council voted to move forward.

Agenda Item #5 – Equalization Board This is where the council received appeals to property tax valuation. At that point in the evening no one had presented an appeal of valuation nor did it appear there was any discretionary reductions taken by the county at this point. There will be a citywide assessment in 2021 by the county. No action taken.

Agenda Item #6 – Public Input – I mentioned several comments made to me about water meter reading discrepancies in billing. I told the council they need to be aware there are complaints which have been voiced to me. My recommendation is to have residents keep a monthly log of their meter reading and compare it to what their water bill reads, then report discrepancies to the finance office so the finance office can correct the readings or have the meter reading devices calibrated.

Agenda Item #7 – Community Building Project- the project committee met with the architects to cut costs and determine which items would be cut from the blue-printed plans. Items mentioned that were to be cut or deleted:  (red areas indicate areas in which cuts and deletions were proposed)

  • Basement
  • Stairway to basement
  • No front canopy
  • Utility room moved from basement to the proposed Fitness Center
  • Fitness center was on the cutting block but mediation brought it to where the council chamber (conference room)was to be located.
  • No firm decision on the cuts and deletions was made at this time.

                    

Agenda Item #8 – Hire candidate Parker Dooley as Utility person at $12.00/hour.

Agenda Item #9 – Executive Session called for Contractual matters. When I asked what contract of Finance Officer, I was told litigation. H-m-m Litigation? How is that contractual? Sounded more like lawsuit to me so my next question, is the city is being sued? I received no answer. I wonder if that is what is called, ‘asked and answered’? The non-answer is an affirmative answer?

This executive session lasted from 6:37 p.m. to 7:03 p.m. just shy of a half an hour of executive chit-chat without an attorney present and no public action taken!

Agenda Item #10 – Executive session called for Personnel – Gallery and Finance Officer Pat Jurrens exited the room and Union County Attorney Jerry Miller and Michael Bucholz entered into the Executive Session with the Council. About 30-40 minutes later Union County Attorney Miller and Mr. Bucholz exited the Executive Session. At 7:45 p.m. Alcester Finance Officer Patricia Jurrens entered the Executive session and exited the Executive session at 8:30 p.m. and at 8:34 p.m. Mayor Glas called the council out of Executive Session Personnel.

Grand total of 1 1/2 hour of Executive Session time with no public action.

Agenda Item #11 – City Insurance Review – Finance Officer Jurrens recited the various assets needing coverage of insurance and upgrades in valuations, actual or replacement. Then (49:43:80) Finance Officer Jurrens focused on General Liability Coverage, Professional Liability Coverage and mumbled something about Time Computations (?) which translated to employee embezzlement. Now ‘time computations’ which was unintelligible both in live meeting and on the video brings the question of approval of over-time and comp-time for the finance office and other administrative positions. Administrative positions are not paid over-time. Alcester City Ordinance required approval (on paper) for any over-time for the Finance Office. Yet when I asked Mayor Glas and Finance Officer for access to Mayor Glas’ or City Council approval of any over-time hours for the Finance Office I was told there were no such records. This was in violation of City Ordinance requiring a document carrying the mayor’s signature of approval, the date, justification for Over Time and the number of hours. So in effect I was told the 232 +/- hours of over-time/comp time logged by Finance Officer Pat Jurrens had no documented proof of approval and for which a check was cut to the tune of $4880.00. Is that what we need insurance for? So which one is guilty of embezzlement the original computation or Mayor Glas who had the responsibility? H-m-m?

Agenda Item #12 – Adjournment Meeting was adjourned at 8:55 p.m.

03/03/2020 A Voice From the Gallery

Mayor Glas said, “well I guess it is time…” and so the regular meeting of the Alcester City Council was half-glas’d into session with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Melissa Kay and Councilwoman Linda Talbott in attendance–who knows where Councilman Lance Johnson was, he sure wasn’t a sittin’ in his seat at the council meeting. Small wonder why the council hasn’t a clue of what is happening per comments made later in the meeting.

Pledge was called, Agenda Approved without change, Minutes approved without change and finally public input was called without all the enthusiasm of “oh, dang she is here”. I responded I had public input.

Agenda Item #5 Input- I announced I had, immediately prior to the meeting, delivered to the Mayor’s seat my formal appeal request of Councilman Lance Johnson’s variance and a FOIA (Freedom of Information Request-South Dakota Sunshine) and I also pointed to the 17 page, fine-print, terms and conditions of the BAMBEE contract as well as an article titled, “Making the Best Use of Your City Attorney”.

Finance Officer Patricia Jurrens said she didn’t have the copy of the appeal and the FOIA and I responded they had been placed at the Mayor’s seat. I commented on the fine print of BAMBEE pointing out the yellow highlighter on the document. Specifically mentioning item #3 where BAMBEE explains she cannot give a legal opinion, Oh deer! It was my impression that legal was the whole purpose of hiring BAMBEE. Now folks BAMBEE requires a $500 audit fee right off the bat, then requires a monthly fee, the combined totals account Mayor Glas’ stated was a grand total of $2500.00 to $3000.00 (01:17:55:63) annual fee for HR advice. HR advice which HAS to be run past our city attorney, who the city council previously insinuated is not trained in HR and is costing the city too much in legal fees! H-m-m the two gentlemen who currently hold retainers to represent the city, list their areas of expertise as Real Estate, Probate, Federal Income Tax, Family Law, Municipal Law, Civil litigation and Criminal Defense which seems to cover territory which has prominently figured in our HR problems recently and still has one doozy HR problem still in the hopper. Somehow I think our retained attorneys cannot ‘handle’ this situation without a conflict question.

I also pointed out the article on, “Making the Best Use of your City Attorney” might be a good read if it is true as Councilwoman Melissa Kay pointed out later in the meeting, (01:22:31:30) “…we only have one or two times a month where we are seated in Council, we do not get enough information and we do not know how to deal with it…”  ?

Agenda Item #6 – Executive Session-Contract- and request for Revolving Loan for a local businessman. Council went into Executive session at 6:05 p.m. and came out at 6:17 p.m. with no motion made.

Agenda Item #7 – Legal Updates-

  1. a) Shouse discussion – Now I had to ask what Shouse was, thinking it was a misprint. It was explained a Shouse was a metal house/shed which according to FOPat is just ‘the thing’. Yeah? IN TOWN? Is the illegal garage at 518A Anderson Street now morphing into a metal sh** house? Yet another effort on FOPat’s part to legalize a ‘favor’ for a dirty-handed councilman?
  2. b) Chip Seal – Now we have to amend the chip seal bid to delete the most wondrous, amazing street treatment ‘evah’ and a Fantastic Failure Done our Roads. Given the efficacy of FDR on our streets, we would have had more success papering our streets with laminated BFranklin paper. So now we must pay for City Attorney Tom to apply Anti-Monkey Butt lotion language to FOPat’s and Mayor Tom’s RASH bid contract to FIX our streets! (54:42:43)  Get the Red out of our Budget!  I warned the council in a past complaint the vandalism to the curb at 518B Anderson Street would create water damage to the street and I was told by Mayor Glas the water ran-off just fine.  Check out how he changes his tune (52:55:17)(54:42:43)(55:55.17) about street damage due to cracks in the curb and gutter.

Agenda Item #9 – Nuisance Update –  (13:08:07) Arlene’s Cafe sidewalk drainage solutions. The city sat, wasting council time on discussing this issue and its ‘fix’ solutions. This is private commercial property NOT belonging to the city of Alcester. While there is certainly an issue with water draining down-stream from the city owned bar and city responsibility for the property, the simplest solution is to routinely clear the space between the City owned building and the adjoining Arlene’s Café property of snow BEFORE it gets to the sidewalk. Messing with an apparently sound sidewalk on the east side of Iowa street is unnecessarily costly. The two entities can share the cost of removing the alley snow, leaving each entity responsible for the snow clearance of the sidewalk fronting each property as provided by ordinance.

Agenda Item 8 – At this point 6:30 p.m. the time for scheduled bid (17:41:90) opening for the auditorium property.  Mr. Scott Hansen representative of Alkota Cleaning Systems was present (26:40:00) for the opening. Mayor Glas opened the lone bid received, which offered $120, 000.00 for the building/and property and which was well below the appraised price on the auditorium of $260,000.00. And so the great debate/discussion began over a bid contract which the council failed to read and understand their own terms and conditions for bidding. When the council put our auditorium up for bid, they lacked the foresight to make alternate plans for holding city council meetings, they lacked the foresight what to do if the bid is substantially lower than appraisal, and what is the lowest bid we are willing to take for our building. Judging from the discussion,

“Our council Hindsight is 20/20 and our Council foresight is legally blind.” (Inspired by the quote of Benjamin Graham)

How many people would put their homes up for sale without a clue where they were going to live after promising an immediate possession sale?

Questions were asked of Tom Walsh who was also present (29:26:77) with regard to the Golf Course Community Building. The council opined they cannot possibly make a decision to accept the Alkota Bid until they KNOW IF AND WHEN the proposed Community Building Dream Gaffe project is consummated. Mr. Walsh gave an update from the architects of the golf course project.  In a past meeting when FOPat was ‘splaining’ the project to the council she commented that, “…the architects projected the cost of the community building high…” It appears that COOP Architects project costs missed the boat ’cause the reported bid info shared on March 2, 2020, meeting was “the bids came in SIGNIFICANTLY HIGH-something nearer to $1 Million+ over. FOPat commented they, “…just couldn’t figure out where the costs came from…” (00:00:00) Dear Sweet Auntie Em, this is our finance officer who cannot figure out expenses? Folks the items involved in this bid HAVE to be commercial grade not Sh**House grade or Residential grade. More discussion to take place at the March 16, 2020, special meeting set for 6:00 p.m.

Agenda Item #9 – Nuisance(continued) – Council touched on 204 Ofstad, 208 West Fourth, Dog License Compliance. City Attorney Tom Frieberg to clean up Dog Licensing ordinance language to compel our Police Department to act as dog catchers. Councilman Dan Haeder made an analogy concerning dogs-at-large, citing a tragic car/truck crash on I-29. The crash cause summary per news reports was a northbound tractor-trailer with a pup trailer abruptly braked to avoid two dogs crossing the interstate. A Mazda following the tractor-trailer rear-ending the pup trailer. The operator who was wearing seat belt was pronounced dead-on-scene with no injury to the tractor-trailer driver.

Councilman Haeder’s analogy (40:53:57) using the crash, inferred dog owners were culpable because the dogs were running-at-large. Errors in that analogy include such circumstances as:  1- Dogs could have been deer. 2- what exactly was the Mazda driver doing, what was the speed of the Mazda (posted limit 80 mph), how close was the Mazda following the tractor-trailer, were there contributing road conditions, 3- There is no ordinance dogs in Alcester must be caged, just that they are controlled, their vaccinations are current, they are spayed/neutered and have a city license which proves the appropriate documentations has been provided to the city, the only apparent concern for at-large-dogs relates to menacing behaviors, 4- As I understand motor vehicle liability relating to rear-end collisions, is the failure to have one’s vehicle under control is a cause for citation for failure to have control. Tragically it was the failure to have the vehicle under control which ultimately caused the death. There is no justification for licensing dogs in this analogy and no justification for attributing a tragic death to a pet owner.

Perhaps instead of licensing cats and dogs, owners of domestic pets voluntarily register their pets with the city without license or cost and we avoid the Mayor Glas’ and the city council’s castration of our city police department into dog catchers which distracts our police department from their very real job of enforcing the drug laws, domestic abuse laws, embezzlement laws, false 911 reporting and liquor violations. Anybody on meth or over-reaching political authority is far more menacing than Fluffy or Lassie any day of the week!

7:03 p.m. Alcester City Attorney Tom Frieberg left the meeting.

Agenda Item #15– Executive Session called at 7:03 p.m. for interview of two candidates for Utilities person. Out of Executive session at 7:52 p.m. with no decision voted upon or action taken.

Agenda Item #11 – Streets- Most important issue was the city asking for advice from Engineer McLaury. Now I personally have a problem with this because Mr. McLaury in all his engineering prowess during the SRTS issue caused the illegal vacation of alley behind to two residential properties from 4th street to 6th street, the earthen dam design caused AND CONTINUES TO CAUSE flooding of the property at 301-4th street along the east side of the alleyway, required a significant change order which ultimately cost the taxpayers of Alcester an project over-run of $20,000.00 ’cause he could not seem to figure out the ADA restrictions and requirements while maintaining his bid quote. Now FOPat wants to reward him with another shot at our tax coffers?

Agenda Item #18 – Finance Office

a) Warrants

b) HR Services – California BAMBEE (01:17:03) Ask to see the copy of the terms and conditions of BAMBEE I provided to the city.  The council has presented BAMBEE, yet none of the council seems to have read or investigated this subject adequately to make AN INFORMED DECISION.

*PLEASE NOTE Finance Officer Jurrens cannot seem to get a simple agenda done properly. She cannot seem to go from 18 (a) to 18 (b) to 18 (e) without screwing up and leaving out 18(c) and 18 (d). Now folks I make proofing errors, but I do not get paid $46K to get a simple agenda correct!

*e) District meeting – Vermillion March 19, 2020. Now you have heard about HR BAMBEE and how according to Councilwoman Melissa Kay, “…we just do not have the information, the experience or the know how about HR…” District meeting is where you can get this information, SDML to whom you pay a membership dues is another source of information, Alcester City Attorney to whom you pay a retainer for HR information and council-folks it is part of what you were elected/appointed to do.  Readers check out the video (01:39:58:63) and (01:41:23:00) see how many council members attend the district meeting. Oh do not FOPat it where you sign up and only show up for a hour.

You want to have information, demand your finance officer get it to you in time for you to read up on the subject matter BEFORE council meeting. IF your finance officer cannot get the job done or get the information to you in a timely manner-FIRE HER BUTT! In addition do not accept her ‘translation’ as accurate, it is YOUR responsibility to verify all information. I email information from time to time to the you, or lay it at your place at the council table. I put it in front of you so when I reference it,  you can pick it up and read it at brain level. I do not place this information on your chairs so you must absorb the information through your emergency exit!

Agenda Item #18 (?) Alleged payment for a Website- HOORAY Now payments made to the city, the golf course, the pool and etc. can be made to the city via the Official Website.

WE DO NOT HAVE TO HAVE THE CITY OFFICES AT THE GOLF COURSE COMMUNITY BUILDING ‘CAUSE ALL PAYMENTS CAN BE MADE THROUGH THE OFFICIAL ALCESTER WEBSITE PAYMENT PORTAL. WE CAN ACCESS AGENDAS, MINUTES, FORMS AND ALL OFFICIAL NOTIFICATIONS THROUGH OUR OFFICIAL WEBSITE     YAY!

Agenda Item #18 (f)   Updates and reminders-One item not under the updates and reminder is the 2019 Election Issue, according to my source the complaints have been investigated and the reports are sitting in line on the prosecutor’s desk for execution.

Agenda Item #23 Executive Session

8:50 p.m. In Executive Session for Personnel

9:23 p.m. Out Executive Session for Personnel

NO ACTION TAKEN

Agenda Item #6 (?)

9:25 p.m. In Executive Session for Contracts

9:35 p.m. Out Executive Session for Contracts

NO ACTION TAKEN

Agenda Item #24 -Adjourn

Adjourned at 9:35 p.m.

02/12/2020 A Voice From the Gallery

A forward here to explain the nature of the video.  This was a come and go affair not a seated gallery who posed questions to the architect.  This affair was set to run from 4:00 p.m. to 5:30 p.m.  In actual fact the gallery roams at will and around 5:00 p.m. all activity ceased but the architect Kyle, Gary McKellips, Pat Jurrens and myself remained until 5:30 p.m. to allow for any late comers.  For brevity of boredom, I have edited out the final half hour of no movement beyond just the videographer and three presenters.

“…We can sit on the patio/veranda at the golf course and watch the Alcester-Hudson football game…”

Now ain’t that speschal. Say isn’t there an admissions fee to games to help fund the athletic programs in the school?

I attended the pre-bid informational session with local and not-so-local contractors, electrical trades, plumbing trades, landscaping trades and of course construction trades at 2:00 p.m. in the school library. COOP Architecture was present and running the session, Alcester City Employees present were city bookkeeper Patricia Jurrens, Dale Pearson and Lonnie Johnson. Also in attendance were the funding entourage of Gary McKellips and Tom Walsh. Those attending were asked to sign in and were presented with an agenda at that time. Most already had quasi-blueprints and mechanical drawings.

There was a question-answer period in which several of the group asking for clarification on the two separate but con-joined buildings (i.e. the ‘shed’ and the ‘community event’ structure.

Later at 4:00 p.m, I attended the ‘Ask the Architect’ session in the city council room sans chairs. I planned on video-taping the session laboring under the assumption it was to be an informational meeting addressing community questions concerning the structure, financial concerns and a general opinion the city offices and council chambers should remain downtown Alcester within a gallery seating type venue.  O-O-P-S!

Sadly and disappointingly this session was anything but informational. Sure there were architectural renditions of a vision but it came very evident that,

“common sense is a flower that doesn’t grow in the gardens at 308 Iowa or 410 Hidin’ in the bushes Drive”

Anyone watching the amendments to the design, the two rooms originally labeled office and conference room with a static grand total of 883 square feet of space has to think WOW! Approximately 440 square feet of space per each room where current city office rooms run slightly less, square footage-wise. However the current finance office would benefit greatly if they removed the chest deep freezer from the room.

AND SHORT-SIGHTEDLY

There is NO provision in the community center for a REAL however ad-libbed council chamber.

JUST A CHANGE IN LABELS NOT DESIGN OR DIMENSIONS.

SAMPLE COUNCIL CHAMBER

FINANCE OFFICE AND COUNCIL CHAMBERS NEED TO STAY DOWNTOWN!

 

02/05/2020 A Voice From the Gallery

Two things right off the bat.

First I must apologise for the lack of video, you cannot know how much I regret not checking for the danged memory card!!!

Second an update that the council agenda missed in the Finance Office Reminders and Updates. Finance Officer Patricia Jurrens Trial is still on for tomorrow February 6, 2020, at 9:00 a.m.

At the February 3, 2020, regular meeting of the Alcester City Council was called to order by Mayor Tom Glas at 6:00 p.m. with Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present. Alcester City Councilman Lance Johnson was absent.

The Council and gallery stood to recite the Pledge of Allegiance.

Agenda Item #3-Approve Agenda was called and approve unanimously.

Agenda Item #4-Approve the Minutes of January 6, 2020, and January 27, 2020, was called and again unanimously approved.

Agenda Item #5-Alcester EMS Update delivered by EMS President Jon Serck was called. In Mr. Serck’s presentation he gave an update the ambulance was down to three (3) EMT’s with one in the wings to be certified. Mr. Serck described to the council and gallery the need for EMT’s. He also announced that our Ambulance would be transporting only emergency calls, those emergency calls would be mandatorily delivered to the Hawarden Hospital until otherwise announced.

Agenda Item #6-Alcester Fire Department-Pat Kast Fire Chief requesting special alcohol permit and the change in date to Saturday, March 21, 2020, running from 3:00 p.m. to12:00 a.m. in the Alcester Fire Department. Fire Chief Kast’s request was approved unanimously.

Agenda Item #7-Public Input- I, Vickie Larsen addressed the council with comments regarding Alcester City Finance Officer Patricia Jurrens verbal attack on a person at their place of business regarding a circulation of petition, what was in the petition, what did it involve, who was circulating the petition and where was the petition. Folks this is at least a second report of Alcester City Finance Officer Patricia Jurrens verbally accosting people with regard to circulation of petitions. This is an illegal act due to the fact the Alcester City Finance Officer is the election official of the municipality of Alcester. It is my understanding the first time was FO Pat heard gossip there was a petition being circulated, she wanted to know who, what, where and expressed her desire to, “…tear it up…” It is my understanding the council became aware of the most recent violation of election issue. Which I imagine was dealt with or not dealt with in Executive Session.

Agenda Item #8-Legal Updates-Sam Nelson, Alcester City Attorney-

a)   ACA Nelson presented the City Council with copies of 2020 House Bill 1116 (revisions regarding the use of perpetual care trust funds to maintain cemeteries), 2020 House Bill 1120 (allowing second or third class municipalities to act as Planning and Zoning commissions), 2020 Senate Bill 61(revision of certain provisions regarding a municipal office nominating petitions) and 2020 Senate Bill 135 (bid limits of certain public improvements). I would like to thank ACA Nelson for giving me copies of those bills.

b)  Alcester Community Building-sealed Bid, Bid Opening March 2, 2020, at 6:30 p.m.

c) 2020 Chip Sealing and FDR Bid- Motion to approve advertising 2020 Chip Seal Bid and FDR (Full Depth and Reclamation) set for March 2, 2020 at 6:45 p.m. O-o-o-p-s FDR is no longer an option cause it seems Ol’- FDR with the snow, rain and subsequent wetness now resides in the storm sewer and in our street department’s considered opinion isn’t such a good idea after all. SO NOW WHAT? ACA Frieberg is working on the bid documents, work to be under $30K H-m-m if I remember accurately our annual (not for long) little ol’ street maintenance TAX garners somewhere around $37K per year. H-m-m.

Agenda Item #9– Ordinance Changes-

a) Second Reading of Ordinance 2020-01 – 1.0202 An Ordinance Amending the Existing Municipal Ordinances of the City of Alcester, South Dakota, Title 1, Chapter 1.02, Section 1.0202 Regular Meetings. Moving the regular meeting from 7:00 p.m. to 6:00 p.m.  IT seems the meetings are running past Mayor Glas’ bedtime. Oh by the way the Mayor was encouraged to read the Ordinance aloud, Yeah. If it would not have been cruel and unusual punishment on the gallery, I would have called for Mayor Glas to repeat the ordinance so the gallery could hear and understand the dyslexic pontification in the style of Comedian Norm Crosby Mayor Glas put out. No amount of better acoustics is going to cure that.

b) Second reading of Ordinance 2020-02 – 5.02 An Ordinance Amending the Existing Municipal Ordinance of the City of Alcester, South Dakota, Title 5, Chapter 5.02, Sections 5.0211, 5.0212, 5.0212A and 5.0213 Fluffy and Fido. Licensing Pussy Cats as well as Puppy Dogs. IT seem the ratio between pussie cats and Rats has dipped and Fluffy has worn out her welcome within the city. So the City is mandating a license to bell the cats so-to-speak.

Now folks let’s taking a look at this and apply a human element into this war on pussy cat Fluffy. IF Pussy Cat Fluffy lives within the city limits of Alcester she must be collared, belled, spayed and licensed. So begs the question, IF Pussy Cat Fluffy declares her residence OUTSIDE the city limits does she need to be collared, belled, spayed and licensed. She gets her mail via RFD but she does spend her days within the city limits earning her living.

So now the human element, City Council person is elected/appointed to Ward II, he must live, get his mail and sleep in Ward II, Right? But what if City Councilperson buys a house in Ward III and intends to live in said Ward III house, according to statute HE/SHE must resign from city Council because HE/SHE no longer lives in Ward II. SO what happens if he only sleeps in Ward II and does everything else in Ward III. H-m-m it is no wonder the City Council wants advice from BAMBEE HR of California!

Agenda Item #10-Nuisance Property Discussion

a) 210 Ofstad Update

307 Broad Street

Speaking of nuisances, What about the place on East Iowa across from Mayor Magoo where the owner parks the backend of her car across the sidewalk?

Speaking of nuisances-I suggest we Fire Geoff Fillingsness, follow the lead of Beresford and get rid of excess city baggage.

b) Water flowing off the City Owned Building (Bar) flowing through the city      owned alley and onto adjoining property adversely affected Arlene’s Cafe. The city owns the bar, run-off from the building and alley is adversely affecting the adjoining property owner. The fix is the financial responsibility of the city.

Agenda Item #12 Street Updates-Lonnie Johnson

The street department mentioned the Full Depth Reclamation issue and the Street Committee of Councilman Lance Johnson, Councilwoman Linda Talbott and Councilman Dan Haeder (hopefully I got the names recorded correctly) were going to contact Engineer Kim McLaury to get his opinion. When asked what McLaury’s qualifications were with regard to streets, I believe it was FO Pat who answered, “…well he owns his own company…” Yeah just a refresher course on Mr. McLaury’s expertise in engineering and I do not mean Thomas the Train Engine. Mr. McLaury’s engineering expertise the Alcester SRTS inflicted upon the city of Alcester where he designed an ADA Bridge traversing the horseshoe pit and alley through the park. Where the contractor had to go back in a raise the topography into the air almost at the same height as the swimming pool diving board because Mr. McLaury just could not seem to grasp the incline/slope into ADA regulations. I believe the cost overrun on that jewel of engineering was something like $20K which the city elected to kick over and pay. Got to wonder how much the fix for FDR is going to cost the city taxpayers. I swear it would be cheaper to add FDR to Mount Rushmore than cover FDR on our streets.

Agenda Item #14 Property Purchase 01.01.13.1040 Quam & Berglin Rentals $15,000 to come out of the second penny sales tax. There we go again, Mayor Glas and FO Pat working on Pay-Day Loans. It is to be noted here than Mr. Wegh does not mind an add-on garage to the building next to his establishment. Well evidently the Mayor Glas, FO Pat and Councilman Lance Johnson asked if Mr. Wegh would be bothered by a garage.  A courtesy they did not extend to the folks on Anderson Street.  Purchase was unanimously approved.

Agenda Item #17-Pleasant Hill Cemetery Update.-Finance Officer Patricia Jurrens

a) changing the signatories on the bank accounts which includes signers Mayor Glas, Finance Officer Patricia Jurrens, ASS’T Finance Officer Wanda Halverson, and Councilman Dan Haeder. Folks one work of caution on this acquisition, perpetual care carries a great deal of future debt. When the spaces are depleted, the money for care stops and becomes an obligation of all taxpayers.

Agenda Item #18 -Finance Office Updates-FO Pat

a) Warrants – Bills for condensing unit for the Bar-general fund

Bill for a Reznor Tube Heater city shop-general fund

Warrants approved unanimously

b) Tax Abatement-County gave us a refund and P-f-f-t it is gone.

c) City Utility Positions-Add a new FT job at $13.00/hour, city to hold interviews for candidates.

d) HR Services- Folks the city wants to contract out to Bambee HR, Los Angeles, CA to tell them how to deal with the city employees. Note here that not one (that I am aware) of the council members is a business owner who employees more than five employees. WOW Price Tag $500 up front audit of employees related expenses, re-write the personnel manual, $200/ month billing whether Bambee is used or not.   The reason, oh folks you are going to love this (and I wish I had this on video) the council is tired to paying out $125.00 per hour for advice from City Attorney Sam on their HR questions. Oh man you should have seen Sam’s face. DEJA VUE! Sam I hate to tell you, but you are not the first attorney Mayor Glas and FO Pat have done this to.  Folks you need to check out the Terms of Service of Bambee (https://www.bambee.com/legal/tos ) Evidently the council has not because they would not have been talking in the terms they discussed in front of the gallery. If the council carries though with the logic they discussed, they are going to be sued. I know Mayor Glas did not read them because I did not see a Dick and Jane Version of the Terms of Service on Bambee’s website.

Folks we are members of the South Dakota Municipal League, both Sam Nelson and Thomas Frieberg are lobbyists for the SDML, Alcester pays a membership fee which covers certain entitlements of membership so why in the world are they asking a California psychic HR for advice on South Dakota municipal employees. Granted both the state and the federal dictate rules and regulations over employees but still BAMBEE? Are ya kidding?

Agenda Item #18 (f) -Reminders and Updates.

Agenda Item #20 Community Center Update February 11, 2020, at 4:00 p.m. at the city auditorium. Evidently it is a come and go and of course scheduled off hours for anyone who works for a living. Nice timing, right. Let Mayor Glas know. Geez Louise, why 4:00 p.m.? Does it interfere with Mayor Glas’ early evening Nap?

Agenda Item #21-Update of Volunteer Roster

Names removed from EMS: Don Brose, Mike Burke, Nancee Cowell, Brandi Smith, Paula Wiberg. Names removed from FD Jesse Duncan and Ryan Micke

Agenda Item #22-Executive Session Personnel

Entered into Executive session at 8:06 p.m. with the Mayor Glas, City Council members, Larsen, Reppe, Haeder, Kay and Talbott, and Finance Office personnel Patricia Jurrens and ASS’T Finance Office personnel Wanda Halverson, Exited from Executive session at 8:23p.m.  Do you s’pose they discussed Finance Officer Patricia Jurrens illegal attack on a citizen over petitions?

Agenda Item #23-Adjourn

Council Adjourned at 8:24 p.m. early enough for Mayor Magoo to rush home and make his beddie-by time.

 

PS: “How to circulate a county or municipal Initiative or Referendum Petition” Steve Barnett-SD Secretary of State

elections@state.sd.us   

 www.sdsos.gov

 

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.

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>.

12/02/2019 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.*