Tag: Melissa Jean Kay Alcester SD

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

 

02/01/2020 A Voice From the Gallery

Agenda 02/03/2020

 

COMING UP:

January 6, 2020,AGENDA ITEM #18 (e)-Motion to Approve CDBG Loan to City $32,640.66 (police car). 0% Interest, 4 year Payback per schedule. No action taken on CDBG Loan to City as Sam Nelson needs more information.

January 27, 2020,Special Meeting Agenda carried no provision for City Attorney Sam Nelson’s report on the $32, 640.66 proposed CDBG Loan to pay for the Police Car. H-m-m?

February 3, 2020, Agenda Item #8-Legal Updates-Sam Nelson-NO CBDG?

*Generally I do not like to use Wikipedia as a source because it can be edited by anyone. I will in this case include a quote from Wikipedia as it relates to Allocation of Funds,

“…communities must meet certain requirements…First, ‘not less than 70 percent of CDBG funds must be used for activities that benefit low- and moderate-income persons.’ Secondly, funds MUST be spend on eligible activities, which are broadly defined as including ‘community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services.’…Such activities may include ‘Acquisition of real property, Relocation and demolitions, Rehabilitation of residential and non-residential structures, Construction of public facilities and improvements’ and more…Third governments must follow a plan of project selection that includes citizen participation, especially by citizens who live in ‘areas’ in which the grantee proposes to use CBDG funds” *(https://en.wikipedia.org/wiki/Community_Development_Block_Grant.)

State Allocations and Contacts State CDBG allocations by state are listed at: http://www.hud.gov/offices/cpd/communitydevelopment/budget/. The best contact people are the HUD Field Office Directors, whose contact information can be found at: http://www.hud.gov/offices/cpd/about/staff/fodirectors/.

 

CONCLUSION:

NO CBDG FUNDING OF EQUIPMENT DESCRIBED AS POLICE CRUISER AND PER THE ALCESTER ORDINANCE FOR SECOND PENNY SALES TAX–ASSETS ONLY– NOT POLICE CRUISERS THOSE MUST COME OUT OF GENERAL FUNDS. NO PAY DAY LOANS ALLOWED FO PAT!  Wow, I did not realise Beacom had a program in PayDay Loans!

February 3, 2020, Agenda Item #14-PROPERTY PURCHASE 01.01.13.1040 QUAM & BERGLAND RENTALS, $15,000, 2ND PENNY-Class NADC and NADC2 valuation 2019 $16,260 Purchase price to be taken from 2nd penny sales tax. It is to be noted here, upon city purchase the property ceases to accrue tax dollars benefiting the residents of Alcester.

February 3, 2020, Agenda Item #15(b)-Golf Cart trade-in/purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.

February 3, 2020, Agenda Item #15 (c)-Golf Top Dressing Mower Purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.

February 3, 2020, Agenda Item #18 (e)-Motion to approve Loan to City, from Revolving Loan Fund (?), $32, 640.66, 0% interest, 4 year payback per schedule.

SO FOR US NOT-SO-ASTUTE RESIDENTS, ‘Lay Persons’ and ‘snoopy, busy-body neighbors’…Tell us what is the difference between the CBDG and a Revolving Loan Fund.  Just a name change?  Semantics Sam?  ACA Sam, is your judgment of a ‘well constructed letter for a lay person’ based upon Class ‘A’ legal advice, English degree, South Dakota Municipal League Lobbyist, seat in the SD Bar or participant/advisor to the city council in canvass of the 2019 mayoral votes meeting where Alcester City Finance Officer Patricia Jurrens handed over the keys to the ballot box and the council was allowed to handle the election ballots?”  Sam just because an argument does not ‘jump-out’ at you like a 400 lb. gorilla, it does not mean a small soft warning growl in the dark of a room does not mean there are no paws, no claws and no jaws waiting, on the ready to defend to the end! The FAT LADY is STILL not singing, do-re-mi-oorah!

 

Please readers, attend this meeting.

It is important.

Public Input is AGENDA ITEM #7, TELL THE COUNCIL WHAT YOU THINK. IT IS YOUR RIGHT, YOUR VOTE, YOUR TAXES!

 

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!

06/21/2018 A Voice From the Gallery

If I am silent it’s because there is a thunder inside me Or I am just chillin’, it depends.  May the odds be ever in your favor.

author unknown

Before I begin my commentary on the June 11, 2018, special city council meeting, upon advice my comments involving the legal procedure for filling of a vacancy on the council had an error I make the following correction.

First it is important to know that city of Alcester is by definition a second class municipality.   According to SDCL § 9-2-1, “…Municipalities of the second class are municipal corporations with a population between five hundred and five thousand…”.

Second the city of Alcester is by definition as aldermanic consisting of a mayor and what is called a common council, this form of government is generally referred to as a strong council, weak mayor meaning a council of six voting members versus one mayor who does not have the power of vote beyond ties and contrary to Mayor Glas and Finance Officer Pat Jurrens apparent belief of a strong mayor, weak council and one terminally pushy Finance Officer operating under the delusion she is City Manager.  According to SDCL  § 9-2-3, “…Each municipality shall be governed by a board of trustees, a mayor and common council, OR by a board of commissioners. (Source: SDC 1939, § 45.0401; SL 1992, ch 60, § 2; SL 2000, ch 34, § 1.)”

Correction

SDCL §9-8-5 Titled Power of council to judge members and govern proceedings-Bribery vacating office.

    “The council is the judge of the election and qualification of its members. The council determines its rules of procedure, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen may expel a member…(Source: SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204; RC 1919, § 6210; SDC 1939, § 45.0704; SL 2017, ch 56, § 6.)”

and

SDCL §9-13-14.1 Titled Filling of vacancy on municipal governing body-No special election.

“Filling of vacancy on municipal governing body–Appointment or special election. If a vacancy exists on a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special election for the remainder of the unexpired term as provided in § 9-13-14.2. In the aldermanic form of municipal government, the appointment shall be a person from the same ward of the municipality. If electing a person to fill the remainder of the unexpired term at an annual municipal election, the vacancy shall have occurred prior to the publication required by § 9-13-6.  (Source: PolC 1877, ch 24, § 18; CL 1887, § 1039; SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204, 1434; RC 1919, §§ 6198, 6210; SL 1931, ch 200, § 2; SDC 1939, §§ 45.0603, 45.0704; SDCL §§ 9-7-4, 9-8-6; SL 1979, ch 50, § 2; SL 1992, ch 60, § 2; SL 2005, ch 48, § 5; SL 2006, ch 28, § 1; SL 2010, ch 74, § 5.)”

With those citations serving as basis for correction of my previous comment regarding the appointment and ratification of Councilmember Linda Talbott simply put and according to statute not practice, it is up to the five remaining, duly seated members of the council to secure a candidate, appoint and ratify the candidate for interim council member NOT the mayor nor the Finance Officer.

Now to the meeting of the special meeting of the Alcester City Council which appears to act as the Cliff Notes version of a Bigger Problem.

The special meeting was called to order by Mayor Glas with Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilwoman Darla Reppe, Councilman Dan Haeder, Councilman David Larsen, City Attorney Sam Nelson and oh yeah, Councilman Lance Johnson present.

Agenda Item #4 – Police Department

  1. a) Police personnel Discussion- the June 4, 2018,  the language of the Councilman Lance Johnson’s motion to hire Jeff Christie as Alcester Police Chief was restricted to specific contract language regarding salary versus hourly wage.  Historically Alcester Police Chief’s were salaried positions.  It is extremely important to note here certain groups of workers are excluded from over-time pay.  As I understand it, Fair Labor Standards Act (FLSA) requires all covered non-exempt employees be paid overtime pay at no less than time and one-half their regular rates of pay for all hours of work in excess of 40 in a work week.  However Section 13(b)(2) of the FLSA provides an overtime exemption to law enforcement or fire protection employees of a public agency that employs less than five employees during the workweek in law enforcement or fire protection activities.  So is this Mayor Cheap-Glas’s move to low-ball our police officers pay and hand over quasi-control of our police department to FO Pat?

There are three criteria used to determine if the employee is exempted from the minimum wage and over-time protections. 1) the employee must be paid a pre-determined and fixed salary that is not subject to reduction, 2) the salary paid must meet a minimum specified amount and 3) the employees job duties must primarily involve executive , administration or professional duties as defined by the regulations (duties test).

So explain it to us Mayor Cheap-Glas’d, explain in detail why you and your minion FO Pat pushed to reduce the Salary of the Alcester Police Chief to an Hourly wage?  Oh and don’t fob us off on advice of counsel, that tired old response has run its course of credibility.  Oh and while you are at it, explain why conditions are not retro-active (00:05:55), to Police Chief Chris’ salary?

AND of course the city is not barred from paying over-time to our officers.  It does have the discretionary power to pay over-time to its officers.

Agenda Items #5-Warrants and Agenda Item #6 – Sexual Assault Prevention & Response Training were disposed of through vote.  The Sexual Assault Prevention & Response Training was scheduled for the week of July 9 with a morning session as well as an afternoon session.

Agenda Item #7 – Executive session As usual the session was for personnel purposes, as far as the Alcester City Mayor and FO Pat Jurrens there is no other kind of purpose for executive session!  Council went into session at 6:15 p.m. and exited personnel executive session at 6:45 p.m.

Meeting was adjourned at approximately 6:46 p.m.

Folks nothing was introduced on pool slide rules or the imminent danger of injury due to the placement of the slide and rules of use, i.e. pool safety recommendations of  feet first sliding, no head first or backwards sliding, no child under the age of 6 years old without parent in the pool catching, only one child on slide or slide ladder at a time, no toys on the slide and roped off to keep swimmers out of the splash down zone.  I passed out pool slide rules from other sources including a national organization for safety last meeting for the council to read.  Evidently it is not as Finance Officer/Bookkeeper Pat Jurrens puts it, a high priority.  Alcester children it appears are not a high priority.  Imagine your 8 year old or 10 year old suffering a spinal cord injury with the life-long result of tetraplegia or paraplegia because the pool rules were not set or enforced.  Are you willing to bet your child’s future on FO Pat’s ability to distinguish high priority or ignorable priority.  FO Pat’s, Mayor Half-Glas’d and the city’s pocket are not deep enough to restore what may be lost through sheer ego and terminal stupidity!