NOTE: Significant beneficiary of this change Of Planning & Zoning is Alcester City Councilman Lance Johnson who by his admission in the March meeting wanted to build a garage on North Anderson Street to house his fifth wheel trailer. First Lance Johnson has already violated “regulations, agreements and conditions running with land” on the parcel ID 01.11.10.1035. #1. “… No structure shall be erected on any of said lots except for residential purposes…”Residential purposes shall be defined as a single family or duplex residences…” #4. “No residential lot shall be re-subdivided…”
Folks we have a councilman who has seems to adhere to the theory of self-entitlement Alcester City Councilman Lance Johnson during the April Mayoral Election allegedly destroyed campaign signs put up by Mayoral candidate Mike Bucholz, a witnessed event.
Then Alcester City Councilman Lance Johnson got all Roosterie, a squawkin’, flappin’ his wings, puffin’ his chest out and struttin’ all stiff legged down to the Police Department alleging I trespassed on “his prop purty” and threatened to arrest me for criminal trespass.
What did I do? I asked the work crew where the building permit was, standing in the middle of Anderson Street. An’ ol’ Alcester Councilman Johnson got all bent out of shape. Imagine what he would have done if I had torn down his campaign posters?
Folks the definition of criminal trespass is below:
SDCL 22-35-6. Entering or refusing to leave property after notice–Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
Actual communication to the person who subsequently commits the trespass;
Posting in a manner reasonably likely to come to the attention of trespassers;
Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. (Source: SL 1976, ch 158, § 35-2; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.)
But Alcester City Councilman Lance Johnson seems to think it is okay for him to rip down a campaign poster and signs—–stealing campaign signs violates the law.
So Councilman Lance Johnson it is okay for you to rip down and destroy campaign signs during an election but you threaten me for asking where your building permit is while standing in the middle of a public street?
Let’s talk about the building permit. FO Pat Jurrens says there is no requirement when the permit should be posted—
WRONG, LOOK AT THE PERMIT
LOOK AT THE APPLICATION—THIS IS RESIDENTIAL LAND NOT AG LAND—ALCESTER CITY COUNCILMAN LANCE JOHNSON FALSIFIED THE APPLICATION.
I have heard that Alcester City Council President Dan Haeder is pro tem mayor in Mayor Glas’ absence. I am troubled that Finance Officer Jurrens has not been placed on restricted duty or even relieved of her duties until a hearing has convened.
My rationale is if a grand jury found enough evidence to indict, issued an indictment, and an arrest warrant, how can the Alcester City Council have any confidence they are being told the truth especially in the light the Alcester City Council was encouraged by Finance Officer Jurrens to open the ballot box during the election canvass of April 9, 2019, when she knew better.
How can the council members trust a Finance Officer who according to the indictment lied to law enforcement not once but twice? What else don’t we know? What don’t we know about the interaction between Finance Officer Patricia Jurrens and Code Enforcement Officer Geoff Fillingsness and his affidavit to gain an administrative warrant of inspection?
“Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption, subjugation and indignation.” Atifete Jahjaga
The October 2, 2019, regular meeting of the Alcester City Council convened at the Alcester Golf Course Clubhouse at 6:00 pm with Mayor Glas, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present. Absent was Ward III Councilman Lance Johnson. Also present were Jon Serck, Alcester EMS; Geoff Fillingsness, Alcester Code Enforcement Officer, Alcester Chief of Police Jeff Christie, Police Officer Austin Schuller and Former Finance Officer Michael Kezar and other interested folks.
I want to start with the fact the meeting was opened at the Alcester city shop for a tour from 5:30pm to 5:45pm. I did not attend that meeting so whether the meeting was in fact opened, the meeting was adjourned or whether any city business was conducted I have no first-hand knowledge.
The Pledge of Allegiance was recited, the agenda was approved with a unanimous five (5) aye vote and the minutes of the September 4, 2019, and September 16, 2019, meeting were approved with no changes with a unanimous five (5) aye vote.
Agenda Item #5 Public Input I, had public input. My topic was the city charging Alcester EMS for sewer and garbage, see the demand letter from the city of Alcester. Also please note the Alcester City Finance Officer’s response to my question and the response from Alcester EMS Jon Serck. (00:08:52)
I also spoke on the topic of Finance Officer Patricia Jurrens refusal to hand over FOIA, specifically dealing with the Property Maintenance Violations list. Alcester City Attorney Sam Nelson’s position these are not public records, I argued the City of Sioux Falls has their Property Maintenance violation citations on their website so this sets a precedence for Alcester to provide these public records and in 2016 the city provided me the property maintenance code violations with an argument but I got them. I handed Alcester City Attorney Sam Nelson a copy of those SF violation records from September 2019 as proof. I EXPECT THOSE RECORDS TO BE PROVIDED TO ME!
Code Officer Geoff Fillingsness stuck his nose into the discussion (00:13:25) Code Officer Fillingsness stated, “I am the president of the South Dakota Association of Code Enforcement!” O-h-o-o-o-o! Really? Mr. President of the SD Association of Code Enforcement states, “…we (the code association respect the privacy… we do not release names of violations…” Really? When asked the question why he (Code Officer Fillingsness) was no longer the Beresford Code Enforcement Officer, Code Officer Geoff said (00:16:39), “I was fired…you want to know why I was fired?” Listen to why he says he was fired. Do you ‘spose’ the new mayor of Beresford would agree with that assessment? I doubt it!
LOOK AT THE PURPOSE OF THE SD ASSOCIATION OF CODE ENFORCEMENT set forth on the SDML website (www.sdmunicipalleague.org/codeenforcement) South Dakota Municipal League South Dakota, October 6, 2019, South Dakota Association of Code Enforcement)
“To operate, without profit to the Association, or its members, as a state association to advance, educate and improve efforts of state, county, city and other political subdivision employees who are actively involved with and responsible for the enforcement of housing, municipal, county, state or federal codes without regard to race, creed, color, national origin, or sex.
To encourage professionalism with regard to the standardization of enforcement of environmental, and housing codes.
To supply and advance the science and practice of code enforcement through certification and to provide training workshops, seminars and conferences facilitating and advancing the administration of the various codes with which the Association is concerned.
To exchange information relating to the code enforcement profession.
To promote policies that will facilitate and improve code enforcement procedures”
Mr. Code Officer Fillingsness please explain bullet point #2, “…to encourage professionalism with regard to the standardization of enforcement of environment and housing codes…” I mean just how does that work in YOUR world? I mean when ya’ll don’t know if the judge is a he or a she. If ya’ll left your paperwork in your car? Really. Oh an’ yeah, who was the affiant who attested to alleged conditions? You do know lying to a judge or making a false statement is as illegal as making a false police report just ask Pat.
Folks you need look and listen to Pat at (00:16:39) during the discussion on my FOIA request. FO Pat asked the question, “…Why do you want this information…?” Councilman Melissa Kay hushed FO Pat, ’cause FO Pat cannot legally ask that question! Amazing!
With regard to my FOIA request, Mayor Glas announced (00:21:47) he was going to follow Alcester City Attorney Sam Nelson’s advice. Mr. Mayor, YOU were not so willing with the previous city attorney! Really Mayor, you just declared you were going to refuse me access to public records? You might want to check the penalty on that one!
Agenda Item#6Mike Kezar’s appeal of the Property Maintenance Violation Citation. You really have to hand it to President Code Officer Geoff Fillingsness, he cited lack of smoke alarms, flower pots without flowers, vermin and having a kitchen in the basement. Really? How many of you folks have smoke alarms in every bedroom, how many of you folks have mousetraps in your homes, how many of you folks have a kitchen in a lower level part of your home and how many of you have an empty flower pot or two. I do, in fact I have pot-people sitting in the front of my home.
In addition, I have filed two property maintenance violation complaints and President Code Officer Fillingsness has ignored them. I do believe that is called selective administration of Code and I do believe that is failing to do his duty. It is called non-feasance or in this case I believe President Code Officer Fillingsness is guilty of malfeasance.
President Code Officer Fillingsness gave his opinion on Mr. Kezar’s garage, I wonder how much President Code Office Fillingsness will pad his bill for unsolicited advice?
Agenda Item #16 Tiny House- Folks unless you want Tiny Homes next to your home, do not allow these portable potty trains into your neighborhood. There is no real estate tax benefit to these playhouses for the community.
Agenda Item #17-Fiance Office Update-Councilwoman Melissa Kay question FO Pat about the city website AGAIN. FO Pat responded I will be working on it. That is like the Fat Lady in the Circus working on her diet while she is munching on a fresh fried donut dunked in glaze.
Agenda Item #23 Executive Session-Contracts- The council moved into Executive session at 7:58 PM and I was ushered out into the cold, dark misting night and all by my lonesome. I huddled near the windows of the clubhouse, watching the council ‘disgust’ contracts. I wonder what they would say if I told them I could read lips or I was videotaping them?* At 8:16 PM the door was opened and I was allowed to come in from the cold.
The council adjourned at 8:17 PM.
Note: I understand there was a recent happening. It is my understanding there was a false report? If that information is accurate, the Alcester FO must be relieved of her duties until the situation is resolved through the courts. The Alcester FO is in charge of Alcester’s monies and with the quality of over-sight of Mayor Magoo Glas, that has the feel of the Fox taking inventory of the hen house egg production! More to come!
*By the way, I cannot read lips and the camera was shut down!
Please note the placement of the wire basket of folders on the council table. It certainly is convenient for Mayor Glas and Councilman Lance Johnson to hide behind. Just so ya’ll know Pat, I can always crank my tripod up but the good folks in the gallery cannot clearly see the faces of Mayor Glas and Councilman Lance Johnson or hear the Mayor and Councilman Johnson as they mumble their way through a meeting. Co-incidental, nah I don’t think so!
Mayor Tom Glas called the September 16, 2019, meeting of the Alcester City Council to order at 6:00 pm with Councilman Dan Haeder, Councilman Lance Johnson, Councilwoman Melissa Kay, Councilwoman Linda Talbott, and Councilwoman Darla Reppe. Councilman David Larsen was absent as was Alcester City Attorney Sam Nelson.
Agenda Item #3-The council approved the agenda with one correction to the Executive Session. The Executive Session was for 1-25-2.3 NOT 1-25-2 what-evah!
1-25-2. Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of:
(3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;
The agenda change was approved with the change. Why is it that FO Pat cannot seem to get executive session correct? However Councilman Johnson. “so move” just does not cut it. Ya’ll got to STATE the motion. For all we know when ya’ll say “so move” Councilman Lance Johnson, you could be a tellin’ ol’ Mayor Glas to move his little ol’ self over, ’cause he’s a crowdin’ yer space.
The agenda did not address the minutes from the September 4, 2019, meeting so neither did the council. So the September 4, 2019, minutes are left in the fridge just like left-over pasta till the council can ‘get-to-them’.
Agenda Item#4 Input-
I raised the issue that the Alcester Food Pantry DOES NOT have a CBDG Loan, it is the Alcester Health Services Foundation. I pointed out FO Pat’s error and suggested she take better care in the naming CBDG Loan recipients accurately within city documents.
I went on to remind the group of a FOIA regarding the listing of folks receiving notices from the Pat and Geoff Property Maintenance Protection Squadron (Snoopy staffen).
Lastly I addressed Councilman Lance Johnson, handing out a copy of his letter of intimidation to the council members. I warned him about bullying and intimidation and I would not tolerate his behavior. I was never on any property belonging to the Johnson Family Trust, I was just looking for a genuine building permit which as of last night STILL is not posted IF it exits.
Next up during Input was Jon Serck from the Alcester Ambulance who started out with an apology to the council for a letter sent in response to a letter to the ambulance from the city dunning the ambulance for water and sewer usage.
Folks for almost 16 years I volunteered with the Alcester Ambulance as an EMT and treasurer/bookkeeper. In fact I was one of a group of volunteers who worked very hard to re-vive the defunct ambulance with donations arising out of fundraisers, residual funds from the previous ambulance and a lot of hard work. The former ambulance vehicle was given away, the ambulance garage building had been combined with the police department and there was no equipment left. So we started with nothing and we had to prove ourselves (rightly so) to the former crew. We had an uphill struggle. We scheduled certification classes, Beresford ambulance graciously allowed us use of some of their equipment with which to practice our skills for testing and we sat for the national certification tests, practicals and written. In 1996 we passed our testing and we were nationally certified EMT’s.
But we still needed an ambulance vehicle, medical supplies and a place to store our rig. We purchased a used ambulance for $15K, bought sheets blankets, medical supplies, radios, pagers and so on with the donated moneys. Alcester Fire Department graciously allowed us to store our ambulance in their garage. Union County came through with annual funding of around $10K and Alcester City eventually footed our cell phone, back up to our radio. In the entire time I spent volunteering with the Alcester Ambulance and handling the accounts the only monetary support from the city of Alcester was one cell phone and a place on the volunteer insurance roster.
We managed to save our money to purchase a new reliable ambulance, upgrade our equipment, build our own building, upgrade radios, upgrade AED and add a computer with the capability to connect with the hospitals.
NOW I find out in last night’s meeting that FO Pat has been charging the VOLUNTEER AMBULANCE for sewer and God only know what else. Now folks the way the sewer is charged, it is inextricably tied to water usage. Therefore NO WATER CHARGE-NO SEWER CHARGE! It is my understanding the Fire Department is exempt from these charges. FO Pat continually rationalizes the Ambulance can bill. Stryker cot $10K-$20K, 12 lead AED $3K-$10K, New Ambulance $250K, required continuing education, upgrades in training and etc. The ambulance cannot slap a special assessment like FO Pat does (for now) and raise real estate taxes.
Agenda Item #5 2020 Budget second reading with a change separating the community building from the golf course.
Agenda Item #6 once again tabled to the October 2, 2019, meeting at the golf-course due to a new player in the auction field.
Agenda Item #7-destruction of water and sewer records with a snide shot from Pat about the Former Finance Officer saving records longer that she thinks he should have. Amazing, this coming from a woman who allegedly tossed a letter dunning the ambulance for water and sewer.
Executive Session Agenda Items #8-With no attorney present the council went into executive session for litigation purposes. So who is giving out legal advice, FO Pat? So for about 20 minutes the council visited about litigation with an occasional burst of laughter. GEE what is funny about litigation?
Agenda Item #9 Meeting was adjourned BUT, BUT Check out the Video. Pat continued to discuss business with a quorum present.
Check out the photos from yesterday, September 10, 2019, Alcester City Councilman Lance Johnson STILL has not posted his building permit.
So who gets the blame Pies Construction for not having a building permit displayed BEFORE they broke ground? Alcester City Councilman Lance Johnson for not getting a building permit, displaying a building permit on the premises, or before ground was broken? Or Alcester planning and zoning for not publishing the planning and zoning code or enforcing planning and zoning or SECOG Patrick Andrews for failing to provide accurate and usual practices to his client the Alcester City Council. So what version of the International Planning and Zoning codes did he provide and the council approve.
Folks, we can change this! We can change the city Offices being closed on Tuesdays, too. We can take the initiative, literally! We can be resolute and effect change!
Check out the pictures 518 Anderson Street-Lance Johnson 09-10-2019 Oh yes, I took the photographs from the street. No crony-ism here!
I think we should charge a minimum property tax charge for garage only properties like we are being charged for water. Oh yeah and make it retro-active!
Call the city office let Finance Officer Patricia Jurrens know (605) 934-2851, Call Mayor Tom Glas (605) 934-2188 let him know or call your city council member as published in the Alcester Union-Hudsonite. Let them know!
Prior to the September 4, 2019, meeting FO Pat told me the funeral home has a building permit posted.
Yeah, where? Well folks the building permit for the funeral home is located in the east window of the Quam-Berglin Building ’cause there was no wall to attach the permit to. REALLY, REALLY Give ol’ FO Pat a cane ’cause that excuse is so lame even Mayor Magoo could see through it. I told Pat the permit should be on the premises and maybe a simple wood stake would take care of the lack of a wall. Geez Louise, give that woman a crystal ball with instructions how to use it and she would ask, ” how do I see through my hands?” Good Gravy FO PAT is still looking for Carmen and Waldo and Mayor Glas is still scratching his head and asking who is Carmen and Waldo?
Mayor Tom Glas called the September 5, 2019, regular meeting of the Alcester City Council to order at 6:00 pm with Councilman Dan Haeder, Councilman Lance Johnson, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilwoman Darla Reppe, Councilman David Larsen and standing in for Alcester City Attorney Sam Nelson was his father, Larry A. Nelson ’cause Alcester City Attorneys Sam Nelson and Alcester City Attorney Tom Frieberg had homework from the judge in a civil case.
The council approved the agenda with no corrections and approved FO Pat’s version of the minutes for August 5th and August 13th.
Public input was called with no responding input.
Agenda Item #6-Since the meeting was well ahead of the scheduled community center presentation by Gary McKellips and Tom Walsh the council continued on with the ‘business’ of the night.
Agenda Item #7 was legal updates and legal has been very busy indeed. Cemetery obligation is still waiting on Alcester City Attorney Sam’s changes to the agreement between the city and the cemetery board and yet another draft.
Agenda Item #8-clean up nuisance letters by Alcester City Attorney Sam Nelson-Oh but he wasn’t there and his father quoted Sgt. Schultz, “I know nothing…” about this. Further discussion included a condemnation and other nuisances.
Agenda Item #9Street Parking. This agenda item was brought to the council by Councilman David Larsen so council could consider changes to parking restrictions as the merge of all grade levels to the sixth street school location and with added bus stops at all three daycares. The council entertained a motion to draft a parking ordinance involving Iowa and 5th streets in Alcester’s Ward II. Unanimous vote to draft an ordinance.
Agenda Item #10 The man-hole on third street.
Agenda Item #11 Water and Wastewater. Dale missed the schedule change and was not present. FO Pat winged it, she really should give up flying-by-the-seat of her petti-pants! According to FO Pat’s sharing of test results, we have ‘nothing’ to worry about. Well at least about the wastewater.
Agenda Item #12 Police Department- Chief Jeff Christie presented the department stats, discussed the city owned shot-gun surplus and sale. The motion was made and approved the city declare shot-gun surplus and dispose of them via auction or sealed bid.
At 6:15 pm the Community Center presentation was scheduled to begin so the council and gallery adjourned (not formally mind you) to the auditorium gym. I wondered why did Mayor Glas not introduce Mssrs. McKellips and Walsh, after all he IS the mayor. Why was Finance Officer Jurrens playing hostess-in-charge? Then it was ‘splained that Ol’ mistress Jurrens was the third wheel on the community center bike.
Mr. McKellips made his presentation. He dodged the question of city offices in the community center at first but later in the presentation he conceded the plan included city offices to be re-located to the community building. The city’s share is somewhere north of $500K plus add-ons for the golf club.
The question was asked what happens if the city rejects the current plan, will the money still be available for a re-think plan. There was hemming and hawing with a substantive silence indicating the money might not be available. While I am in favor of a community building, the city offices MUST stay down-town Alcester.
Oh, Oh, I have an idea! Later in the meeting was a discussion on a tiny house development. I HAVE THE SOLUTION TO THE FINANCE OFFICE CONUNDRUM. Put the tiny house development in the North Business Park, set up two tiny houses side-by-side at 202 Broad Street, one for Finance Officer Pat and one for her asst. office girl. Then they can plant petunias, pick the weeds and plant as many painted wood pallets as they can find. Shoot they can even paint they own tiny house bright red it they want.
At 7:13 pm most of the council and all the gallery moved back into the council room, while everyone waited for Councilman Lance Johnson to return. Gee I am sure glad we didn’t have to wait for him ‘to return’ as long as MacArthur took to return to the Philippines. (1942 to 1944)
Council returned to Agenda Item #12 Police Department-Feral cats. Contract was sent but nobody knows when it will return. Sioux Falls Humane Society versus Dr. Johnson Hawarden. Feral Cats issue was tabled to next meeting.
Chief Christie did relate a warning he had received about garage thieves and the information they may be headed south. Lock up your garages and take the keys/fobs out of your cars in the garage.
Agenda Item #13-Golf Course I over-heard a question on why was Finance Officer Jurrens on the committee of three for the community building/golf course club house instead of the Committee Chair David Larsen? Good Question H-m-m?
Agenda Item #14 Tiny Houses District. Somebody wants to speculate in Tiny Houses. Wants to put three on one lot and possibly four on a double lot like on Beck Drive. Growing up in Spirit Lake I saw the 1950’s version of tiny houses, we called them cabins. They happened in clusters around the lakes. They attracted low income renters/owners and were usually abandoned after a year or two, falling into disrepair or worse they attracted squatters/transients. Should a fire start in a tiny house, even the short distance the fire department would have to travel, they wouldn’t have enough time to roast a decent sized marshmallow with the flame left.
If the speculator wants tiny houses, buy a lot in the North Development Park, declare a tiny house district. Don’t lower OUR home valuations with an outhouse sized house next door.
Agenda Item #15-Finance Office Fairy Tales Approve warrant for Road Guy and Louiseau motion but failed to declare the price tag. Approved! BOO! Approve August warrants–approved.
September special meeting approved for Monday, September 16, 2019, at 6:00 pm. Approved.
October Council meeting scheduled at the golf course on October 2, 2019, at presumably 6:00 pm.
2020 Budget was presented to the council with the Finance Officer interminable verbal twitch of ‘with regard’ at each section of each page of the budget. The only way the council and gallery knew she was moving to a new subject line was the snooze alarm of ‘with regard’.
FO Pat wants radio water meter readers. Looks like Peeping Patty no longer has a job peeping for puppies!
FO Pat also wants new Election Booths. Really? That certainly is not going to solve our election and voting abridgment problems.
BY THE WAY–WHERE IS OUR WEBSITE FOR THE CITY? So we and the city council can read in advance FO Pat’s pretentions. A website so we have a posted agenda, so WE can research items, so WE can access the property maintenance. City Council YOU voted for the website a second time and still we do not have an official city website. Again FO Pat has deemed it not a priority. Give Finance Officer Patricia Jurrens the ultimatum, get the darned website up and running. Get the agenda, minutes and ordinance ON THE WEBSITE–NOW! We are tired of waiting!
Agenda Item #16-Fairboard Update-Still putting up with grain on city property leased to Union County. Commissioners get over being upset, DO something! City Council DO something. City Council you have the right of refusal on the county leasing this land, TAKE BACK your control!
Agenda Item #17-HRC Now it begins-more monetary upkeep and NO LOTS have been sold and the HRC financial hole is deepening.
Agenda Item#18-Executive session for Legal-My update as to content, speculative only. The mayoral election travesty is still being investigated and according to my information has been placed in the hands of the SD Attorney General and DCI or is it a lawsuit? Maybe Pat’s tiny house will be orange with decorative metal grills on the front.
Agenda Item #19-Executive session for contract-The council voted in open session to allow up to $2500 appraisal fees for the potential sale of the auditorium? This is a long process but IF the auditorium is BID on and it has to be BID.
So tell me where is the police department going go?
Where is the finance office going to go? NOT the community building, no way.
Agenda Item #20-Adjourn at 9:02 pm
*after yesterday a word of advice for Councilman Lance Johnson, I suggest you go back to the school you ‘graduated from’ and ask for your money back!
I would also like to share that I respect the Alcester City Police Department. I am appalled that Alcester City Councilman Lance Johnson’s paranoid temper tantrum has placed them in an untenable position because Alcester City Councilman Lance Johnson has an axe to grind with me. I admire the Police Department’s ethical adherence to duty—-Vickie A. Larsen
As I explained in my 09/3/2019 A Voice From the Gallery Alcester City Councilman Lance Johnson failed to display a building permit for his property located at 518 Anderson Street. As I stated I was there in person yesterday, standing in the middle of the street, I could not see the city building permit. I asked the two workman from Pies Construction standing next to the Pies enclosed trailer in front of 517 Anderson Street, “where is the building permit?” The Pies employee told me, “I am just an employee, you will have to ask that guy,” indicating a man standing in the work area on the 518 Anderson Street site. The Pies worker standing in the middle of the site called to me and asked what I needed. I replied from the middle of the street that I was looking for the building permit. The onsite employee/worker said, “it is probably in the mayor’s pocket. I asked, “Mayor?” still maintaining my position from the street. The Pies employee/worker said, “Yeah, the one who lives over there indicating 517 Anderson Street.” I said, “he is not the mayor, he is just a councilman.” To which the Pies employee/worker replied, “Well, you will have to talk to him.” I walked back to my car parked at the curb in front of 516 Anderson Street, climbed into my car and left.
I went down first street to the intersection of SD Highway 11 and First and witnessed Alcester City Councilman Lance Johnson in his John Deere Green pick up pull out of the gas island at Total Stop, talking on his cell phone. Intuition kicked in and yup after a trip to my shop, I went back downtown and there I saw that little ol’ John Deere green pickup truck parked in front of the city offices.
I went into the city office atrium where I heard Alcester City Councilman Lance Johnson’s voice yapping about trespass in the Police Office. Intuition wins again, hands down. I actively eves-dropped to Alcester City Councilman Lance Johnson temper tantrum. The Finance Office door was closed, it was Tuesday afternoon. I could almost see the joint wall between the finance office and the police office breathing in and out.
Alcester City Councilman Lance Johnson turned around and caught sight of me standing in the atrium and took off out the door like a scalded duck. I repeated the above events to both officers and left.
Now what I find rich, is here sitting Alcester City Councilman Lance Johnson who pulled down election posters of Michael Bucholz from the Total Stop wall, who pulled up campaign signs belonging to Michael Bucholz and who destroyed said property has the unmitigated gall to cause me to be served with the document above.
This is the type of individual who is occupying a seat on the Alcester City Council?
Every time we turn our heads the other way when we see the law flouted,
when we tolerate what we know to be wrong,
when we close our eyes and ears to the corrupt because we are too busy or too frightened,
when we fail to speak up and speak out,
we strike a blow against freedom, decency and justice.
Robert F. Kennedy
Folks, I filed a complaint as soon as I became aware of violation of election with regard to the April 9, 2019, mayoral election. I attach a copy of my complaint for your reading. This complaint was filed with the Union County State’s Attorney Jerry Miller as suggested by the South Dakota Secretary of State Office when I started digging for information. I also submitted copies of my complaint to the South Dakota Secretary of State and Margaret Gillespie, South Dakota Board of Elections.
9-13-24. Return and canvass of votes. The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.
12-1-3.3 “Election officials,” state and local officials charged with the duty of conducting elections and the canvass of returns;
12-1-3.9 “Person in charge of an election,” or “person charged with the conduct of an election,” the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;
12-20-21. Return of ballot boxes, returns, records and supplies to officer in charge–Tampering prohibited–Violation as felony. The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.
These are just a few of South Dakota Statute covering elections and the person in charge of elections. For the municipality of Alcester, a class 2 municipality defined as: “Second Class: Those with populations between 500 and 5,000″. So our class 2 municipality has the Appointed Finance Officer as election official in charge of the election.
Alcester City Finance Officer Jurrens, during the April 15, 2019, canvass meeting, handed over the key to the ballot box, allowed the ballot box to be opened-in fact assisted in opening the ballot box and the voted ballots to be handled by the Alcester City Council as you can see in the video taken that evening. Illegal!
The council relied on Alcester City Finance Officer Jurrens to know what she was supposed to be doing. In fact Alcester FO Jurrens has attended seminars with the South Dakota Municipal League and received educational election materials from the South Dakota Secretary of State on conducting legal elections.
Add to the fact that Alcester City Finance Officer Jurrens knew she was in violation but the Alcester City Attorney Sam Nelson was present, who sat by and watched the whole scenario and did not say a word! You can see him seated at the council table on which the ballot box was sitting upon in the video. video link https://bit.ly/2YmBsrc
SDML 2019 Municipal Elections Handbook, Section 5, Chapter 5 After the Election-5.000 Official Canvass under
#1…DO NOT TAKE THE BALLOT BOX TO CANVASS AS THE GOVERNING BODY DOES NOT HAVE THE AUTHORITY TO RECOUNT BALLOTS…”
It is my understanding that Jerry Miller WAS going to charge Alcester City Finance Officer Pat Jurrens with Malfeasance. According to Black’s Law Dictionary,
MALFEASANCE is
The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from “mis- feasance” and “non-feasance,” (which titles see.) See 1 Chit. Pr. 9; 1 Chit. PI. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327, 00 L. R. A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse- lyn, 3 Gray (Mass.) 311, 63 Am. Dec. 741.
I AM COMPLAINING NOW!
I call for a new election because the illegal opening of the ballot box and the illegal handling of the voted ballots may have compromised the election and put the vote into question.
As a result of Alcester Finance Office Patricia Jurrens failure to abide by her oath of office, her incompetence and failure of duty be fined for the cost of a new election and fined a minimum of $4880.00 in punitive costs.
AND
I call for the termination of Patricia Jurrens as Alcester Finance Officer.
I have been traveling and missed the August 5, 2019, city council meeting. It sounded interesting.
I do however have a report or two on the Alcester City Code Enforcement Officer Geoff Fillingsness’ fishing trip to the Kezars. On or around August 8, 2019, Code Enforcement Officer Geoff Fillingsness contacted the Kezars to let them know he was coming on August 9th at 9:00 a.m. to ‘inspect’ their home for Code violations, there had been complaints. Really? Ole FO Snoopy Nose? Code Enforcement Officer Fillingsness warned the Kezars he had a warrant and expected to go into their home to take pictures.
REALLY!
I was there to video-tape the fishing expedition. Upon Code Enforcement Officer Fillingsness arrival just a few minutes before 9:00 a.m., I started filming. Code Enforcer Fillingsness made it all the way to the door and when asked to present a valid warrant, he had to hussle back to his car to find the document. What did he think? That he was just going to walz into the home without question? He presented a quasi-warrant to the home owners. I say quasi because the document had no date, lacked the judge’s name, lacked a readable signature and carried no file number. It lacked the affidavit of the complainant giving the judge the justification for signing an administrative inspection warrant, just plain lacking legal status in my book and smacked of FO Jurrens ‘aptitude’ for legal document incompetence.
Code Enforcer Fillingsness was told no he could not enter the home. Code Enforcer Fillingsness wandered around the outside property, poked his Pinocchio nose into the garage, took pictures of windows and upon failing to gain admittance into the house he left with the verbal threat of, “…I am going to have to report this…”
Code Enforcement Officer Geoff Fillingsness returned on August 19, 2019, and was allowed into the home under duress and protest. Pay special attention to the conversation regarding the file number, the name of the judge, the lack of date and time to object to the findings.
This can happen to any of us who collect. It is moronic for FO Jurrens and Mayor Glas to whiz and moan about property maintenance and filing blind complaints on people. Look and see what she perpetrated on the atrium in city hall and this is just a small example of what junk she shoved into the atrium.
In 2014 the council voted for a website, not a high priority. About four months ago the council again voted for a website, evidently still not a high priority for FO Pat and Mayor Glas. Could it be because they would have to publish the agendas, the minutes and the city ordinances on the website. We would get the breakdown money dispersions for the finance office, not just a global number. We can fix this, we just have to be willing. Call Mayor Glas 934-2188 or your ward council person and let them know!
ENTER South Dakota’s version of Boss Tweed (Mayor Tom Glas) and of course let us not forget Tammany FO Jurrens!
CAN WE TALK?
We have it all Collusion, Payroll scam artistes, and an epic eruption of corruption in Alcester City Hall! Where taxpayers pay Tammany FO Pat Jurrens $38.00 per hour OVERTIME to pull weeds on Tuesday mornings, then lock the city office doors at 12:00 noon until 5:00 pm Tuesdays so she can catch up on her BOOKKEEPING duties or what-ever-it-is she does holed up in her office? Where Tammany FO Pat compiles a secret diary dating back to 2014 of her Comp Time HOURS (11/2) against city policy and ILLEGAL. HOURS detailing where Tammany FO Pat painted-by-numbered city hall walls ’cause she didn’t like the color? WHO GAVE HER PERMISSION for that Over Time? Mayor Glas. There are NO RECORDS of this according to Alcester City Attorney Sam Nelson.
IF THERE ARE NO RECORDS, PERMISSION WAS NOT GIVEN!
Just getting the meeting right–Tammany FO Jurrens ya got it wrong, Again! you FAILED to post the agenda according to statute for OPEN MEETING requirements on Tuesday, June 18, what were you doing behind your locked door, it sure wasn’t getting ready for YOUR special meeting on the 19th. I was there, where were you, at the ‘sistren’?
Once Boss Glas got the delayed meeting open, Mayor Magoo called for a motion to go into Executive Session for the purpose of SDCL 1-25-2-1.
WRONG!!!
You’d think a guy with a name like Glas would be transparent in all things, EVIDENTLY not Mayor Magoo! Now as you can read below SDCL 1-25-2-1 is NOT LEGAL purposed :
1-25-2. Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: (1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor;
The correct citation should have been 1-25-3 or 1-25-4. Legal was the whole purpose of the meeting, right?
When you tried to violate my request for FOIA of Absentee Ballot Application records you cited SDCL 12-20-31
12-20-31. Destruction of ballots and pollbooks–Period for which held–Pending recount or contest. The officer in charge of an election may destroy voted ballots and pollbooks from a nonfederal election sixty days following the election at which such ballots were voted. .
Tammany FO ya got it wrong AGAIN! You stated Alcester City Attorney Sam had spoken to the SD Secretary of State office which gave you the right to refuse my FOIA. I had already spoken to the SD Secretary of State office who assured me I could access those records but since I had not spoken to ACA Sam’s alleged source I contacted the same source, this is what she emailed me.
If our office was the keeper of absentee ballot applications and we received a request for copies or viewing, we would provide the absentee ballot applications. SDCL 12-19-2 specifically states what records are not open to inspection, which implies that all other records under the chapter would be open to public inspection. Also, the information provided on an absentee ballot application is the same type of information provided on a voter registration application which is also open to inspection per SDCL 12-4-9. There is no applicable exemption to prevent this record (an absentee ballot application) from being considered a public record under SDCL chapter 1-27, so SDCL 1-27-1would apply and the record should be available for inspection by the public during your normal business hours.
Sadly the council relies solely upon Tammany FO’s self professed ‘expertise’. Are we keepin’ score yet? You fail miserably to provide council members with OBJECTIVE AND FACTUAL information they need to make intelligent, fair decisions YET THEY ALLOW YOU TO GET AWAY WITH KEEPING THEM IN THE DARK and not terminating your butt!
Thursday June 20, 2019, MAYOR MAGOO called for a motion to allow him to sign a settlement document. Listen/watch the video, the so-called motion FAILED to state the dollar amount of tax dollars and the so-called motion FAILED to state to whom the settlement was to be made. The motion FAILED two key components of a motion. What are you trying to hide Mayor Magoo and Tammany FO Pat? All this so-called motion did was to ALLOW Mayor Magoo to sign A settlement document. For all WE THE PEOPLE know, Mayor Magoo is signing a document to pay Tammany FO Pat to adjust the Time Clock Free records to keep from being sued for double, yea triple damages for willful scamming an employee out of many thousands of dollars.
Mayor Glas and his faithless cohorts have on several occasions reneged on valid votes of employment. Bait and Switch! Most recentlyit was our home town lawyer who gave the city of Alcester a break on his fee and was ‘shat upon’ by Mayor Glas and Tammany FO Jurrens. The council voted to accept Mr. Haugland’s retainer agreement with a $5 bump each year (starting at $110 per hour), Agenda item #8, in the regular January 8, 2018. There was NO DISCUSSION before the vote! The ink on the motion was not even dry when Mayor Magoo Glas and Tammany FO decided they wanted to change terms and conditions they skipped hand-in-hand to Mr. Haugland’s office telling him THEY CHANGED THEIR MINDS (the two of them?), they wanted a Beresford lawyer and one who wouldn’t talk to Vickie Larsen. In the February 5, 2019, meeting Agenda Item #6, a blind-sided council made a motion to terminate the 2018 ($110 per hour) Retainer Agreement with Chuck Haugland, no discussion, vote four (4) ayes and (2) nays Councilwoman Darla Reppe and Councilwoman Melissa Kay abstained. Agenda item #7 Councilman Dan Haeder made the motion to Retain Beresford Attorney Tom Frieberg at $150/hour and Sam Nelson at $125/hour of Frieberg, Nelson and Ask, LLP of Beresford, SD. No discussion, vote was taken with four (4) ayes and two nays Councilwoman Darla Reppe and Councilwoman Melissa Kay abstaining.
SHAME ON MAYOR TOM GLAS, FO PAT JURRENS AND THE COUNCIL!
Prior to this Glas and FO CHEAT in 2018, the council extended an offer of employment to Chris Doty as acting Police Chief at a salary of 43,500.00 (40 hour week) and in six months to be named Police Chief with a raise of $45000.00 on February 16, 2016, via letter from FO Pat with a projected start date of April 1st, 2016. This was truly April Fools on Mr. Doty. In a Special Meeting City Council Meeting February 15, 2016, a motion was made by Councilman David Larsen, seconded by Councilman Mark Dykstra (take note here that Mark Dykstra seconded the Motion, no discussion and an unanimous aye vote. Care to guess what happened next? Yup you got it. After the April 1, 2016, start, two JACK-BOOTED THUGS-Mayor Glas and Councilman Dykstra went goose-stepping down the street to let Police Chief Doty know he was NOW expected to work 45 hours a week but would only be paid for 40 hours. FO Pat would keep those records on a legal pad in her desk drawer——Oh wait, NO FO Pat didn’t keep any OT or Comp Time diaries for Chief Doty, FO Pat only kept “LOCKED DRAWER RECORDS” on employees ‘genuinely’ deserving of OT or Comp-Time and of course herself and Wanda. Chris Doty was deliberately singled out!
Folks do you know what happens when a deliberate tort (an injury physical or financial) happens? The injured employee can ask for double or triple damages and more often than not win. Mr. Doty’s salary shortage was about $29K plus or minus. Now Mr. Doty was deliberately harmed by the Jack Booted Bullies Mayor Glas and Councilman Dykstra and continued to be harmed by Tammany FO Jurresn and a silent council! Do the math! Double = $58000.00 Triple = $87000.00 NO WONDER Mayor Magoo and Tammany FO Pat wanted to hide the settlement figure! Now folks they didn’t offer Mr. Doty $58K nor did they offer Mr. Doty $87K settlement, care to guess what these cheats did offer? First offer was 41.66% of FO Pat’s settlement! $2K Mr. Doty hometown son was out risking his life while FO Pat was lounging on her bouncy ball chair, flicking through Pinterest, plagiarizing work product of the former city attorney, violating Disney copyrights, and making-up numbers and creative math diaries.
At the end of the June 20, 2018, meeting when I told the council their motion was not valid and would not stand and after Mayor Magoo told me to shut up, Councilman Dan Haeder said, “…it is over…done deal…” No Mr Councilman, a vote on a vague, meaningless motion is null and void. Councilwoman Melissa Kay was participating via teleconference, so a couple of councilpersons asked Councilwoman Kay who they knew to be a first year (?) USD Law Student, her opinion. Which is worse, asking a first year law student for legal advice or the first year law student giving a legal opinion?
WHO COULD BE IN BIGGER TROUBLE?
Of course there is the Alcester Councilman who stole, trashed and vandalized campaign signs of Mike Bucholz (Mayor Magoo’s opponent). Yup that little rooster walked right into the grocery store, ripped down Mr. Bucholz campaign poster and unrooted campaign signs. Union County Jerry Miller received the complaint on Councilman Lance Johnson, Mr. Miller interviewed, Councilman Johnson, Finance Officer Pat Jurrens for her part in campaigning on the job as Finance Officer. We are waiting for the charges! If Councilman Johnson vandalizes election posters and yard signs, what else is he capable of doing? Illegally grinding curbs?
And the pies-de-resistance, was the announcement by Tammany FO Jurrens that she and her aid-de-cramp Geoffy caused to be sent out ‘demand letters’ from ACA Sam out to at least two of our fellow residents to open their homes to city inspection. Now Tammany FO Jurrens refrained from using names at THIS particular meeting. One of the greetings-from-the-city recipients contacted FO Jurrens to let her know they were working on FO Pat’s issue (FO Pat made fun of any efforts those folks would make) the other recipient declined and much more politely than I would have. While the city MAY have authority over the exterior of the property, Mayor Magoo and Tammany FO Pat HAVE NO AUTHORITY over the interior of our homes. If Mayor Magoo and Tammany FO Pat get away with this, WHO will be their next target? You, Me, your family or my family?
Alcester City Councilmembers get off your duffs, rein in Mayor Glas, Finance Officer Pat and Councilman Lance or We the People will exercise OUR power!
A Voice from the Gallery 