The Alcester City Council met in a special meeting with Mayor Tom Glas, Alcester City Councilwoman Darla Reppe, Alcester City Councilman Dan Haeder, Alcester City Councilwoman Linda Talbott, Alcester City Councilman David Larsen and Alcester City Councilwoman Melissa Kay via telephone. Oh yeah and Alcester FO Pat Jurrens. Oh Alcester City Attorney Sam Nelson, I’ll bet you are glad you missed this meeting!
For a short meeting, the meeting was jammed packed with excitement, raised voices, and tempers raising faster than tornadic winds in the summertime.
After Mayor Tom half glas’d the meeting to order, followed up with the Pledge of Allegiance and flowed into the agenda approval. It is to be noted here that Alcester FO Jurrens dropped the FO-ball of posting the agenda. So the planned meeting for June 19th, 2019, had to be re-scheduled for June 20, 2019, ’cause bookkeeper FO Pat cannot determine 24 hours prior to the meeting. H-m-m-m her grasp of the execution of her job is tenuous on a fair day. One has to wonder what in Hades was she doin’ on Tuesday afternoon when the city office is ‘closed’ so the girls can catch up on their work…that she couldn’t get the agenda posted on time or was it perhaps deliberate so people wouldn’t find out how shabbily Mayor Glas and FO Pat treated our home-town son Chris.
Once the agenda was approved, Mayor Glas shaped-shifted his way into Executive Session for discussion based upon personnel 1-25-2-1:
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 council went into Executive Session at 6:03 pm. and came out at 6:08 pm and BOY HOWDY that was record time!
Straight out of Executive Session Mayor Glas called for the motion to allow him to sign a settlement agreement and release. As you can hear on the video, the motion was cobbled, vague and improper. The motion involved payment of a settlement with TAXPAYER DOLLARS. The motion DID NOT STATE THE AMOUNT OF PAYMENT AND DID NOT STATE TO WHOM THE PAYMENT WAS TO BE MADE. Shoot for all we know Mayor Glas could be paying Pat yet another $4800.00 for services.
Unlike the $4800 payment to FO Pat for comp time to which she was not entitled by Alcester Personnel Manual or FLSA and was not approved. Since when do we pay administration $38.00 OT or Comp time to paint floors or pull weeds in the Auditorium yard? Do we not have minimum wage employees for that?
WHY is Mayor Glas trying so hard to hide a chicken feed settlement $2K or $3K to our police officer and pay Pat $4800 for imaginary time spent working her ‘widdle’ fingers to the bone painting, plucking and gold-bricking? Oh and by the way FO Pat was the one who gave Randy Roo permission to vandalize, demolish the curb and gutter at 518 Anderson Street. FO Pat did not have the authority, no wonder she wouldn’t answer my FOIA asking for the variance approval! Man, she is really over-reaching her bookkeeping duties.
The council voted four (4) ayes to one (1) nay to settlement. Ayes; Melissa Kay, Linda Talbott, Dan Haeder, and Darla Reppe. Nay; David Larsen
After the speed-0-light adjournment, Mayor Glas ordered me to shut down my camera, I told him NO and you can all watch what happened next. Let him know what you think-Mayor Glas can be reached at
934-2188
Head’s up Alcester City Attorney Sam, the Fat Lady is warming up her vocal chords! I can assure you it is not over yet!
At 6:00 p.m. Mayor Tom Glas called the regular Alcester City Council meeting to order with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present. The group began business with approval of the night’s meeting agenda and the approval of the May meetings.
Agenda Item #5 Marc Macy was called upon to make his presentation for the National Flood Insurance Program.
Agenda Item #6 was called for the first reading of Alcester City Ordinance 2019-02 dealing with conditional uses which would allow placing just a garage on a lot for storage (?). This was a garage ordinance originally called 2019-01, after my argument there was already a 2019-01 ordinance which I call ‘protect Pat’s Job attempt’, an argument from Pat I was wrong on the numbering and AFTER I proved I was correct, the amending ordinance was changed to 2019-02. Ya know all FO Pat had to do was to pull her file on ordinances (which she is required to keep) she could have prevented the confusion of two (2) 2019-01 ordinances, the delay of first reading and of course knowingly calling me wrong.
Agenda Item #7-a presentation made by Amanda Ericson and Carmen Kast for the Fireman Water Fight scheduled for June 15, 2019, during the hours of 4 p.m. to 7 p.m. and to ask permission to close off Second Street from Iowa to Dakota. Permission was granted.
Agenda Item #8– I commented on three items, which were included in my hand-outs to the council.
First was the Ordinance numbering which was dealt with the Agenda item 6.
Second was the failure of the Mayor and FO Pat Jurrens to provide FOIA for access to completed public records absentee ballot application and listing poll book. FO Pat argued I was wrong and could not access these documents. I had already provided information from the Secretary of State to back up my claim. I was refused access and was given a listing of the absentee ballot names and was informed that Alcester City Attorney Sam Nelson had spoken with the South Dakota Secretary of State representative Christine Lehrkamp.
Since I had spoken to a different person in the SD Secretary of State office, I contacted Ms. Lehrkamp, explained the situation and she agreed I should have access. I made plans to bring this to the council’s attention during input. On Monday, June 3, 2019, I contacted Ms. Lehrkamp asking for a written statement I could present to bolster my argument and she provided me with the statement. Upon my introduction of the FOIA issue, FO Pat objected, I argued the statement in my handout and Alcester City Attorney Sam Nelson stated he read the Ms. Lehrkamp’s statement, I was correct and I was to be given access to the FOIA information.
Third was the issue of no visible pool rules. I spoke of the absence of the large pool rules sign, the fact children were going down the slide head-first and a garden hose strung across the pool deck and wound around the slide ladder which creates a clear danger to pool users. After speaking with city representatives of Beresford and Canton I was told there should be a life-guard stationed at the ladder of the slide and a life-guard in the pool at the foot of the slide.
One again FO Pat waded in with an argument noting the size of the slide, to which I responded we got the slide from Beresford who had the two life-guard slide rule.
I went to the pool this morning, saw the copy paper sized, laminated farce of a sign attached to the slide and not a large visible sign that parents, children and life-guards can clearly see without walking to within two feet of the slide.
Agenda Item #10– The council spoke to the Mayor’s and FO Pat’s decision to sic a South Dakota Circuit Judge on non-conforming residents. Oh and yeah, Mayor Glas asked for what I will call a not-so-secretary security de-tale of one volunteer to walk around town with him to inspect properties. Councilman Lance Johnson leaped at the change. Amazing, this is the guy who lives across from 518 Anderson where the curb and gutter vandalism took place and has not been resolved.
Agenda Item#11 Alcester Ambulance came to request the city forgive the water charges for the ambulance building. The Council voted to not charge the ambulance for water usage.
Item Agenda #16– Finance Office A couple of notable departures from code and duties.
First was Mayor Glas major faux pas. This ‘sage of cee-ment and construction” was advised the roof on one of the park shelters needed repair. Well ol’ sage tom went to Schoeneman to price steel. Oh not the sine-wave of course. Well he got pricing on a single sheet unit of steel but not the screws, nails, wood and etc. to cover the roof A-N-D then he did the math times six (6) to cover the whole roof? Are ya kidding? Who does that? MAYOR TOM GLAS, that is who! But it gets better, he is given a verbal opinion of cost, Mayor Glas FAILED to GET-IT-IN-WRITING! Who does that? Mayor Tom Glas, that is who!
Next is the Executive Session for personnel, now everyone aside from the council, Alcester City Attorney Sam Nelson and FO Pat Jurrens were ushered out. So there we were Gordon Richards and myself standing in the atrium of the Auditorium with Wanda Halverson guarding the council door against Vandals, Huns and who know what interlopers. Folks the council is abusing Executive session.
Now I figured the council was dealing with the recent demand for payment from a former employee, but the reason to go into executive session was personnel which was inappropriate for a lawsuit question. Occasionally we would hear a word or two erupt into the silence in the atrium, such as “I make a motion!” Really! Making a motion in executive session, A BIG NO-NO! Yes folks that did get my attention! What was it about, wait for it, wait for it.
The Council was declared out of Executive Session at 9:00* and slam, bam, you’re gonna get the dough FO Pat. Immediately a motion was made to PAY FO PAT JURRENS $4800.00 settlement for her “illegal comp time” Alcester Voters $4800.00 for comp time (time and a half) for exempt administrative hours, HOURS THAT WERE NOT APPROVED AS TO NECESSITY, ADVANCE WRITTEN APPROVAL, HOURS NOT PROPERLY ACCOUNTED FOR, AND ETC.
The city offices are closed on Tuesday noon to five with the door closed and the telephone not answered ’cause the ‘girls’ cannot get their work done! Yeah well yesterday was a Tuesday, what part of weed pulling, flower bed tending is in FO PATS job description? Who pays $25.00/hour for a finance officer to pull weeds and make pretty-pretty? What idiot pays FO Pat time-and-a-half for pulling weeds, painting walls, shopping -for-atrium-decor? Judging from the payroll checks signed by Mayor Tom Glas he is the idiot! Mayor Glas whose ‘Oversight’ is the “I forgot and made a mistake Oversight” NOT the “I am watching you Oversight” WHO in Hades is “OVERSEEING” Mayor Glas and the Finance Office.
I would recommend that decision be referred and not be paid out. So I would advise FO Pat not to spend that $4800! With that gem of governance, the council adjourned at 9:01 p.m.
*Mayor Glas in his rush to get FO Pat her unapproved comp time/over-time, barely allowed those of us waiting in the no-open-meeting-for-us atrium-land to be seated in the council room, much less get the camera rolling to record his shining hour.
I filed a violation of property maintenance with the city of Alcester for 518 Anderson Street including a picture of the vandalization of the curb and gutter. In fact I hand-delivered that formal complaint of violation to Mayor Glas in front of the Alcester city council on April 15, 2019.
On May 20, I received the delayed FOIA information and was denied information regarding the vandalization of 518 Anderson curb because according to Alcester Finance Officer Jurrens, Randy Heuer OWNS the curb and gutter. BULL! What barn-door barrister handed down that opinion? As to who gave him permission to vandalize the curb and gutter, could it have been the Alcester city councilman who admitted to vandalizing election signs of Mayor Glas’ opponent in the mayoral election? This is the city, boyo not the back forty, shelter belt!
FO Pat and Mayor spent many hours crafting their Home-Owners-Association-like Circus of Hades. You know where the city is being run by a pair of pissants dictating what we can and cannot do within our castles, imposing their troglodyte tastes upon the rest of us, and giving their drinkin’ buddies ‘speschal’ privileges. The city owns the curb and gutter, the abutting homeowner pays the upkeep. Kind-of-like the nightingale call girl. Ya’ll don’t own her but if you enjoy her company ya’ll are payin’ her upkeep, her ‘managing partner’ fees and her shots!
So tell me, WHAT ARE SET BACKS Mayor Glas and Finance Officer Jurrens? The city owns from the center of the street, thirty-three feet toward the property. Maybe Mayor Glas, FO Pat and IA-Roo need to do a refresher course on property owner-ship and who owns what and how far.
So third request for FOIA:
FOIA 04-22-2019 II-NO ANSWER
Full name and title* of the individual granting permission to vandalize/modify the curb portion of the curb and gutter abutting the property at 518 Anderson Street, Alcester, SD 57001.
Full and complete documentation/council variance approval* for the vandalisation/modification of the curb portion of the curb and gutter abutting 518 Anderson Street, Alcester, South Dakota 57001 and owned by Randy R. Heuer.
The name and address of the individual or company* which performed the vandalisation/modification of the curb portion of the curb and gutter abutting 518 Anderson Street, Alcester, South Dakota 57001.
Readers, Alcester City Attorney Sam Nelson ‘schooled’ me during a city council meeting interrogation on who was giving me advice. Young Sir, I am fully capable of acting pro se and surely you have figured this out by now. But to use your own logic Alcester City Attorney Sam, ‘If you refuse to answer, it didn’t happen and…(here I quote you ACA Sam), “…you are wasting my time discussing this…”.
Folks Mayor Glas and FO Pat are more worried about how high the grass grows, how low the trees hang, but working fire hydrants are not a high priority! So Mayor Glas and FO Pat in your letter you stated Randy Ray Roo had permission, so where is the demolition permission and fee? Randy Ray Roo chopped up the curb, where is the demo permit showing he paid you $400? That is in you lil’ ole property maintenance. I think you ‘jewels’ were charging somewhere around $400 for a demolition and a permit had to be obtained from the city. SO WHERE IS IT? If you make changes you have to have a building permit and according to FO Pat’s job description she has to inspect ‘yer process and progress’. So what class was that at Beacom School of Business again?
So according to Alcester City Attorney Sam, there was NO variance, NO permission, there was NO professional removal, NO ownership, apparently NO demo permit just a ‘bag of words’, a mesh satchel of lies and absolutely no facts.
I WANT ANSWERS! My fellow citizens WANT ANSWERS. So if it is okay for Randy Ray Roo can vandalize his curb and gutter, if Alcester Councilman can vandalize an election sign, then by golly the rest of us can be civilly disobedient with impunity!
Mayor Tom Glas called the May 9th, 2019, regular meeting of the Alcester City Council to order with Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present.
Prior to the meeting an emboldened Tom Glas elected to attack me, telling me I was not to talk during the meeting. I responded asking him, “does that apply to Pat Jurrens and Wanda Halverson”…”are they banned from talking during council meeting?” “Yes?” “No?” “What?”
I can only suppose it was my remarks about the deficient Alcester City Council Meeting Agenda which prompted the Tom Glas temper tantrum. Glas’ proposed agenda or was it FO Pat’s agenda is a masterpiece of proposed open meeting violations and incompetence.
Mayor Glas started the council meeting with his usual, “it’s that time”, coming to his feet to recite the Pledge of Allegiance, which always evokes an errant thought for me. Aha! This is “Mayor Tom’s” anatomical, repositioning sphincter response to relieve pressure on his cerebellum.
The May meeting of the Alcester City Council has historically been two separate meeting in one night. Typically this first meeting after the April election is where the ‘old’ council would finish up prior business and adjourn. Upon adjournment the retiring council members exit giving up their places at the table to the incoming members. The new meeting is called to order with newly elected/appointed members reciting the oath of office and seated at the council table. These are two separate meetings with the council receiving pay for each meeting. However this night Mayor Glas or was it FO Pat’s ill-conceived aura of safety of position chose to imbed the Planning and Zoning committee meeting into opening meeting. And by now I have lost many of you. The Alcester City Council is ALSO the local planning and zoning committee.
Note on the agenda page 1) there is no public input for the initial meeting, no public input for the planning and zoning committee meeting and note there is no formal opening of the Planning and Zoning Committee meeting to let the gallery know a separate meeting has been opened, nor was there a formal adjournment on the agenda to close the Planning and Zoning Committee meeting. Poor procedure! Better never than late, Mayor Glas under duress added a public input at 9.5 on page 1) of the Alcester City Council meeting agenda. However he neglected to add Public Input under the Planning and Zoning Hearing committee meeting. Bad FOrm Mayor Tom and FO Pat! FO Pat must not have found a form to co-op for a compartmented triple meeting.
The council made short work of the approval of the agenda, it’s deficiencies and dispatched the approval of Minutes with alacrity.
Tena Keiser and Amanda Ericson presented Alcester Police Chief Jeff Christie with a check representing the fundraiser proceeds for the police department.
At this point there was still time before the 6:30 p.m. start time for the Planning and Zoning committee public hearing. Mayor Glas elected to move onto Agenda item 9.5 Public Input for the Initial Alcester City Council meeting. I responded to Public Input and another dust-up began. I commented on the violation of open meeting with the lack of proper Public Input both for the council meeting and the planning and zoning public hearing, plus the appearance of a violation of open meeting with Page 1, agenda item #9. Mayor Glas butted into my short public input time with his argument public input was the Public Hearing. I pointed out it was a public hearing, but no provision was made for specific public input. Mayor Glas chose to argue semantics defined as a part of language, its structure, morphology, syntax, pho and logic concerned with meaning. (evidently he heard ce-mentics and alas he lacked a concrete argument!)
At this point Alcester Attorney Sam Nelson of Frieberg, Nelson & Ask of Beresford took over questioning my ‘authorities’. I cited SDCL 1-25-1
“…The chair of the public body (city) shall reserve at every official meeting by the public body a period for public comment limited at the chair’s discretion, but not so limited as to provide for no public comment…”
Note the word “shall”. ‘Shall’ is used in statutes according to Black’s Law Dictionary, Abridged Sixth Edition (1891-1991), page 958 to mean “…generally an imperative or mandatory…” Mr. Nelson and I continued with a spirited discussion of Executive Session as referenced in page 1) agenda Item 9 as defined in SDCL 1-25-2.,1
“… Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee…”
My position being, compensation time is NOT a subject for executive session, it is an open session discussion with a determination whether the council is falling down a rabbit hole. I based my opinion that Mayor Glas, FO Pat Jurrens and the Alcester City Council were Abusing Executive session, using past, numerous and lengthy personnel discussions. That many discussions of qualifications, competence, performance, character, or fitness of city personnel? And FO Pat is almost always is present with the council in the closed session…do you s’pose? ‘Cause bookkeeping is not personnel, the book keeper is but not her position!
There was no formal adjournment of the Alcester Planning and Zoning committee. It is good there was no action on the draft of Ordinance 2019-01’cause Ordinance 2019-01 was already enacted on February 4. 2019, with the express purpose of changing FO Pat’s job from appointed to a quasi protected hire. Competency? The Finance Office is charged with keeping a file of the Ordinances. So what Happened FO??
Now the third meeting has been opened and Alcester City Attorney Sam Nelson has administered the oath of Office to the council members.
Mayor Glas handed out his and Pat’s 2019 committee assignments. Page 2) under agenda item #4. Councilwoman Melissa Kay was visibly upset as she read down the sheet of assignments. Councilwoman Kay had held the Chair of the Budget and Finance Committee and the Chair of the Public Safety Committee but under the 2019 Committee assignments she had been removed. Councilwoman Kay questioned Mayor Glas, asking him what she had done wrong to be removed from the Chair of these two committees? (48:58:53)
Councilwoman Kay looked to Chief Christie and asked him for input. (50:39:00) I believe Police Chief Christie asked permission to respond to Councilwoman Kay’s question. Mayor Glas ignored him, a heated discussion was still taking place between Councilwoman Kay and Mayor Glas who by this time was making some questionable comments. (50:48:57) Councilman Haeder asked Mayor Glas if Alcester Police Chief Christie could respond to Councilwoman Kay’s question. Mayor Glas responded Alcester Police Chief Christie had to wait until public input!
ARE YOU KIDDING Mayor Glas? What cognitive cripple would not allow Police Chief Christie respond to a DIRECT question from Councilwoman Kay! Past mayors usually tried to match up councilpersons capabilities with committees. The best Mayor Glas could come up with was, “…I tried to mix everything up…” Yeah Mayor, you surely did!
Next agenda item was Fire Chief Pat Kast report, notifying the council of the fire hydrant situation. In a recent fire situation an inoperative fire hydrant was discovered which exacerbated an already dangerous situation. The fire hydrants are the responsibility of the city and Mayor Glas! The uptake is the city is going to have to repair and replace fire hydrants. Keep this in mind folks for the Finance Office spending spree! The city did vote to pay two fire school tuitions.
Alcester Ems gave a report concerning the snow removal issue and the water bill. I have been a member of the ambulance crew and I worked with the financial/billing side of the operation. The ambulance has reached a point where the ambulance vehicle needs to be replaced. In the past the only funding the city provided to the all volunteer ambulance was a cell phone. I was surprised to hear the city did not supply free water to the service. Contrary to FO Pat’s comment the ambulance had billing capability, the billing amounts had to cover fuel, medical supplies, linens, laundry, AED pads and leads, blood sugar kits, Epi Pens, IV supplies, saline and etc. FO Pat do you think we get those out of a cracker jack box? Do you realise what med supplies cost?
Reports and Updates from Street, Swimming Pool, Water tower, Water and Waste water.
Agenda Item #10 page 2). The Crown Victoria that Mayor Rick Johnson got for a bargain price, has died and not worth repairing. Therefore there is a need for a new police car. The city has the ability to purchase a new Dodge Charge at $24K with delivery on or around January 2020 with some funding coming from the Second Penny Sales Tax according to Book Keeper Pat. Check out the state of the sales tax income for the year.
David gave an update for the golf course. Clubhouse personnel was hired but the groundskeeper position is still open.
Agenda Item #12 page 2) – Executive session SDCL 1-25-2.2 Litigation This was notice the city had received a certified letter of demand for wages past due. Not like the comp time FO Pat has been angling after but actual wages earned. The council spent twenty-two minutes in closed session to discuss strategy?
new police car $24,000.00* involves second penny sales tax
* unanimous vote for expenditure
** non necessity
We have failing fire hydrants but by golly we have to have our plastic chaise lounges and fold up picnic tables. Mayor Glas did brag in a campaign speech something to the effect, “Just look what Pat and I have done for the city!” Yeah right! More like, “Just look what Pat and I have done TO the city!”
Mayor Tom Glas called yet another special meeting of the Alcester City Council to order at 5:00 p.m. with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Melissa Kay, Councilwoman Darla Reppe, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present with Alcester Councilman Lance Johnson absent.
Pledge Allegiance was called, Approval of Agenda was called with one change to move Agenda Item number 6 to after Agenda Item number 7. The council approved the amended agenda.
Input was called with no response.
Street Update was called and thus began yet another discussion of reclamation. After a discussion of the pro’s and con’s of a rent the machinery and do-it-yerself street reclamation by city employees and day laborers, it was decided it would be wiser to let someone in the business of street reclamation provide the machinery and labor to reclaim 17 blocks of city street by Full Depth Reclamation.
During this discussion of which dates were discussed that The Road Guy HAD to show-up on a specific date, the Fog Seal was going to be dispensed with because it’s $18K price tag would cause the bid to exceed the bid exempt statue (o-o-o-h), the surety bond was not forfeited ($3500.00) Really? A-n-d I do believe another extension was given to The Road Guys. ANOTHER ONE? A call for the motion! The council moved to accept the Loiseau bid merged with The Road Guy.
A motion to wave Council pay for this meeting was made by Councilman Dan Haeder and seconded by Councilwoman Linda Talbott, no further discussion and the vote was 4 Aye; Councilman Haeder, Councilman Larsen, Councilwoman Reppe, and Councilwoman Talbott with one Nay vote Councilwoman Melissa Kay.
Mayor Tom Glas called the April 15, 2019, special meeting of the Alcester City council to order (once he got there) at 6:07 p.m. with Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman David Larsen, Councilman Dan Haeder, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present with Councilwoman Darla Reppe arriving after Mayor Glas.
During Public Input I presented the Finance Officer with a FOIA, I presented the council with a property maintenance code violation complaint on Anderson Street, I commented any payment on comp time stating it was not applicable to Finance Officer Pat Jurrens and questioned about the Chip Seal Road Guy bid which was not fulfilled in 2018, contract/agreement time frame extended in September 2018 and attempted to change the terms and conditions last night and finally I questioned the Executive Session for Personnel in how many applicants for the auditorium custodian position (? nobody knew), how many applicants for the golf groundskeeper position (2) and how many applicants for the summer reading assistant position (1).
The next Agenda Item called was the canvass of the votes. It was interesting watching and listening. It was particularly interesting about the messengering of ballots from the Care and Rehab Center and the messenger of those absentee ballots. Evidently Alcester City Finance Office Employee Wanda Halverson was sent to the Care and Rehab center by Alcester City Finance Officer Pat Jurrens to collect some absentee ballots from the nursing home which is interesting because the SD Absentee Ballot Application Form carries the language,
“Please print and return to your county auditor…You may apply for an absentee ballot before 5:00 p.m. the day before the election for any or all general, primary, municipal, school or any other elections conducted in this calendar year with one request…” Item #8 AUTHORIZED MESSENGER REQUEST DUE TO SICKNESS OR DISABILITY ONLY:
At 6:34 p.m. Councilman Lance Johnson left the meeting, two minutes later Finance Office Pat Jurrens whispered to a councilman about Theresa Driesen’s voting status.
Upon the lengthy ballot canvass, the council finally declared the vote in favor of Tom Glas.
Agenda Item Street Updates was called, with a lengthy discussion regarding the significant change in the manner of street repair and maintenance taking place. Instead of just chip sealing, a proposal was solicited by Alcester Finance Officer Pat Jurrens from Loiseau Construction, a company specialising in street reclamation using FDR (full depth reclamation) which simply put employs a grinding process which is Fog Sealed and requires two applications of Chip Seal. Watch the discussion. I had already questioned the violation of bid process, unfortunately the council was advised by Mayor Glas and Finance Officer Pat Jurrens this was not a violation. The council elected to table until April 18th meeting before they would enter into a contract with Loiseau and The Road Guys. There was a motion to schedule a follow-up meeting on April 18th, 2019, at 5:00 to made a decision and the council voted to approve the April 18th meeting.
There was a public discussion of comp time (agenda item # 8) and with little information shared, the council moved onto agenda item #9 and straight into Executive session to discuss; auditorium custodian, golf course grounds keeper, Summer reading assistant and in my opinion what-ever-they-could-get-away-with!
Please note when the council came out of Executive Session they only voted for the Summer Reading Assistant. Amazing!
Tuesday, April 9, 2019-At 2:50 p.m. Mayor Glas returned on a run, rushing into the Finance Office announcing to Finance Officer Jurrens,
“you were right”. Mayor Glas continued to report that 300 East Fourth Street was OMG, “shingling their roof…there was not building permit…HE KNOWS BETTER!”
Finance Officer Jurrens picked up her phone (not the fancy one with all manner of bells and whistles a salesman brought in that morning which she will no doubt pitch to the city council, she just has to have it or she cannot function without it!) and called the roofing contractor, left a message for him, “…to contact her right away…!”
Monday, April 15, 2019- Election Update-Canvass the Votes from April 9 Election
During Public Input last evening I presented the Finance Officer with a FOIA, I presented the council with a property maintenance code violation complaint on Anderson Street, I commented on any payment of comp time stating ‘it was not applicable to Finance Officer Pat Jurrens’, I questioned the Chip Seal, Road Guy bid which was not fulfilled in 2018, contract/agreement time frame extended in September 2018 and attempted to change the terms and conditions last night and finally I questioned the Executive Session for Personnel in how many applicants for the auditorium custodian position (? nobody knew), how many applicants for the golf groundskeeper position (2 and rumor has it mayor glas is one of the applicants) and how many applicants for the summer reading assistant position (1).
Perhaps the city of Alcester should adopt ordinance to the effect that, “anyone who intentionally tampers with infrastructure faces up to five years in prison and $10,000.00 fine…”
The definition of infrastructure is the basic facilities and installations…including roads…”
So Mayor Glas, you and Finance Officer Jurrens appeared on April 9, 2019, to be vindictively gleeful in threatening a citation for an alleged failure to obtain a building permit for a roof repair job. Mayor Glas and Finance Officer Jurrens, here you go. This individual deliberately vandalized public property, I and the rest of the city wait upon the issuance of a citation and fine to make this portion of Anderson Street whole again!
I thought I would provide a brief comparison of what Alcester City Finance Officer believes her duties are. Please note the color coding. RED is the color used for the South Dakota Municipal League definition of a Finance Officer. BLUE is the color used for a brief definition of City Manager. Purple is the color used to denote a blend of Finance Officer and City Manager. Remember folks we have a finance officer, NOT a city manager or administrator!
DUTIES OF MUNICIPAL FINANCE OFFICER
SDML
KEEP REGULAR BOOKS OF ACCOUNT
SUPERVISE ACCOUNTING SYSTEM
KEEP A RECORD OF CITY COUNCIL PROCEEDINGS
DRAW AND COUNTERSIGN ALL WARRANTS
KEEP THE CORPORATE SEAL
COUNTERSIGN ALL CONTRACTS
AUDIT AND ADJUST ALL CLAIMS AGAINST THE CITY BEFORE THEY ARE ALLOWED BY THE GOVERNING BOARD
KEEP A BOOK IN WHICH ALL CONTRACTS SHALL BE ENTERED
CERTIFY ANNUAL TAX LEVY TO COUNTY AUDITOR
MAINTAIN SPECIAL ASSESSMENT RECORD
FILE BONDS OF ALL EMPLOYEES AND OFFICIAL OF CITY EXCEPT AUDITOR’S BOND
PREPARE, PUBLISH AND FILE ANNUAL REPORT
MAINTAIN BOND RECORD
PREPARE BUDGET BEFORE SEPT 1 OF EACH YEAR AND SUBMIT TO COUNCIL
MAINTAIN A FILE OF ANNUAL INVENTORIES
RECEIVE MONIES OF CITY AND MAINTAIN CASH RECEIPTS JOURNAL
ISSUE PRENUMBERED RECEIPTS IN DULICATE GIVING THE ORIGINAL TO THE PAYER AND THE DUPLICATE TO THE AUDITOR
INVEST SURPLUS CASH BALANCES OF CITY
MAINTAIN A WARRANT REGISTER LISTING ALL WARRENTS ISSUED BY FUNDS
COMPARE CASH BALANCES MONTHLY WITH AUDITOR
REPORT TO THE CITY COUNCIL GIVING A FULL AND DETAILED ACCOUNT OF ALL RECEIPTS AND EXPENDITURES SINCE THE LAST REPORT
MAINTAIN A REGISTER OF ALL WARRANTS NOT PAID FOR WANT OF FUNDS
FILE AUDITOR’S BOND.
CITY MANAGER
MANAGING THE CITY BUDGET
OVERSEEING CITY PERSONNEL
ADDRESSING QUESTIONS FROM THE MEDIA REGARDING CITY COUNCIL ACTIVITIES
MEETING WITH VARIOUS HEADS OF DEPARTMENTS TO IDENTIFY AND RESOLVE ISSUES
MAKING RECOMMENDATIONS TO THE MAYOR AND CITY COUNCIL ON A VARIETY OF ISSUES, INCLUDING BUDGETS, PERSONNEL NEEDS AND PROJECTS COST
ENSURING COMPLETION OF REPORTS AND STUDIES COMMISSIONED BY ELECTED OFFICIALS
OVERSEEING IMPORTANT SERVICES SUCH AS TRASH PICK-UP AND RECYCLING PROGRAMS
ENSURING WATER SUPPLIES ARE SAFE
WORKING ON IMPORTANT EXONOMIC DEVELOPMENT PROJECTS
RESPONDING TO AND RESOLVING DIFFICULT OR DELICAT QUESTIONS OR CONCERNS OF CITIZENS
PAT JURRENS DEFINITION OF DUTIES
RECOMMENDS NEW POTENTIAL EMPLOYEES TO THE COUNCIL, TRAINS AND EVALUATES PERFORMANCE AND DISCIPLINES PERSONNEL USING THE EMPLOYEE STANDARDS ADOPTED BY THE CITY COUNCIL
SERVE AS LIASON BETWEEN THE MAYOR AND COUNCIL WITH REGARD TO WATER, SEWER, STREET AND OFFICE DEPARTMENTS, OFFERING RESOLUTIONS TO PROBLEMS AND EVALUATING THE PROGRESS OF GOALS.
BRIEF COUNCIL MEMBERS ON PENDING AGENDA ITEMS AND OTHER CITY ISSUES PROVIDING ADMINISTRATIVE SUPPORT TO THE MAYOR AND COUNCIL AS NEEDED
PROVIDE ANALYSIS NEEDED TO ASSIST THE COUNCIL TO MAKE INFORMED DECISIONS
PERFORMFINANCIALAND MANAGERIAL ANALYSIS FOR THE MAYOR AND COUNCIL RELATING TO CITY OPERATIONS, GRANTS AND PROGRAMS FOR CONSIDERATION
PREPARE THE BUDGET BEFORE SEPT 1 AND SUBMIT TO THE COUNCIL, PREPARE, PUBLISH AND FILE THE ANNUAL REPORT BY MARCH 1
COUNTERSIGN ALL CONTRACTS
SUPPLY MONTHLY, QUARTERLY AND ANNUAL INFORMATION TO THE AUDITOR FOR REVIEW
MAINTAIN ANNUAL INVENTORIES AND A LIST OF ALL FIXED ASSETS OWNED BY THE CITY
ISSUE BUILDING PERMITS–MAKING PHYSICAL INSPECTIONS SEVERAL TIMES DURING CONSTRUCTION
ISSUE ALL OTHER LICENSES AND PERMITS AS ALLOWED BY THE ORDINANCES
ACT AS CUSTODIAN OF BOOKS OF RECORD, ORDINANCES, MEETING MINUTES AND OTHER OFFICIAL PROCEEDINGS AND ACTIONS OF THE COUNCIL, THE CORPORATE SEAL AND OTHER OFFICIAL DOCUMENTS.
CREATE, MAINTAIN AND IMPLEMENT A POLICY & PROCEDUREAL MANUAL FOR CITY OPERATIONS
FILL OUT MONTHLY AND QUARTERLY REPORTS FOR THE SEWER PLANT, RETIREMENT, SOCIAL SECURITY, MEDICARE, EMPLOYMENT TAXES AND WITHHOLDING AND SALES TAX REPORTS
WORK WITH THE ASSISTANT FINANCE OFFICER ON THE WATER BILLING, DELINQUENT BILLS, ADDRESS UPDATES AND OTHE INNER OFFICE DUTIES
LISTEN TO THE REQUESTS AND CONCERNS OF THE COMMUNITY AND RELATE TO THE COUNCIL FOR REVIEW.
MAINTAIN THE CHECKBOOK BALANCE, PREPARE MATERIALS FOR CITY COUNCIL MEETINGS, CITY COUNCIL MINUTESAND SCHEDULING GYM EVENTS.
ATTEND ALL COUNCIL MEETINGS AND OTHER MEETINGS AS REQUIRED
CONFER WITH THE MAYOR AND CITY COUNCIL ON FISCAL MATTERS, POLICIES AND PROCEDURES
It was an interesting and enlightening election day. After I voted, I settled down on a folding chair in the atrium of the Alcester City Auditorium as a poll observer.
According to the Office of the Secretary of State, Steven J. Barnett South Dakota Poll Watcher and Observer Guidelines updated 01/08/2019 poll observer is defined as, “…any person at a polling place, to observe, who does not declare themselves to represent one of the categories listed…is not a poll watcher but is an observer…”. (SDCL 12-18-8.1.9.9.1)
“…poll watchers must be positioned in a location where they can plainly see and hear what is done within the polling place but may not interfere in any way (SDCL 12-18-9) Poll watchers and observers may converse with the election board and look at the pollbook only if it doesn’t interfere with the voting process.”
“Within 100 feet of a polling place (including absentee voting polling places), poll watchers and observers MAY NOT do any of the following (SDCL 12-18-3, 12-18-9.1, 12-26-21, 12-26-22)”:
As I sat from 7:30 a.m. and 7:00 p.m., observing the voting public come and go, I found the demographics intriguing. In the early morning hours, it was Hurry-canes and rolling-walkers of the Silent Generation, followed by an after-work-influx of Baby Boomers, followed by end-of-shift GenX and Millennials. Each generation appearing at the polls to vote on their conscience and freely participate in their constitutional right.
At 8:20 a.m. Mayor Glas showed up at the Finance Office whining to Finance Officer Jurrens and alleging, “… I (Vickie) was writing down the names of voters as they walked past me…that the names were already in the poll books…” I was not recording names.
In that same space of time Finance Officer Jurrens mentioned a Chamber of Commerce meeting tomorrow (April 10, 2019) at noon. Gee, I am sure Finance Officer Jurrens announced in one of the March council meetings she had resigned from the Chamber. WOW did I really just see her nose grow?
At 2:50 p.m. Mayor Glas returned on a run, rushing into the Finance Office announcing to Finance Officer Jurrens, “you were right”. Mayor Glas continued to report that 300 East Fourth Street was OMG, “shingling their roof…there was not building permit…HE KNOWS BETTER!” Finance Officer Jurrens picked up her phone (not the fancy one with all manner of bells and whistles a salesman brought in that morning which she will no doubt pitch to the city council, she just has to have it or she cannot function without it!) and called the roofing contractor, left a message for him, “…to contact her right away…!” Then Wanda was sent out with Ballots? WHY was Wanda doing anything with Ballots? About an hour later, the contractor showed up suitably apologetic for the lapse in building permit.
Through-out the day Finance Office Jurrens and Ass’t Halvorson scurried back and forth, in and out of the Finance Office, going here, going there, Post Office, Nursing Home, to lunch and etc. Folks, you really need to bring a comfy lawn chair, sit in the atrium and observe the ‘going-on’ of the Finance Office. It is no wonder, they Need illegal OT or Comp Time to finish their work!
It was the home stretch of my marathon observation, when a disgruntled IA-Roo made his appearance. I watched him walk back and forth for about a half hour, presumably to build up his courage. Finally at 6:20 p.m. his courage at its peak, he stopped in front of me and began his little dance-wing-dipping, squawking out, “…I don’t like my name in the paper…” Well Mr. IA-Roo, I was black-balled by the newspaper some time ago. I have NO articles in the local paper. Now I just content myself with my news reporting medium-www.avoicefromthegallery.com
Mr. IA-Roo claimed “…he OWNED the vandalized curb and gutter…he had been given permission to vandalize the curb…” WHO gave you permission, Mr. IA-Roo? Mr. IA-Roo opines he has lived in Alcester for 25 years and, etc. Mr. IA-Roo I have lived in Alcester since 1988 (31 years). However Mr. IA-Roo whether I have lived here 31 years, you have lived here 25 years or your neighbor across the street has lived here all of his life none of us can lay claim to ‘preferred status’. Mindful of my position of poll observer, I responded more congenially than Mr. IA-Roo deserved.
I told Mr. IA-Roo the curb vandalism would allow water to filter down behind the gutter, collect underneath the street causing voids and faults which would lead to street damage. Now I didn’t use all those big words with him, fearing he would not understand. Surely Mr. IA-Roo through his tenure in Ames and Iowa City (noted Iowa hubs of education) some modicum of extended learning may have rubbed off. Nope? There goes the osmosis theory of education!
Mr. IA-Roo the municipality owns a proscribed number of street-width feet which is measured from the center-line of the street to the curb and beyond. A portion of that city owned footage is from the curb inward, toward the residential structure generally to provide for utilities. Mr. IA-Roo the developer paid to install the curb and gutter, which was added to the price of the lot. Through ordinance, the cost of attrition of curb and gutter attached to Anderson Street has become the liability of the land owner. YOU DO NOT OWN THE CURB AND GUTTER! In addition Mr. IA-Roo according to the CC&R’s which “run with the land” (a copy should be attached to your title), that residential lot could not be sub-divided legally.
Mr. IA-Roo your act of vandalism creates a potential for down-stream damages to your neighbors, for the taxpayers of Alcester and I suspect you could be charged with a misdemeanor for the curb destruction. Speaking of misdemeanors, hopefully Councilman Lance wasn’t the one who gave you permission. Mr. IA-Roo when you chose to school someone, perhaps you should have more than a tenuous grasp on the subject matter!
Mayor Tom Glas called the April 1, 2019, regular meeting of the Alcester City Council to order with Alcester Councilwoman Melissa Kay, Alcester Councilman Lance Johnson, Alcester Councilman Dan Haeder, Alcester Councilwoman Linda Talbott, Alcester Councilwoman Darla Reppe, Alcester Councilman David Larsen and Alcester City Attorney Sam Nelson present.
Mayor Glas called Pledge, Approve Agenda w/Executive Session Personnel, and Approve Minutes of March meetings which the council dispatched approval with no discussion with the exception of the multiple Executive session amendment.
Agenda Item #5-Patrick Andrews of SECOG – presented a draft Ordinance Amendment to the Planning and Zoning Ordinances to the council. The agenda item was noted for a motion to approve a First Reading. WAY TO GO Mayor Glas. This Ordinance needs a public hearing, so affected property owners can voice their opinions BEFORE the first reading.
Motion by Councilman Lance Johnson (01:14:56) “…amended to Ordinance 2019-01 Correct?…” Councilman Dan Haeder, “…that is correct”
NOTE: Significant beneficiary of this change 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 imagine you have just purchased a house for $150K and some free-range rooster who has sub-divided a residential lot, and wants to build a $2K corn-cribbed garage on it so he can park his $35K Hauls-it-all camper next to your life’s investment!
Agenda Item #6 – Public Input – I responded with input. I delivered/served an updated-amended FOIA for the information I requested in my June 12, 2018, FOIA which resulted in my complaint to the Office of Hearing Examiners of Finance Officer Jurrens’ violation of Open Records. There was a brief discussion on time budgeting for the ‘time cards’ I requested. I touched on the Personnel policy manual to be discussed in Agenda Item #14 (e) and I warned the council of their excessive, perceived abuse of Executive session and I also warned each employee and/or personnel issue must be treated as separate executive sessions for SDCL 1-25-2-1:
SDCL 1-25-2 allows a public body to close a meeting for the following purposes: 1) to discuss personnel issues pertaining to officers or employees;
Discussion in the executive session must be strictly limited to the announced subject. No official votes may be taken on any matter during an executive session. The public body must return to open session before any official action can be taken. Board members could be held personally liable for the results of an official vote taken illegally during an executive session. For example, a contract approved only during an executive session could be found void and the board members could be required to repay any public funds spent under the contract. (https://atg.sd.gov/docs/Open_Meetings_brochure_text_2015.pdf)
After my remarks the council asked Alcester City Attorney Sam Nelson for an opinion. As expected Attorney Nelson’s opinion differed from mine with the main argument lying within expediency justification. I would offer the following quote to Attorney Sam and the Alcester City Council,
“If you don’t have time to do it right, when will you have the time to do it over?”
John Wooden
Agenda Item #10 – Water/Wastewater- The singular noteworthy item here is the need for an irrigation pump. Finance Officer Jurrens gave the update with the commentary of, “WE (who? The city bookkeeper and the Cottonelle dandruff in her drawers?)…assume pipe and wire are in good shape… her recommendation Goodland Pump…”
Agenda Item #14 (c) – Special meeting to canvass the votes and any other city business on April 15, 2019, at 6:00 p.m. *This is most likely when the Planning and Zoning Ordinance Amendment public hearing will take place. Please be sure to come to Hear and be Heard!
Agenda Item #14(e) – Policy Manuals/Comp Time (01:18:55) (Councilwoman Melissa Kay asked “…old or new manual…”) to be brought up later (01:19:25) (Councilman Dan Haeder, “…to be brought up later…”)
Agenda Item #19 – Executive Session- Personnel SDCL 1-25-2.1 Mayor Glas called for motion to go into Executive session. (01:25:19) Councilwoman Melissa Kay moved to go into Executive Session per SDCL 1-24-2.1 Personnel, Councilwoman Linda Talbott seconded the motion. There was no further discussion, the vote was called, resulting in a unanimous AYE vote. Mayor Tom Glas led the council like a Judas goat leading sheep to slaughter into Executive session at 7:26 p.m. “for the purposes to discuss 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;”
Ladies and gentlemen this was an illegal Executive session!
Sorry City Attorney Sam, here is where the rubber left the road! Look above and read the SDCL 1-25-2.1 AGAIN. Let’s go line by line:
“for the purposes to discuss the qualifications, competence, performance, character
for example, this could be the Finance Officer’s qualifications, the Finance Officer’s competence,
character or fitness of any public officer or employee or prospective public officer
the Finance Officer’s performance, the Finance Officer’s character or the Finance Officer’s fitness
or employee…”
The purpose of this Executive Session was Personnel Policy Manual as recorded in Item Agenda #14 (e)(I) Personnel Policy Manual/Comp Time Discussion. Listen to the Video. (01:19:25) The comment at the calling of Agenda Item #14 comp time was,
“…to be brought up later…”
Salary versus Wage Test – to be exempt an employee must be paid at least $23,600 per year ($455 per week), be paid on a salary basis and perform exempt job duties.
Finance Officer Jurrens – $46,009.60 per year
Ass’t Finance Officer Halvorson – $34,091.20 per year
Duties Test – to be exempt an employee performs Executive duties, Professional duties or Administrative duties. Supervision of two or more employees. Handling employee grievances or complaints. Office or non-manual work, provide support to the operation or production employees, public relations,
Finance Officer Jurrens – current operational description of the Finance Officer job exempts her from comp time or over-time. Exempt-definitely and comp payments must be paid back to the city!
Ass’t Finance Officer Halvorson – current operational duties include supervising pool employees, handling pool employees grievances or complaints, handling and reporting general public complaints, performs office and non-manual work, and provides support to the operation or productions employees. Exempt- can be argued to be exempt and not qualify for comp time or over time and moneys paid out must be repaid to the city!
Ladies and Gentlemen- Comp time, Overtime was the discussion of the ONE HOUR AND 36 MINUTE EXECUTIVE SESSION– NOT the performance, qualifications, competence, fitness or character of Finance Officer Jurrens, Ass’t Finance Officer Halvorson, Water Supervisor Dale Pearson, or Street Superintendent Lon Johnson.
Mayor Glas declared the council out of Executive Session at 9:02 p.m. and immediately called for a motion to adjourn. Councilman Lance Johnson moved to adjourn, Second came from Councilwoman Darla Reppe, NO discussion and a unanimous Aye vote. Council adjourned at 9:02 p.m.
A Voice from the Gallery 