07/08/2016 A Voice from the Gallery

Mayor Tom Glas called the July 6, 2016, Alcester City council meeting to order at 7:00 pm with Councilwoman Audri Carlson, Councilwoman Kama Johnson and Councilmen David Larsen and  Councilman Mark Dykstra present. Absent were Councilmen Lance Johnson (according to comments he’s baling hay?) and Councilman Mike Burke (according to council comments he should have been off work by 7:00 pm in response to the information, ‘he had to work’)?

The agenda was approved as printed and the minutes for council meetings of June 1, 2016, special meeting and June 6, 2016, regular meeting were approved as presented.

Jun 1-2016 council meeting

 

NOTE: November 5, 2015, Mayor Tom Glas phizzed and moaned about my formal complaint on Theresa Deem and her violations of code costing the city over $1K.

The June 1, 2016, meeting was to interview police applicants. Really? Mayor Glas allegedly           appointed committees for 2016-2017. Glas appointed Councilwoman Kama Johnson as Chair of the Public Safety Committee with Councilmen Lance Johnson and Mike Burke as committee members. So these three councilpersons could meet with Chief Doty at their convenience to review officer applicants without the cost of a special full council meeting just five days before  a regularly scheduled council meeting. Folks do you care how Mayor Glas is spending your tax dollar? Do you care Councilman Lance Johnson and Mike Burke could not find the time to be present for the June 1, 2016 meeting just after being seated for new terms? Councilman Mike Burke just made the last 28 minutes of the June 6, 2016, meeting? What part of their sworn oath of office don’t they get?

 

 

 

 

 

 

 

(Alcester Union-Hudsonite, June 16,2016, page 9)

Next item up was public input. Alcester Bar was on the agenda again! I presented a document from the 2007 insurance audit which recommended a structural engineer be contacted for inspection and review of the south wall of the Bar building. A structural engineer from Sioux Falls was contacted at the time, the wall was inspected and drilled at several points and concluded the brick were just a façade not structural. The engineer provided a written report to the city which was placed on file and forwarded to the city’s insurance provider. Members of the 2007-2008 Liquor store committee were chair-Tom Kribel and members Jesse Duncan and Pete Larsen. So the only thing at issue is to remove the ‘bricks’. The brick wall faces an alley, so why on earth does the Mayor want to spend $10-$15K unbudgeted tax dollars on cosmetics for the back side of a building that is only worth $25K-$35K at best? Really? Here Glas was phizzing and moaning about my legitimate complaint putting him on notice which he ignored, now he is Hades-bent polishing the back-end of a donkey to make the back wall of the bar look ‘purdy’ for the alley night crawlers. Really?

Insurance audit 2007

           Alcester City employee and water systems specialist Dale Pearson received recognitions and award for excellence in his duties but I do not see a photo of Mayor Glas handing Mr. Pearson his award.   I see Mayor Glas and office staff featured front and center in newspaper photos, so where are the photos of our city street, water and wastewater employees when they received awards, where is their public recognition.  I do not mean the behind council doors atta-boys with the Mayor shoving an unframed paper certificate at them, but a full photo-op in the newspaper showing the job well done and the city  appreciates you and your accomplishments!

             202 Broad Street raised its head again. According to a previous statement Mayor Glas must still have wish (?) list plans for a new city offices encased in a Morton style steel building plunked down in a residential neighborhood. One interesting comment made by Mayor Glas was when he referenced the Councilwomen as ‘the girls’. At least I presume he was referencing the councilwomen as ‘the girls’ and not some anatomy part.

            Ward Boundaries have “officially’ and finally been dealt with so the map matches the 2014 Alcester Municipal Ordinances. When one is charged with reviewing a legal document, reasonable care must be taken to prevent the doctrine of unintended consequences from kicking in. In other words, one must anticipate all consequences of semantics and phrasing so one does not castrate the dog when one means to offer it up to stud!

Still no update from Councilman Dykstra on his little chat with the Union County Fair Board and the Union County commissioners about the city land leased to Union County and on which the Union County Commissioners sub-lease to elevator operators/owners to dump corn and soybeans on  and allowing the grain to rot.  Fair time is getting close, Mr. Dykstra and it doesn’t look good for the fairgrounds!  It seems to me, that was a reason Mark Dykstra wanted on the council so he could protect his agri-buddies from mean-ole Mayor Larsen who was trying to protect an Alcester City asset.  Say Councilman Dykstra you mentioned in your March 31, 2016, statement in the Alcester Union-Hudsonite,

“I have work yet to do.  I came on with an agenda and I am not finished doing it. “

Mark Dykstra

Yo Mr. Dykstra, what exactly is the work you have yet to do?   What exactly was the rest of your agenda, I mean besides prop up Madam Woolworth? Economics Czar you are Councilman Dysktra, I have trouble with your apparent economic agenda of continuing to prop up a money pit with no redeeming value throwing good tax dollars after bad.  Why do you refuse to cut losses and sell the building.  Explain what sound business and commercial economic doctrine supports that part of your agenda, Mr. Dykstra?

One last item of interest. Mayor Glas and members of the council are taking another field trip to visit community buildings. Seems to me these trips AFTER architects have presented ideas and costs are silly and wasteful. How much money, time and effort has the new community building committee spent without reviewing and understanding the findings of the old community building committee. Seems like a re-run of “Ground-Hog Day“! By the way, has the VFW and Legion been consulted for their ideas on this remodel delusion?

Vickie A. Larsen

 

 

 

06/07/2016 A Voice from the Gallery

There is a tired old saw quoted by Mayor Tom Glas last night during the council meeting,

“if you cannot say something good about somebody, then don’t say anything at all.”

Well folks, we have signs on the road warning of danger, we have signs on medicine vials warning of danger, we have signs on electrical devices warning of danger and we have signs on water warning of danger, so we most assuredly, absolutely need to be warned of those two-legged millstones whose mediocre job performance grinds taxpayer wallets to a fine powder which fluffs and stuffs their own consequence.

Mayor Tom Glas opened the Alcester City Council meeting at 6:00 pm with four council members present. Absent were council members Mike Burke and Kama Johnson. The Pledge of Allegiance was recited. Note: Mayor Glas is responsible for setting the agenda.

Council member Lance Johnson moved the June 6, 2016, meeting agenda be approved as printed, a second from councilwoman Audri Carlson and discussion concerning the Ward Map Update began. In the May 2, 2016, meeting Councilman David Larsen moved to update the Alcester Ward Boundary Map to agree with the 2014 Revised Alcester Municipal Ordinances with a second from Councilman Lance Johnson. Alcester City Attorney Chuck Haugland began the discussion by indicating the need for a resolution to update the Ward Boundary Map to agree with the 2014 Revised Alcester Municipal Ordinances. Acting on this advice, the council agreed unanimously (Dykstra, Larsen, L. Johnson, K. Johnson and Carlson) to table the question until the next regular meeting to allow the city attorney time to draft the resolution document. This tabled old business did not appear on the June 6, 2016, agenda nor was it discussed in the motion to accept the June 6, 2016, agenda. The motion to accept the June 6, 2016, agenda initiated by Councilman Lance Johnson and seconded by Councilwoman Audri Carlson made no mention of the exclusion of the agenda item of the updated ward boundary map until discussion began. I do believe the amendment motion which is a secondary motion must be dealt with 1) a motion to amend, 2) a second, 3) discussion on the amendment and 4) a majority vote on the amendment and then the amended primary motion is made, seconded, discussed and voted on. This did not happen on the motion to approve the June 6, 2016, agenda. Also missing from the June 6, 2016, agenda was a report on the discussion with FCS and Union County disposition of the May 2, 2016, agenda item involving the Fairgrounds property cleanup and grass re-seed of this City of Alcester asset. Mayor Glas?

Technically there is no approved agenda and a tabled resolution is missing from the proposed June 6, 2016, agenda.

The next bootleg agenda item is the Approval of the minutes of the May 2, 2016, city council meeting. Councilman David Larsen moved to approve the minutes with a second coming from Councilman Mark Dykstra. On discussion, an error was discovered in the May 2, 2016, minutes that involved the reporting of $16.00 per hour wage for Landon Nygaard instead of the $16,000 salary for his position at the Alcester Golf Course. Once again there was no secondary motion to amend, second, discussion and vote to amend the record and then the primary motion. In addition, there was no correction to the published record which inaccurately reported the postponement of the Ward Boundary Map Resolution to the next regular Alcester city council meeting. It is important to note apparently the council had not received packet of information prior to the council meeting. At 5:40 PM when I sat down in the gallery, I watched the collating of pages for the council to ‘peruse’ before they voted on those issues.

Next bootleg agenda item was Alcester Fire Chief Pat Kast advising Mayor Glas and the Council of dispatch problems sending Alcester Fire and Ambulance crews to wrong locations. Fire Chief Kast frustrated with the lack of response from Union county in curing this defect asked for assistance. I called point of information to share my experience of bringing 911 addressing errors to the county’s attention early on the 911 addressing process. Mayor Glas got smarmy about the information I shared culminating in a sharp discussion of Robert’s Rules of Order and my receipt once again of the proverbial, “pat on the head and rap on the knuckles” ideology.

Loren Fischer was present to discuss providing 95 gallon garbage containers at a cost of $1.25 per month to each resident in Alcester. In retrospect it ‘appears’ Mr. Fischer was there in response to a request from the city administration? Wanda Halverson offered up an opinion and amazingly Mayor Glas had no problem with her interaction. It was suggested the question be opened to those residents present seeking their opinions on the issue. Opinions received dealt with storing the larger size container, smaller households do not generate that much garbage per week and pick-up procedure. Mr. Fischer expressed a down-the-road plan to use automated pick up to collect the 95 gallon containers but it would require two passes on each street. Then a suggestion was made, residents could tote those ol’ 95 gallon containers to one side of the street. Folks, I would not tolerate having 95 gallon containers lined up on my property like a legion of 95 gallon garbage troops. Glory! The weed picking, grass measuring property maintenance dictators apparently are OK with picket lines of 95 gallon plastic garbage containers.

2016-04-13 10.37.08

 

 

 

2016-04-13 10.37.24

Alcester Bar South Exterior Wall

Bootleg agenda item Knutson Masonry Bid on the south ‘wall’ of what-else? the Alcester Bar. Mayor Glas’ ‘opinion’ go for option #1 which is parging south wall of liquor store and replacing loose and bad brick. Minimum of 1 control joint to be cut in to prevent cracking in the future and WOW colored mud of owner’s choice.

According to past insurance-prompted engineering opinion, these are facing brick on a concrete block wall and not structural. Since this is an exterior wall tucked away in an alley, aesthetics is not worth the $10K+ price tag. Parging is a process best compared to trying to cover age wrinkles with a highly expensive and largely ineffective cream. Comforting to the eye only. Parging is multiple applications of mortar or sand mix depending on function by trowel, but over large areas such as the south exterior bar wall even coats cannot be achieved without attaching sheets of galvanized mesh to the wall to help hold the mortar in place. (www.ehow.com/way_5900975_way-parge-brick-walls_.html) Since there was only one bid, the council is going to secure a second bid. Let Mayor Glas and the Council know how you feel about this. Best remedy, sell the bar, get it back on the tax rolls, get the brick monkey off the taxpayers backs and stop throwing good tax dollars after bad. Oh by-the-bye, this $10K plus is NOT in the budget!  Councilman Mike Burke presented himself at 7:34 pm for council duty.

Oh yes one last item on the agenda worth mentioning. Mayor Glas’ comments! Glory, venting of his spleen no less! Seems I touched a nerve. Ranting on about falsehoods and half-truths, really? I was right about the Ward Boundary Map and pointed this error out not once but twice to the council and proved it. Mayor Glas got caught with his Union suit unbuttoned with the flap down around his ankles.

Folks when liberties are taken with procedure, not only can the city be legally exposed, each and every action can be referred and council members can be held accountable jointly and severally if the error was previously identified and they ignored it.

 

04/27/2016 A Voice from the Gallery

A Voice from the Gallery

04/27/2016

 

Human Error

def. “person’s mistake rather than on the failure of a machine…”

(“Human Error.” Merriam-Webster.com. Merriam-Webster, n.d. Web 27 April 2016)

Mayor Tom Glas convened the April 18, 2016, meeting of the Alcester City Council at 7:00 p.m. for the purpose of canvassing the April 12, 2016, vote.

Canvas of the votes began for the council person position 107 ballots were cast for councilperson, Mark Dykstra received 91 votes while Vickie Larsen received 16 votes. Keep in mind the number-16 votes. It is to be noted that 10-15 households would have lost their Ward III vote had I given up and let the council “make their decision” as Mayor Glas indicated in the April 4th meeting. It was determined on Friday, April 8th the map the Finance Officer sent to the Union County Auditor was incorrect and did not match the written description of the Ward III boundaries set out in Revised Municipal Ordinances of August 6, 2014. On Saturday, April 9th, I made contact with as many residents on East Park Avenue as I could find home, to let them know that they were indeed in Ward III with confirming telephone calls from the Alcester Finance Office on Monday, April 11, 2016. It is unknown if all East Park Avenue residents were home to be notified by the Finance Office. Mayor Glas and the Alcester City Council were wrong and failed to correct their defect! It is unknown how many absentee ballots may have been affected!

Canvas of the curbside recycling vote began with an announcement by Finance Officer Pat Jurrens. It is important to note here that the City Finance Officer is in charge of the municipal election. As I understand it, the Election Board works during the day at the polling locations and the Finance Officer would need to be available to offer assistance with any issues that would arise. Such as any questions concerning the boundary issues. And all election materials are to be delivered to the Finance Officer after the election. Remember those 16 votes. As the council began the canvas of curbside recycle count, Alcester Finance Officer Jurrens announced there was a 16 vote discrepancy and the 16 votes were not counted due to “Human Error”!   The 16 votes were clipped together and were not counted when the curbside vote ballot box was opened. The ballots were returned to the ballot box and it was sealed. Remember those 16 ballots? Yeah, well those 16 ballots that were clipped together? They failed to make it into the ballot box, were not sealed in the ballot box and went unsecured and vulnerable over night in the finance office and consequently were rendered invalid. Human error? These materials would have been handed to the Alcester Finance Officer per protocols and who ultimately should have noticed those orphan clipped together ballots outside of the ballot box. H-m-m

Human Error- Harmless Error… synonymous? Harmless error is a legal doctrine found in the Federal Rules of Criminal Procedure and Federal Rules of Civil Procedure, rule 61. Simply explained an error made during a trial which upon appeal is examined to determine if harm has been done. Begs the question, did the uncounted ballots affect the outcome of the curbside recycling question? The spread was 98 against curbside recycling to 83 for curbside recycling, with 16 votes invalidated. Was harm attached to 16 uncounted votes?

How important is your vote? Is this how we reward those who fought and died for our Constitutional freedoms? If the job is worth doing, it most assuredly is worth doing completely and correctly. Was it harmless error East Park Avenue voters were close to losing their vote? No it was not! Alcester Mayor Tom Glas and the Alcester City Council were told not once but twice the boundary was incorrect and they did nothing to correct the error prior to election day. Councilman Mark Dykstra most certainly, “had his butt in his council chair” when the council was told of the error, he failed his sworn duty to his constituents in Ward III and threw them under the bus with his failure to act!

   Only time… will bear out the truth!

 

04/13/2016 A Voice from the Gallery

A Voice from the Gallery

04/13/2016

 I was confronted with a choice when I discovered after I turned in my petition late February, there was an error in the Ward lines between Ward II and Ward III, on March 21, 2016, when I brought the issue to the Alcester City Council the Mayor blew me off and again when I pushed on the issue of Ward boundary error on April 4, 2016, Mayor Glas made the statement, “they (the council) had discussed the issue, Councilwoman Kama Johnson commented they were going to go by the map and Mayor Glas stated, “THAT is what we (the council)decided!” Amazing because there was no agenda item involving that ‘decision’, there was not a motion, nor a second, discussion or vote in open session. It must have happened in one of ‘those‘ illegal executive sessions I have been complaining about. Any vote in executive session is illegal and invalid.

My choice, do I create a dust-up and force the issue or do I sit back, do nothing , allowing voters be denied their right to vote for Ward III council person? If I did nothing to cure an error I knew about, I could strengthen any invalidation of election suit but it would cost some 15 ± households their right to vote and taxpayers for another election. The choice was easy…Do the right thing!

Unfortunately by the time I realized Mayor Glas through his obduracy was going to create an invalid election situation, time was short. I visited the Union County Auditor Friday afternoon, April 8, 2016, in an effort to restore East Park Avenue voters to their rightful ward, Ward III. So the Union County Auditor, with consults with the South Dakota Secretary of State, Alcester City Finance Officer and I believe the Union County Attorney’s office, corrected the Ward III poll list and ultimately sent it to the Alcester City Finance Officer on Monday.

Today I verified East Park Avenue voters had no Ward boundary issues and voted Ward III. I was told by an East Park Avenue resident, the Alcester City Finance Office had contacted them by telephone on Monday validating their Ward III status.

The map? In my FOIA (Freedom of Information Act) I asked for a true copy of the Alcester Municipal Code including the Alcester Property Maintenance Code and I paid for that copy. Later I learned the copy I received was not a true and complete copy of the municipal code because under

Chapter 2.01-Boundaries.

(Revised Municipal Ordinances, City of Alcester, South Dakota… Ordinance No. 2014-2, Effective date August 6, 2014)

“The corporate limits of the City are declared to be such as have been legally established and amended by law and ordinances of the City show on the official map on file in the office of the Finance Officer. Such map shall be incorporated in this ordinance (Revised Municipal Ordinances City of Alcester, South Dakota, Ordinance No. 2014-2, Effective date August 6, 2014) by reference and adopted as the official map showing the boundaries and limits of the City. (SDCL 9-3-2, SDCL 9-4-1)”

 Folks no such map was attached or included. Please note this section only established corporate city limits and boundaries NOT Wards and voting precincts. Those were established in:

 “2.0201 Wards

  1. Ward Three shall include all of that part of the City east of the line defined by Park Avenue, the boundary between lots 32 and 36 of the Morningside Addition, the boundary between Lots 1 and 2 of Block 1 of the Hyden Heights Addition, Hyden Drive and Church Street.”

 

Chapter 2.02-Wards and Voting Precincts

(Revised Municipal Ordinances, City of Alcester, South Dakota…Ordinance No. 2014-2, Effective date August 6, 2014)

Auditor supplied map

Auditor supplied map

2012 Map sent to the Union County Auditor as a Ward Map

  • There is no certification or authentication! Incorrect map which miss-stated the Ward boundaries.
  • Precinct maps are usually re-drawn each census year (every 10 years), last census year was 2010.
  • 2012 Ward map is not work product of SECOG (South Eastern Council of Government) nor SDML (South Dakota Municipal League) per representatives of SECOG and SDML.

 

boundary per ordinance

boundary per ordinance 2.0201 C

Map source Beacon-Schneider Corporation, http://www.beacon-schneidercorp.com*, boundary marked according to the boundaries set out in Chapter 2.02-Wards and Voting Precincts:

  • “2.0201     Wards
  • 2.0201 C “Ward Three shall include…east of the line defined by Park Avenue, …boundary between lots 32 and 36 Morningside Add…” Revised Municipal Ordinances…Effective August 6, 2014.

*map purpose is illustrative of ordinance description 2.0201″C” not intended as certification for legal purposes.

Voters on East Park Avenue came very close to be denied the vote for their Ward III representative because uncertified, erroneous Ward maps were supplied to the Union County Auditor by the city, the Ward map did not match the revised 2014 written ordinance, and erroneous application of 2.0101 Boundaries which dealt specifically with corporate city limits NOT ward boundaries. It was close, too close! There is still the issue of absentee ballot and the question whether someone on East Park Avenue wanted to run for Ward III alderman.  Simply because Mayor Glas refused to listen to me, could not apparently read for himself and making a seat-of-the-pants “decision”.

04/12/2016 A Voice from the Gallery

A Voice from the Gallery

04/12/2016

 Looking back I can honestly say running for office and campaigning was interesting, educational and at times entertaining.   I visited with neighbors I knew, met other neighbors for the first time and listened to their stories and concerns.

The election is over, I did not win. The issues are still there, sadly I do not see any foreseeable change in attitudes and practices of the mayor and certain members of the council. I take comfort in the words:

 

“There are worse things than losing an election; the worst thing is to lose one’s convictions and not tell the people the truth.”

Adlai Stevenson

 

As a council member I would have had all the power of a single vote of six, but now I will continue to be content to use the power of the pen, truth, my gallery voice and now few tricks I have learned along the way. So I will continue to attend meetings, I will continue working for city website, open Alcester City government, I will work to curtail their penchant for inappropriate executive sessions in which no business ever comes of them. I will listen to the words of:

 

“First they ignore you, then they ridicule you, then they fight you, and then you win.”

Mahatma Gandhi

and

“You may have to fight a battle more than once two win it.”

Margaret Thatcher

Giving up makes a temporary defeat permanent. So if I have to fight a battle twice, then so be it. What is not acceptable to me is quitting, so I shall not quit!

04/09/2016 A Voice from the Gallery

A Voice from the Gallery

“The pessimist is the man who believes things couldn’t possibly be worse, to which the optimist replies: ‘Oh yes they could!'”

Madeleine Urban, Fish & Chips (Cut & Run#3)

Running for office in a small community is an experience! When I first took out my petition, I asked how many signatures I needed. The finance officer told me, “well, if you have 10-12 you should have plenty”. That is not what I asked. I let it go. I called the Union County Auditor and asked, “how many signatures do I need for city council petition? ” I was told that, “you need to contact your finance officer, she has the formula.” This is wrong, I should have been given a definite number. Not a ‘well-if-you-have’ number.

I turned my petition in ahead of the due date. After the petition turn-in deadline, I asked look at the authenticated petitions. I was told there was a problem with the boundaries and that the Alcester Finance Office was waiting for the Union County Auditor to get back to them. I asked to see my petition and noted that some signatures were marked as invalid because they were allegedly in Ward II not Ward III, my ward. I told the Finance Officer that was incorrect. I continued to watch the situation and was ultimately told the situation had been “resolved”. Since I had a 2010 Ward map and it matched the current Municipal Ordinances which set out the Ward III boundaries effective date August 6, 2014, I was confident I was correct and good-to-go.

Still there was that niggling thought that people were going to be disenfranchised from voting in their own ward. On March 21, 2016, the council met for the purpose of acting as Board of Equalization and during Public Input I asked Mayor Glas and the council about the Ward III boundaries, again questioning the Ward III boundaries. Referencing the ordinances which stated:

 C. Ward Three shall include all of that part of the City east of the line defined by Park Avenue, the secondary between Lots 32 and 36 of the Morningside Addition, the boundary between Lots 1 and 2 of Block 1 of the Hyden Heights Addition, Hyden Drive, and Church Street.”

Revised Municipal Ordinances City of Alcester, South Dakota

Ordinance 2014-2,

Effective date August 6, 2014, Page 4,,Chapter 2.02-WARDS AND VOTING PRECINCTS, 2.020 Wards,, item C. Ward 3.

 

No response, no ‘we’ll check into it’, nothing, just a blank, Phzzed look from Mayor Glas! Finance Officer Pat Jurrens responded the language was a little vague but the invalidated names were in Ward II not Ward III. I want to note here that Alcester City Attorney Chuck Haugland was not present in the meeting.

At the April 4, 2016, regular meeting of the Alcester City Council during Public Input I asked what the council had found out about my question of Ward III boundaries, figuring they had asked City Attorney Haugland. Mayor Glas with a lost sideways look, stated, “I am going to have Pat (Alcester Finance Officer) answer that.” Once again I was told East Park Avenue was in Ward II not Ward III. I pressed that the Revised Municipal Ordinances City of Alcester, South Dakota 2014, clearly and specifically described the boundaries of Ward III and East Park was definitely in Ward III. Councilman Mike Burke stated, “I talked to Mike (Mike Kezar, former Alcester City Finance Officer) and I believe him and not YOU! I continue to argue that the Revised Municipal Ordinances City of Alcester, South Dakota 2014 was very clear and written, out- weighs any map.  Councilwoman Kama Johnson commented that they were going by the map. At which point Mayor Glas lifted his chin, stating, “That is what we decided,” with several council voices in assent. I stated, “You are wrong!”

Again I want to point out Alcester City Attorney Chuck Haugland was not present at the April 4, 2016, meeting. But, two city employees were present and witnessed the exchange. Oh, by-the-way there was no vote in open session to affirm Mayor Glas’ assertion, “That is what we decided“.

On April 8, 2016, still feeling members of Ward III were going to be denied their right to vote, I went to the Union County Auditor Offices in Elk Point. I presented my concerns to the Union County Auditor Klumper. She asked questions, I answered them and she showed me the map the City of Alcester had presented to her office in 2012 which showed a non-existent road east of Park Avenue as the west boundary of Ward III. After calls to the South Dakota Secretary of State’s office and the Alcester City Finance Officer, it was determined I was correct and the line down the middle of Park Avenue was the correct western boundary as set forth by the Revised Municipal Ordinances City of Alcester, South Dakota 2014. Now there was the problem of how to fix error at 4:00 p.m. Friday before Tuesday April 12, vote. Auditor Klumper made a comment, “maybe the council meant to wait until after the election to fix the error”. I pointed out that people would be denied their vote and it was already too late for absentee voters to vote, they had already been denied their vote. Auditor Klumper said she was going to try to get a legal opinion from the Union County Attorney and she would call me to let me know. I left my telephone number. At 4:47 p.m. Friday afternoon,  Union County Auditor Klumper called to let me know they were going to update the Ward lists. This still leaves a problem of voter disenfranchisement.

“‘OH YES THEY CAN”

                                                                               Vickie Larsen

WARD III, ALCESTER BE SURE TO VOTE TUESDAY, APRIL 12! 

 

04/06/2016 A Voice from the Gallery

“The first law for the historian is that he shall never dare utter an untruth. The second is that he shall suppress nothing that is true…”

Marcus Tullius Cicero

Alcester Councilman Mark Dykstra writes:

“…Provide a safe environment by recruiting and maintaining law enforcement..”…

Alcester Union-Hudsonite April 7, 2016

Vickie Defends:

  • Since October 3, 2011, when Mr. Dykstra was appointed to the council and the city has gone through seven police officers on his watch. Mr. Dykstra had a continual dying fit about the veteran police chief until he quit. Mayor Rick Johnson along with the Council, which included Mr. Dykstra, constructively fired our female officer due to council inaction on a harassment charge. Mayor Johnson as well as you Mr. Dykstra were obligated to contact the South Dakota DCI for an independent investigation of the harassment charge. Then there were the officers who left due to council micro-management and better work conditions that didn’t include assault.
  •  I presented Mayor Glas and the city council with a formal complaint against the Alcester Bar on August 3, 2015, asking the agreement between Theresa Deem and the city be vacated based upon Theresa Deem’s violation of the terms and conditions of the lease and operating agreement. Mrs. Deem’s admitted in open city council meeting on July 6, 2015 she allowed minors in the city bar with Alcester Police Chief Ryan Knutson confirming evidence of this was caught on police body cam. Further statements made by Police Chief Knutson in open regular meeting indicated Mrs. Deem violated no smoking in the bar, and was serving customers beyond intoxication, a violation of South Dakota statute.

 

Alcester Councilman Mark Dykstra writes:

“I have no time for rumors or misinformation.”…

Alcester Union-Hudsonite April 7, 2016

 Vickie Defends:

Dykstra letter- to-editor

  •  Peter Larsen was the lone councilman who voted against leasing the bar to Sullivan’s in 2011. Councilman Wayne Van Gelder was still on the council. In February of 2013 YOU, Mr. Dykstra seconded the motion to approve CDBG funds to pay the $30K lawsuit settlement. I DID MY RESEARCH!

source: Approved Alcester City Council minutes from February 2013.

 time line

MR DYKSTRA MADE TIME TO MISINFORM!

 

Alcester Councilman Mark Dykstra writes:

“…community center at a cost of $2-$7 million…scare tactic…I invite voters to see for themselves by looking at the drawings displayed at the city office. Note cost estimates…none of them approach $1 million…”

Alcester Union-Hudsonite, April 7, 2016

Vickie Defends:

  • No scare tactic here. I was a member of the gallery when the first drawings were presented to the council and I was taking notes. Grandiose plans for a town of 850 population. I took the class for real estate sales certification in college and my husband and I have remodeled a 100 year old home, a 1970’s vintage home and we are in the process of remodeling a 1930’s vintage home. I have some education in appraising, experience in costing estimates, design and the common sense to be reasonably close in estimates.
  • In the April 4, 2016, council meeting Councilwoman Audri Carlson (June 2015 a new community building formed) presented figures on the auditorium remodel project. Bids came in at $650K and $700K. No structural engineer report and no real time materials costs.  One bidder wants $6K up front. Structural engineer costs $4K per discussion. Folks this is a COMMERCIAL BUILDING! When the committee throws out terms like volunteer workers, elevated walking track and fundraisers reminding of the song by The Brothers Four, Blue Water Line, “…just twenty thousand quarters and just forty thousand dimes… scares the Bejasus out of me.

 

Alcester Councilman Mark Dykstra writes:

“It is a disservice to the volunteers who are serving on the community center committee to suggest…”

Alcester Union-Hudsonite, April 7, 2016

Vickie Defends:

  • In February 2004 the council discussed the construction of a new community center with a second penny sales tax to pay for the center along with a community block grant. June 2004 discussion on a new community center continued…City Attorney Haugland to look into a second penny sales tax. July 6, 2004, a public meeting planned with an architectural plans and estimated building costs.   August 15, 2005, council sets up City Improvement Committee, Planning and Zoning committee and hold meeting for second reading for second penny sales tax for capital improvement. August 21, 2006, the Community Building Committee of Mark Doty, Adele Buum, Donowan Larsen, Peter Larsen, Mike Kezar and I believe Donna Pederson presented the community center floor plans, locations and estimated costs. September 5, 2007, discussion on remodel or new. September 17, 2007 motion by Larsen to put $15K into fund specifically for the community center. December 29. 2008, another transfer of $15K from second penny to community center fund. Ultimately the committee recommended a new building was a more economical option, the council took no action.

What about the disservice to Mark Doty and his committee?

Alcester Councilman Mark Dykstra writes:

” I refuse to discuss personnel issues in open meetings, whether a job applicant, concerns with existing employees or matters that are private to our employees..”.

Alcester Union-Hudsonite, April 7, 2016

Vickie Defends:

  • September 23, 2013, executive meeting was called to discuss personnel, Policewoman Lisa Pelton was present in the executive session. At approximately five minutes into the session, we heard “Vickie Larsen”. I am not personnel so it illegal use of executive session to discuss me. Later I learned why my name was mentioned. Arrest me, really?
  • Prior to the March 16, 2015, council meeting Councilman Mark Dykstra, Mayor Rick Johnson and Councilman Lance Johnson discussed Officer Tim Peete in front of me stating how they were going to make him pay $1K per month reimbursement to the city for wages paid during certification.
  • March 16, 2016, council meeting summer intern grant writing position was discussed. Councilman-Banker Mark Dykstra asked if the city could share with the Bank? Volunteering in open session Alcester State Bank was short on personnel, two tellers are part-time and a couple were pregnant naming names. Are ya kidding me?
  • April 4, 2016, the entire council discussed bad behaviors of life guards and that videos of safety issues were posted. Mayor Glas stated, “We had to talk to lifeguards about complaints…”. Then the council went into executive session to discuss pool personnel. Councilman Dykstra, you listened to the whole discussion and failed to shut the discussion down!

MR DYKSTRA MADE TIME TO GOSSIP ABOUT CITY PERSONNEL!

03/24/2016 A Voice from the Gallery

A Voice from the Gallery

03/24/2016

             “Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”

Haile Selassie

The March 21, 2016, special meeting to accommodate business before the Alcester Board of Equalization convened at 6:00 p.m.   At least that was the official call to order. A quorum of the Alcester City council was ‘in session’ with members present: Lance Johnson, Mark Dykstra, Audri Carlson, Kama Johnson, Mayor Glas and Finance Officer Pat Jurrens seated at the council table. Councilman David Larson was running late and was not present at the time. For those approximate 10 plus minutes prior to officially opening the meeting, Mayor Glas, Mark Dykstra and Lance Johnson discussed city business concerning the tractor or was it fuel (nope, Lance was talking  about fuel before the unopened March 7th meeting with a quorum present) with Audri Carlson and Kama Johnson observing the blatant violation of opening meeting statutes described in SDCL 1-25-1 through SDCL 1-25-10. Mayor Rick Johnson and councilpersons Burke, Larsen, Dykstra, K. Johnson, S. Johannsen and W. Van Gelder received a tutorial two years ago on open meeting violation when the council meeting adjourned and the full council remained in the room discussing city business in violation of South Dakota Open Meeting statute and a complaint was filed.

Recently and on a recurring, regular basis the council has been going into executive session to discuss personnel, almost but not quite every city council meeting. The most recent was on March 21st, 2016, Councilperson Kama Johnson moved to go into Executive session via 1-25-2.1 to discuss personnel with a second coming from Councilperson David Larsen and with a unanimous approval vote the group went into executive session at 6:19 p.m. by Mayor Glas’ time. At 6:43.75 p.m. councilperson Lance Johnson left the session headed downstairs to the restroom(?) and at 6:44.65 p.m. he was walking back through the executive session door. Please note the times, I was using my recorder timer and landmark sounds i.e. door open at 6:43.75, footsteps down the stairs (16 seconds), paper towel dispenser activation at 6:44.49, up the stairs foot steps (16 seconds) and back through the door at 6:44.65 p.m. OMG! Business done-5.8 seconds…Hey that must be a record! The CDC recommends after using the bathroom, one should wash his hands with soap and water for 20 seconds–singing the following lyrics to the tune of Happy Birthday will take 20 seconds per the CDC:

 “Wash hands well each day,

To keep germs away.

Scrub with soap and water,

And be on your way.

Wash hands well each day,

To keep germs away.

Scrub with soap and water,

And be on your way.”

( 20 seconds )

 Or was it just a ploy to see what I was doing??? Let’s consider the process for gents, how many seconds does it take to unzip, ready for launch, give it a shake, recovery and zip up before the gent washes his hands, 5.8 seconds? I think not! Hey, ya know a gal does get bored standing quietly by the door of the finance office and folks, I did not hear any singing of the CDC Happy Hand Washing Song before I heard the paper towel dispenser activate! The council, well most of the council present spent 30 minutes discussing (?) personnel. It appears when the council wants to exclude the public (gallery) they call an executive session to discuss personnel for 30 minutes. How is it the city has so many personnel issues that require executive session and lengthy discussions?

The council was warned about the ambiguity they were perpetuating on the Ward III residents. Alcester Municipal Ordinance revisions approved by the council, effective August 6, 2014, and provided me by the City Finance Officer as a true copy of current city ordinances per my FOIA request dated July 9, 2015, establish the boundaries of Ward III as:

 2.0201 C… Ward Three shall include all of that part of the City east of the line defined by Park Avenue, the boundary between Lots 32 and 36 of the Morningside Addition, the boundary between Lots 1 and 2 of Block I of the Hyden Height Addition, Hyden Drive and Church Street.”

Mayor Glas chooses to blow me off and ignore the facts with Councilman Dykstra presenting as Pinocchio each time he makes a statement in the paper attempting to refute my facts. Councilman Dykstra loves to gossip about employees of the City of Alcester and of the State Bank of Alcester, one has to wonder if he shares executive session chit-chat with the public? H-m-m? Mayor Glas needs to get his act together because with the Ward III boundary issue, he will disenfranchise certain voters, cost the city thousands of dollars and invite a lawsuit. Mayor Glas feels our City Attorney is costing too much money and is not useful during council meetings so he routinely gives City Attorney Haugland the boot and proceeds to violate open meeting and executive session rules as put forth in South Dakota Statute.  Salute Mayor Glas!!

03/11/2016 A Voice from the Gallery

 “Your ignorance is their power”

Riley Villiers-Furz,  PAW PRINT,   09/06/13

      The March 7, 2016, council meeting convened at 6.00 p.m. with Mayor Glas and full council present. Approximately 10 minutes into the meeting, after Agenda approval as amended, the minutes of the February 1st and 15th meetings were approved and public input was received, the council went on to the Resolution of Intent to Annex. Councilman David Larsen brought the question that the Union County Commissioners amended Alcester Resolution 2016-01, a Resolution of Annexation:

Alcester City Annexation Motion by Karpen, second by Headid to approve the resolution provided by the city of Alcester with the amendment “including all adjoining roads”. Motion carried. Resolution #UCC 2016-001 A RESOLUTION APPROVING ANNEXATION OF TERRITORY BY THE CITY OF ALCESTER WHEREAS, the City of Alcester desires to annex the following described property, to wit: Lot D-SE 28-95-49 was is 307.5 x 300 ft as occupied west of Iowa Street and north of South Street. WHEREAS,    pursuant to SDCL 9-4-5, such annexation may be subject to review by the Board of     County Commissioners. THEREFORE, BE IT RESOLVED by the Union County Board of  County Commissioners, that the annexation of the above described territory by the City   of Alcester be and the same is hereby approved. **to include all adjoining roads. Motion    carried.”

(Unapproved minutes of the Union County Commissioners meeting on February 4, 2016, published in the Alcester Union-Hudsonite on February 11, 2016.)

After input from city attorney Chuck Haugland, Mayor Glas called the motion, received the motion from Councilman Lance Johnson who failed to specify the council was considering their initial motion and not the amended motion from the Union County Commissioners, Councilman Mike Burke called second, Mayor Glas failed to call for discussion and the council voted unanimously to approve Councilman Lance Johnson’s motion. It is my opinion, the residents of Alcester may be on the hook for the maintenance of South Street, South Iowa with the twin culverts which need to be replaced. WOW!

At approximately 6:15 p.m. Mayor Glas called for executive session to discuss I believe 1.25.2-3 ( Executive meeting, #3, “Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters…”, it was hard to decipher the mumbling groping for the correct statute. Usually a specific explanation is made, but with Mayor Glas it is the exception unless he is prompted to follow the rule.

Legal update on the status of 202 Broad street which apparently is in foreclosure with a pending bankruptcy which slows the foreclosure process. Mayor Glas told Alcester City Attorney Haugland to handle this issue a.s.a.p. presumably the next day, to which Mr. Haugland told Mayor Glas he was in the middle of tax season and would get to it as soon as he could. Mayor Glas got seven shades of Phizzy, replying, “… the city is paying you as city attorney…” to which Mr. Haugland replied, “I am also under retainer with my tax clients…” Mr. Haugland was dismissed from the meeting. It is to be noted here that Mr. Haugland is giving the city a generous discount for his services but it seems the Mayor wants ‘fire sale’ prices for city attorney and police department.

We have a new police chief, Chris Doty. Congratulations Chris.

It appears the Alcester Industrial Park Board is off and running.   By Golly, they want to get things done! Finance Officer Jurrens asked for permission to plat and plan roads. Mayor Glas called the motion, Councilman Lance Johnson made the motion, Councilman David Larsen provided the second with unanimous approval. Ward I has been waiting patiently for years to have their utilities upgraded to current standards, they have had to watch as East side Anderson Street, Lee Drive got the street upgrades with Beck Drive being developed with utilities, East Clark developed and meanwhile the folks living on the West side are still waiting. So do we have a Flint, Michigan, situation in progress?

SRTS or Safe Routes to School update. In 2013 a grant was awarded for non-infrastructure use. News is the powers that be, failed to read the reimbursement grant and understand that it had an expiration date and the $5K (I believe) was not used so the grant folks figured Alcester did not need the grant. Wh-o-e-e Three month extension?

Executive session was called 1-25-2.1 to discuss personnel which I understand is, “to discuss the qualifications, competence, performance, character of fitness of any public officer or employee or prospective public officer or employee. ” H-m-m I can see why they might not want to explain this one and just refer to it by number.  Given the legal history of two of the council members, I find it curious they are suddenly concerned with fitness of character for prospective public officers. While I have taken no oath, the council has and are bound by that oath, but at least one councilman seems to have violated the precepts of executive session.

In 2000 Alcester Mayor Kim Shefte padlocked the doors to city hall, now it seems we are still being locked out but by executive session and coffee klatch-type conversations.

Photo of Alcester City Offices Padlocked

Alcester citizens locked out of city hall when Mayor Shefte padlocked the doors!

03/04/2016 A Voice from the Gallery

A Voice from the Gallery

03/04/2016

As I start my political journey I am reminded of “America’s” song lyric, “…On the first part of my journey…”, and as I circulated my petition through Ward III visiting with my neighbors, they shared ideas, opinions and histories with me. One shared that her father gathered up his family and with a couple dozen other drought stricken families from the same SD county moved en masse to the Alcester area to start fresh.  As I understand it, those thirty some families put down roots, flourished and grew Alcester’s population and diversity.

But sadly over the years, the municipal government failed to keep up. The bull-headed, tunneled vision, neck encircling mill-stone policy of the mayor presiding over the council in 1989-1994 refused to levy minimum tax hikes to offset inflation ultimately setting Alcester behind the proverbial 8-ball with no money to maintain or make infrastructure improvements leaving Alcester financially vulnerable.

Today, we still suffer from the effects of the shadow of that 8-ball. In the past three years, the city has been sued or threatened with lawsuit several times. The county dispatch lawsuit, the bar lawsuit, a threatened workplace harassment lawsuit and an alleged assault of one of our police officers and payment for officer certification school.

*The county dispatch lawsuit is ongoing with no updates to the community.

*The bar Sullivan lawsuit was settled, costing the city $30K +/-.

*In the workplace harassment issue the mayor did not hand off to the South Dakota DCI for proper investigation setting the city up for nonfeasance charges, the council did not take action because according to ‘scuttlebutt’ (apparently a councilman divulged executive session) the complaining party resigned so the council figured they did not have to take action, leaving the city open for nonfeasance charges and lawsuit. According to Black’s Law Dictionary, “nonfeasance is neglect of duty, the neglect or failure of a person to do some act which he ought to do” creating an actionable liability. In addition at the September 23rd, 2013, special meeting the council went into executive session to discuss personnel issues with Alcester police officer Lisa present around 5:45 p.m. at which time my name was heard in the closed session and I am not personnel, after 15 minutes officer Lisa left the room and executive session continued for approximately another 48 minutes. The council violated executive session which had been called for the sole purpose of discussing personnel not Vickie Larsen. Officer Lisa tendered her resignation in that session and in a later interview with me, she told me the council wanted her to arrest me if I made a fuss.

*In the police officer issue, the council settled $2889.13 by way of the department of Labor. The alleged assault on the officer appears to have pleaded down and as a reward the council voted to seat the alleged attacker on the council.

Councilman Dykstra was seated then and remains a member of the council, freely participating in the deliberate nose thumbing failure of proper process and his obligation to act among other ‘positive qualities’ which I will address. It appears that Councilman Dykstra and a cohort or two intend to ‘teach’ me as Kevin Alfred Strom wrote, ” To learn who rules over you (me), simply find out who you are not allowed to criticize…”. I started out sharing what I witnessed in council sessions using the ‘flashlight’ of opinion letters-to-the-editor in the local paper until the new publisher refused to carry any more of my letters telling me my reporting was not good for the city. H-m-m I wonder if the publisher has a local bank loan—- VP privileges maybe? So what are they afraid of? I was content to use the ‘flashlight’ to enlighten the residents of council meeting behaviors and behind closed door policies but I do believe a 4000 watt Sky Cannon Skytracker searchlight is more appropriate now.

Vickie