Tag: Patricia Hammitt Alcester SD

08-14-2023 A Voice From the Gallery

First they ignore you, then they ridicule you, then they fight you, and you win!

Mahatma Gandhi

When I first became aware of the “Letter to the Editor authored by Ms. Paula Fagre” appearing in the August 10, 2023, Number 32, Volume 136, edition of the Alcester Union-Hudonsite” newspaper, I balanced my choices. Play verbal chicken with a flightless bird, initiate a verbal duel with a saber versus an epee or ‘psycho-analyzing’ the statements made in the letter to the editor.   With that said, let’s start with the paragraph-by-paragraph approach below (the red italicized paragraphs) and determine whether I should call the chicken out or give a sharp slashing poke.

¶1  “It has been a long couple of months, after anticipating what turned out to be an EMERGENCY MEETING by the Alcester City Council on 7/2/4/2023.  I will humbly admit that I did not handle myself well under the stress, but I did send a formal apology by letter to this current council for my upset, and my quietly rude gestures-all while they discussed in these endless private executive sessions…”

Humbly Ms. Fagre?  Under stress, Ms. Fagre?  I see no humility and I question your choice of blaming your questionable behavior on stress.  You were not the subject of the executive session.  You sent a formal apology by letter for your upset and your quietly rude gestures???  What is this too little, too late?  A variation on the attitude of, “it is better to apologize than ask for permission…”  Madam you state. “… quietly rude gestures…”.  Are you aware you were in a public government building during a meeting in which an executive session was in process and you were just outside the door stomping and wildly gesticulating at the council in executive session?  You were in effect obstructing and threatening with your gestures, government officials in a closed meeting.  Duh?

¶2  “I wanted to reply to some of the comments made at City Council in regard to my artwork hanging in City Hall, and the Community Event Center in Alcester, SD.  Some of the comments made were alluding to the fact that hanging art in a public space is practically a crime…”

Ms. Fagre, madame artiste there was no allusion to a crime, I merely asked questions why the City of Alcester in the guise of FO Pat Jurrens who appeared to be working as a gallerist for a private and apparently for-profit entity.  The walls of Alcester City Hall and the Alcester Community Center were in effect damaged and or vandalized for the purposes of displaying this personal art show.  I asked the question, was the city being reimbursed for this ongoing display, the cleaning of this art display, the liability for this art display and the employee time spend in managing and cleaning this display.  The city is not in the business of being your private art gallery.  The Alcester Taxpayers are not paying taxes so you can display your ‘wares’ madame artiste and make money off their tax dollars.   Build your own gallery or rent a storage shed so you can open the doors and sell your “art” on the weekends.   You pay for your own facility, You pay for your own advertising and You collect your own cash instead of floating it through the city coffers.  The council did not give its permission to be a gallery for you.  Your inference we should be grateful that you are bringing people into Alcester with your art is ludicrous and presumptuous.

¶3  “…It is quite apparent that one particular lady living in Alcester appears to hate my art or me, because of my association with Patty.  And, for now, not one City Council Member disagrees with that assessment.  I am sincere when I day that I truly believed that hanging art in these places in our little town, would bring color and fun to a working space, and a restaurant.  It was completely free to anyone that chose to enjoy.  And, if I should make a sale here and there, I figured this would be a WIN-WIN situation for all…”

Assuming that I am that lady accused of hating your art or hating your person.  First “madame artiste”, I am no lady and I do not have the title Dame before my name either with an “E” or without an “E”.  I have my own art appreciation.  As to hating you, at this point I have no interest in you one way or the other.  However, that could change given your propensity for libeling, slandering and threatening our duly elected public officials via media venues or in public hallways.

4  “…Never was Patty Jurrens my “personal gallerist: as was stated.  I did not ever have any kind of contract, or was thought to be EXCLUSIVE.  I am guessing that if anyone wanted to share their artwork, it would have been accepted as well.  I was simply bold enough to ASK if it would be OKAY…”

Ms. Fagre, I spoke to the appearance of former Finance Officer Patrica Jurrens acting as a curator or a gallerist. Your reference to former Alcester Finance Officer as your personal gallerist is in error.  I did not say former Alcester Finance Officer was your personal gallerist.  I never got an answer to my question dealing with that subject during council as to what exactly was going on with the art. Why? Because the council was unaware of FOPat’s apparent failure to get the council’s permission, contract, agreement and there was no vote to approve your art display in the city offices or the community center.  Where by the way, YOU are still displaying your wares in the community center and we the people have no idea what the accounting, sales and etc. is taking place. We want that accounting.   You forget Ms. Fagre it appears to have been FOPat and only FOPat who was “allowing” your “Art to be Hung”!  Madam Fagre your guesses are irrelevant.

¶5  “…I don’t think Patty, Wanda, Abigail or Landon spent much time hanging, or rearranging the pieces that I would bring in.  Most of them I hung myself originally.  With the help of my amazing husband, Richard.  And the, I told City Personnel to decide what hung where.  I am not that much of a control freak.  I said…Do whatever you think is best.”

Ms. Fagre the fact you ‘don’t think” says it all.  Ya dumped your ‘art’ on the city, expecting the city employees to take care of it for you on the taxpayer dollar.  WOW In addition Ms. Fagre, I cannot speak to how amazing your husband is or how much of a freak you are no, matter how tempting.

¶6  “…Was I grateful every single time someone purchased an art piece?  Yes.  Absolutely.  I am grateful ANY time someone finds joy in the work that I do.  Am I becoming independently wealthy by my art work?  Not a Chance.  Sometimes I spend more dollars on the art supplies, than I do selling a piece.  Not to mention the hours spent on each one…”

Ms. Fagre, I would not ever try to guess how much you spend on your canvas, acrylics, alcohol ink, wood planks or you Gandma Moses frames.  The hours you spent on your “art” are valuable only in that you are not harassing city officials when you are huddled in your dark studio, creating your art.

¶7  “…My goal was never to hurt a single individual by sharing art work.  As a matter of fact, I have donated at least a dozen pieces EACH YEAR for the past 8 years here in town, to various groups in our local community.

Ms. Fagre what you have or have not donated is not pertinent to your behavior toward our mayor and council members.  I am not inclined to give you a free pass on your behavioral ‘upsets’ just because you donate some canvas, paint and alcohol ink or offered up a crocodile-teared written apology.

¶8  “…I have tried everything I can think of to be a good resident, a nice neighbor and a supporter of this community…”

Ms. Fagre I am not interested in what you have tried but how many people have been bullied by you in those endeavors.

¶9   “…We are retired. And tired, to be honest.  Most don’t even know that Richard had a kidney removed due to renal carcinoma last month, and I just broke a rib.  And yet, so many people have much worse going on, and we realize that …”

Ms. Fagre your husband’s personal health problems are not relevant to the discussion we are having.  However, the broken rib just might be relevant, did that happen the night you visited City Hall and showed those present in the hallway how many foul words you had in your vocabulary?

¶10  “…Our income is SS.  Plus, we are “Janitors for Jesus” at Nathanel Lutheran.  And, Richard drives school bus.  In addition, I have stepped in to teach art at the Alcester Schools when it was needed.  That was Great…”

Ms. Fagre, I am sure HE is grateful for your service. 

¶11  “…We have volunteered in every capacity possible.  And…mostly…I constantly spread the positive word about our little town.  I’m human, so I have had some complaints. But… it was almost always just how wonderful this town has been…”

Ah Ms. Fagre, there is the rub.  You brag about the town but you degrade and threaten our public officials in person and in social media.

¶12  “…I am now very sad, and disturbed at what has happened…”

¶13  “…You think I am devastated?  I cannot even imagine what our finance officer is feeling at this moment….”

Ms. Fagre perhaps you should have been just as devastated when FOPat was harassing our former Finance Officer who was gravely ill.  You should have been just as devastated when she tried to have a young man arrested on false claims via 911 calls or upset with the lies, she has told to the council and the public.

¶14  “…I have now rambled a bit, and spent a full page talking about what feels like being crucified personally.  I could do ten pages as to why Patty should not have been treated with even more cruelty.  Of course…each and every one of her critics has an opinion for this final decision.  Rumors and hearsay are not good reasons…”

Ms. Fagre do not confuse fact for Pat’s fiction or crafting a crown from the pikes of a Yucca plant.  This has been a long time coming and too many residents have been victims of FOPat’s actions, consistant failure to do the job she was paid to do and her manipulations of robbing Percy to pay Patty.

¶15   “…This job…was an impossible job.  No one could win at it.  And…it was said that Patty was hired as a bookkeeper, and that is all she should have been.  Okay.  Fine.  But…if no one stepped into MANAGE the daily events, from petty issues all day long, to HUGE endeavors like the Community Center and the Water Treatment Plant…WHO WOULD HAVE DONE IT?  No one seems to want to help out with ALL THAT!…”

Our former Finance Officer Mike Kezar was doing quite well, he did have an assistant but Mr. Kezar did not have delusions of being City Administrator.  That was all FOPat!  Quite frankly it is my opinion that FOPat did not want anyone to know exactly what it was she was doing and what exactly she was failing to do.  FOPatty do petty issues?  Nah, she wanted the big top, center-ring show grabber! 

¶16  “…And…by the way…a former Council Member said that Patty Jurrens did not have a degree, so she should not even be in that position.  CHECK YOUR FACTS!  She has a 4-year degree from USD in Accounting.  Why are untruths allowed to be stated without corrections?  I would like some Investigation as to where Lukas Driesen graduated from.  I will check.  Being a mayor is a very important position as well.  And my personal experiences have shown me why he might not be the best thing for Alcester.  ASK ME, and I will explain privately.  I do not want to share personal issues in public.  I prefer the positive over the negative.  Always…”

Ms. Fagre as far as asking you about anything, it would seem from recent experience it all depends on what time of the day we would be asking.  After the witching hour or when the needle on the glass registers E?  By the way how was it you broke a rib? So far madame artiste you have not conducted anything in private as it relates to our mayor and you have been more than willing to share your opinion, your prejudice and your vitriol in person and on Facebook which albeit was taken down, H-m-m!

¶17  “…I guess we will now see how it all goes.  By unanimous vote of the current council, Ms. Jurrens has been officially fired, After serving this town for more than a dozen years.  Even though I am a College Graduate, former High School Teacher and Varsity Coach, former Business owner of 7 restaurants in 3 states, Chamber Executive Assistant, Property Manager, Golf Coursen Staff Member, COA Executive Assistant, Lifeguard, Drivers Ed Teacher, Secretary, Janitor and now Artist…I could not care one little bit about credentials.  I only look at how a person lives and operates…”

Ah Gee for someone who. “…could not care one little bit about credentials…”  Ya sure do know how to list them ad nauseum.  Ms. Fagre you go on to say, “I only look at how a person lives and operates…”  So, ma’am taking your own justification for what you look at in how you judge people, YOU are giving me permission to look at how YOU operate and how YOU perceived how FOPat operates.  Ma’am when did you last have YOUR vision checked, H-m-m? Oh by the way Ms. Fagre, do you know how long Mr. Kezar was Finance Officer when he was dismissed? Over thirty years Ms. Fagre. What was his wage at his dismissal? $35K plus or minus. So what was Pat Jurrens starting wage as Finance Officer with no experience? She was hired with no experience as finance officer at $2000.00 more than what Mr. Kezar was making after 30 years of service to the city with an raise to $40,000.00 a year after a short trial period. Still want to hand out thorny crowns to your bestie?

¶18  “…It’s a never-ending spinning toilet bowl recently.  Sadly.  I had high hopes that we were truly better than that.  Speaking of being better, I hear at the council meetings all the time that we need to be respectful of one another.  And yet, there is name calling from a certain lady constantly.  I am known now as “Barstool Betty”, Cosette Hemen (by the way, I corrected your spelling of your ‘friend’s name) is “Nurse Ratched” (again I corrected your spelling of the name of the character Nurse Rached), and Anita is “California Karen”.  She also refers to the beautiful Alcester Community Center as the “Big White Alabatross”.  It is allowed to be printed and filmed and shared among the airwaves.  The names that she has called Pat Jurrens are not even something that I would like to type here. This citizen, that I will not name, is constantly finding fault with someone, and breaking down instead of building up our community.  It appears that she carries a sign that says, “Welcome to Hellcester”.

Ms. Fagre throughout this diatribe you appear to make extensive use of the party favor word “hearsay” and you have sprinkled “misinformation” like the confetti bombs at a Reveal Party.  By the way, did you use your special alcohol ink for your vitriolic, verbal and venomous assault on our elected officials and reporters? Correcting your analogy of “a never-ending, spinning toilet bowl…”  Ms. Fagre a toilet bowl does not spin, the water spins  a- n- d  ma’am the spinning water stops when the defecate is removed through that big hole in the bottom of the toilet bowl! 

I have already corrected your numerous errors in spelling in the above paragraph because I do not want to perpetuate your mistakes. I have referred to the Alcester Community Center as “an Albatross” not big and not white.  You added those terms.  In addition to characterize the Alcester Community Center as beautiful.  Ma’am from what I gather is YOUR definition of beautiful, “Beauty” is definitely in the eye of the beholder and I most assuredly do not share your concept of beauty. 

Ms. Fagre you chafe, .. It (presumably my video blog) is allowed to be printed and filmed and shared among the airwaves…” Madame artiste, remember what the U.S. Constitution says?  Amendment I – Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Ms. Fagre, you inventoried you varied accomplishments and trotted them out like grocery coupons in the local newspaper.  Ma’am when you were graduating high school, I was graduating college.  I was proud to be the first in my family to achieve a college degree.  My grade point was not necessarily noteworthy because I paid my way through school.  While I attended a local two-year community college, I went to school during the day and at 4:00 I was punching in at the time clock at Berkeley & Company.  I worked from 4:00 pm to midnight, five days a week year round.  I earned $1.80 per hour, $.10 of that was shift pay.  I ran machines, molding machines, I ran 45 braiding machines which produced braided rope and spooling machines which transferred the plastic strands onto the spools for the braiding machines.  From Iowa Lakes Community College, I went to Northern State College in Aberdeen where I finished out my BA degree in English, with a minor in History and the equivalent of a minor in science due to my insistence on getting a BA degree not a BS degree.  Yes, I am proud of that accomplishment! 

My other accomplishments along the way are only relevant to those services to people along the way.  The good people of Alcester are aware of some of my accomplishments, but not all of them.  Some of what I did was anonymous by choice.  I did not feel the need to brag about them when it may embarrass a recipient or when a pat on the back was better served being attributed to someone else.  So as I said, the good folks of Alcester are aware of my contributions to Alcester.

I do not carry a sign either figuratively or in reality declaring, “Welcome to Hellcester”.  Folks that is a malignant, malevolent characterization of Ms. Fagre’s design.

¶19  “…The real sign reads, “ALCESTER…Small Town Treasure”.  Hope that remains true for the future…Without reminding citizens of this beautiful little town, and our United States of America…and trying to live under our CONSTITUTION…our State Motto remains…” Under God, the people rule”. It is up to the people.  I am only one voice…”

          Ms. Fagre says, “…without reminding citizens of this beautiful little town…”  Sugar ya’ll spouted an Oxymoron ie. “…without reminding…”, but then ya’ll remind them.  Oh by the way Ms. Fagre, I took a class titled, Semantics.  It was a great class.  The South Dakota Motto, “Under God, the people rule” is often interpreted “if the people believe in God, they rule”.  However this is open to interpretation.  What if it really means God has set out the rules to the people, the people must abide by and uphold those rules then and only then the people will rule?

One last thought for you about me Ms. Fagre … “en Garde!”,

One word of encouragement to Mayor Lukas,

“Never confuse a single defeat with a final defeat…F. Scott Fitzgerald.

Throw me to the wolves and I will return leading the pack.

Seneca

08/02/2023 A View From the Gallery

I read a redacted version of this statement to the council.  I was limited to three (3) minutes for which I did not plan and therefore it came off disjointed until the end.

“This concerns the rapid, flimsy and questionable excuses with which the Alcester City Attorney Sam et.al. are attempting to unseat our Mayor Lukas Driesen.”

“The time starts with the pre-election steps Lukas Driesen took to run for the seat of Mayor of Alcester, SD.  Mr. Driesen contacted Finance Officer Patricia Jurrens for the number of signatures he needed for his petition for mayor…” Alcester is a Second Class Municipality.  A second class municipality defined in South Dakota State Statute is a city with a population between 500 and 5000.   According to SDCL 9-13-9, the number of signers required for nominating petitions in first, second and third class municipalities…Time for circulating petitions.

9-13-9. Number of signers required for nominating petitions in first, second, and third class municipalities–Time for circulating petitions.

In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

If the candidate is to be voted for by the voters of a ward of a municipality of the first or second class having more than one ward, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. A petition signer in a municipality of the third class is not restricted in the number of petitions which the person may sign.

No nominating petition may be circulated until on or after the last Friday in January before the election.

Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49; SL 1978, ch 60, § 2; SL 1980, ch 64, § 1; SL 1981, ch 67; SL 1983, ch 52, § 4; SL 1986, ch 67, § 5; SL 1987, ch 76, § 1; SL 1988, ch 63, § 7; SL 1992, ch 60, § 2; SL 2004, ch 75, § 4; SL 2017, ch 57, § 1.

Folks our number was 522 registered voters times 5% equals 26.1 signatures for his petition for mayor.   It is usual to get a few more signatures just to be safe.

Lukas Driesen achieved his signatures and was duly elected Mayor of Alcester, South Dakota.  Alcester Finance Officer Patricia Jurrens administered the Mayoral Oath of Office to Lukas Driesen.  Then Alcester Finance Officer Patricia Jurrens flatly refused to hand over any of the tools of the officer of Mayor which included Keys to offices, keys to any and all municipal buildings and city owned properties.  This blatant insubordination was just another act in a long line of insubordinate behaviors, lies, inexcusable failures to perform her duty, failures to supply accurate and complete information to the duly elected city council and residents and a history of violations of South Dakota statute it became necessary to terminate Finance Officer Patricia Jurrens.

Mayor Driesen used his authority as duly elected mayor, confirmed by Patterson v Linn and removed Patricia Jurrens

Patterson v. Linn, 

#21745 “KONENKAMP, Justice (on reassignment).

[¶1.] By statute, the mayor in an aldermanic-governed municipality has the authority to remove officers the mayor appointed.  Clifford L. Linn, the mayor of Sturgis, summarily fired the city finance officer during her one-year term.  The city has a personnel policy outlining legal procedures for discharging employees, but it was not followed.  The finance officer brought suit.  In granting summary judgment for the mayor and the city, the circuit court concluded that even if the personnel policy applied, it could not override the statute empowering the mayor to remove an officer.  We affirm.”  Considered on Briefs May 29, 2001…Opinion Filed 11/7/2001

https://ujs.sd.gov/Supreme_Court/opiniondetail.aspx?ID=194

from the position of Alcester Finance Officer, terminating her employment on or around July 6, 2023, with a formal confirmation by roll call vote of the Alcester City Council on July 18. 2023.  This process can be viewed and heard in the video presented at www.avoicefromthegallery.com dated July 24, 2023, time stop (00:18:50.90)  AGENDA ITEM #4 with a unanimous vote of the council.  

Unfortunately due to threats and aggressive behaviors toward Mayor Driesen, he offered a letter of resignation but as I understand the situation the letter was not presented to anyone on the council nor the city attorney.  It was just passed on. The council under the direction of President of the council, mayor pro-tem Darla Reppe did not act upon or accept this resignation ‘document’.  On July 26, 2023, Mayor Driesen rescinded that resignation with a written document of rescission of his previous document of resignation and copies of the signed and dated rescission were distributed to the members of the city council.

However, City Attorney Sam Nelson Through Attorney Austin Felts stated the first document stands m and made no comment on the rescission document.  Now let’s talk about the history of the presence of the firm of Frieberg, Nelson and Ask. Attorney at Law as Alcester City Attorneys.

January 8, 2018, the Alcester City council voted to approve the 2018 Retainer agreement between the City of Alcester and Attorney Charles Haugland of Gubbrud, Haugland and Gillespie Law Firm.  Motion was made by Alcester City Councilman David Larsen to approve the retainer agreement, with a second coming from Councilwoman Darla Reppe and with all members of the council having a true and complete copy of the retainer agreement, the council voted unanimously to approve the retainer agreement between the City of Alcester and Charles Haugland, Attorney.

However, on January 9, 2018, Mayor Tom Glass and City Finance Officer Patricia Jurrens hot footed it down the street to Mr. Haugland’s office and announced, “the city council felt that it was ‘time for a change’ concerning the retention of Mr. Haugland’s Law Office and Mr. Haugland in particular…that the city intended to retain Tom Frieberg of Frieberg, Nelson and Ask as the new City Attorney for the City of Alcester…”  With Glass and Jurrens comment he (Mr. Haugland) would remain until sales documents were completed.  Mr. Haugland responded, “NO!”  Mr Haugland tendered his Letter of Resignation January 16, 2018.

WOW the council of two, Glass and Jurrens ‘decided’ it was time for a change less than 24 hours after the council voted unanimously to approve the retainer agreement which awarded Mr. Haugland $105.00 per hour for his legal services.

There was no meeting on January 9, 2018, for the council to meet and decide… JUST Glass and Jurrens yapping.  Now folks about that ‘new’ retainer agreement.  Moving on to the February 5, 2018, council meeting where Tom Frieberg is seated at the council table, n ote vidieo.  Man,  Mr. Haugland’s seat did not even have time to get cold.  Now Mr. Tom Frieberg is called upon to review the ‘New’ 2018 Retainer Agreement which awarded $150.00 per hour fee to Tom Frieberg and $125.00 per hour fee to Mr. Sam Nelson..  So who wrote that ‘New’ 2018 Retainer Agreement?  Was it Finance Officer Patricia Jurrens who had already pinched Mr. Hauglands work-product to suit her ‘needs’ or was it Councilwoman Melissa Kay, a law student?   After Mr. Frieberg’s ‘review’, Councilman Dan Haeder moved to approve the ‘new’ 2018 Retainer Agreement, using Freiberg, Nelson and Ask Law as the city of Alcester’s new city attorneys. I gotta wonder if ol’ FOPat was a client of Frieberg, Nelson and Ask.

Now Finance Officer Patricia Jurrens does not like or trust Mayor Lukas.  Her words not mine.  UP STEPS the firm of Frieberg, Nelson and Ask opine-ing and arguing Mayor Lukas’s letter of resignation stands…but his letter of rescission (The revocation, cancellation, or repeal of a law, order, or agreement. “the plaintiff agreed to the rescission of the agreement”) does not?  

WRONG!

  They are both legal documents and duly signed and dated.

Then there was a hear-say comment that Councilwoman Hatle could take part in the meeting via telephone but she could not vote.

WRONG!

From 08/30/2020 through and past the date of 03/15/2021, the city of Alcester carried telephone participation where absent council members participated and VOTED via roll-call vote via telephone.  As well as our city attorney Sam Nelson has on numerous occasions taken part with opinions etc. when he has been away in Pierre Lobbying or whatever called him away from our council meetings. 

In the October 2, 2019, meeting held in the Alcester Golf Course ‘clubhouse’ I made a comment on how often a lawyer was correct.  Something to the effect that a lawyer is only right half the time and I asked him (Sam) which half he was working on?  With that said, please take note of my video of April 15, 2019, where the ballots from the election were being canvassed.  Take note in the video where the ballot box was illegally opened, the ballots were illegally dealt out to the city council members by Councilman Dan Haeder and how Councilman Dan Haeder held the totally empty ballot box up to show my camera.  Big time Election violation, which I wrote up a complaint and filed.  A DCI agent viewed the video when he came to visit me and questioned me regarding that complaint.  NOTE:  the lower left hand part of the video, note that City Attorney Sam was in attendance and sat quietly watching and without comment as to the illegality of what he was witnessing.  Sam was …

WRONG AGAIN!

So I concluded my abbreviated remarks with:

 “…when you (the council) go into executive session to discuss the position of Mayor… VOTE to accept Mayor Lukas’s recession document which negates the resignation document and returns Mayor Lukas to his place as Mayor or you may VOTE TO APPOINT Mayor Lukas without taking any more interviews, restoring him to his duly elected position to Mayor of Alcester.

It is a sad commentary when the threat of a lawsuit is used to force a city council to acquiesce to bad advice whether it comes from a local drunk, a cry-baby countess of self-entitlement, a beer can throwing coward, or ubiquitous, omni-present threats of a lawsuit.

07/19/2023 II A Voice From the Gallery

WAKE THE TOWN AND TELL THE PEOPLE

“…Shout it from the highest steeple, ring the bells the whole night…”

There is a lot of crowing local artiste sells artwork to the state of South Dakota. Ms. Paula Fagre, Alcester a piece to the South Dakota Arts Council for the state’s public art collection through the Art for State Building Program. Well there ya go folks! One does not have to look far for the incentive for Ms. Fagre’s ‘piece of work’. The title is, Stillness in the Storm…acrylic and alcohol ink. Ironic isn’t it, alcohol ink?

This artiste likes painting birds, too. She appears to be extremely adept at flinging the bird, flipping the bird while using her alcohol ink. Alcohol ink can be purchased already made or it can be crafted using your favorite brand of alcohol and markers. So one has to assume that she used her favorite brand of alcohol and cut the tips of magic markers,,,H-m-m?

Folks these women and the man-hangers did not just appear on their own, No, I do believe they had a special invitation from FOPAT. Kind-of-like a former president allegedly sent on January 6th of fame to march on a white house or in this case city hall. While the culprets chafed and called out mucas when they were relegated to the hall for executive session discussion of what I have come to understand was the removal of a stain on our community and what would be a simple removal devolved into chaos and threats. A simple reprimand was no longer available, total and complete removal was the curative measure for a long lived infection.

It is time to FIRE Pat and humbly ask Mayor Lukas to stay on as mayor. He has worked hard to understand the workings of city government of a place he calls home. He does his research and acts in the best interests of all citizens. It has come to my attention the madame artiste has been using her alcohol ink to debase and liable our Mayor in social media.

So with that I would humbly ask you contact him and ask him to stay. I would ask the city council to return to the issue of the executive session and remove this blight on our fair city, remove the continuous refusal to follow directives and do her job, so we make a start in rebuilding our fair city’s reputation. It appears she feels she won. We are done with the false 911 calls, we are done with the sexual harassment of employees, we are done with the lies, we are done with our tax moneys moving from one pocket to another, we are done with the never ending fee assessment to offset capping of taxes on our citizenry and we are more than done with FOPAT

NOW IT IS OUR TURN, IT IS TIME WE THE PEOPLE RETRIEVE OUR FAIR CITY FROM THE SHARP JAWS OF GREED, SELF ENTITLEMENT AND A QUEST FOR POWER AND REMOVE HER FROM CITY EMPLOYMENT.

LADIES AND GENTLEMEN OF THE COUNCIL DISMISS FOPAT PERMANENTLY, YOU HAVE THE ABILITY TO SHOW MAYOR LUKAS YOU SUPPORT HIM

12/19/2022 A Voice From the Gallery

The  December 19, 2022, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:01:17.30)  AGENDA ITEM #3 – APPROVE AGENDA  Approved unanimously x 4 aye votes.

(00:02:59.63)  AGENDA ITEM #4 – COMMUNITY DEVELOPMENT  SETH WEILAND  Mr. Weiland made a brief presentation after a couple of questions regarding how far along the council was with a community development plan.

(00:15:19.50)  AGENDA ITEM #5 – PUBLIC INPUT

          (00:15:28.10)  VICKIE LARSEN

          (00:20:40.53)   DAVID LARSEN PUBLIC INPUT

          (00:21:59.47)  DARLA REPPE PUBLIC INPUT – AT LARGE COUNCIL MEMBERS. Folks you do not want this to happen. Already Ward I and Ward II are not fully represented or equally. You do not want the possibility of having someone not from your Ward speaking for you. YOU need to speak, get with the other members of your Ward. Take control of your votes!

          (00:23:37.43)  CYNDI PEEPLES PUBLIC INPUT – Ice machine failure at the bar.

           (00:25:47.53)  MAYOR HAEDER brought up the renaming of Vast to Bluepeak.

(00:27:46.73)  AGENDA ITEM #6 – LEGAL UPDATES CITY ATTORNEY SAM NELSON – ABSENT.    

 (00:28:22.03) AGENDA ITEM #7 –  CHAIRPERSON UPDATES

(00:32:40.77)  AGENDA ITEM #8 – COMMUNITY BLOCK GRANT FUNDING PAPERWORK  (0:33:05.03) RESOLUTION 2022-09 FAIR HOUSING  UNANIMOUS X 4 AYE VOTES  (00:35:17.80) RESOLUTION 2022-10 EQUAL OPPORTUNITY POLICY UNANIMOUS X 4 AYE VOTES  (00:37:17.50)  AUTHORIZE THE RELOCATION, DISPLACEMENT AND ACQUISITION PLAN UNANIMOUS X 4 AYE VOTES.  (00:38:40.17) AUTHORIZATION TO APPROVE CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING  UNANIMOUS X 4 AYE VOTES.  (00:40:45.50)  AUTHORIZATIONTO ALLOW MAYOR HAEDER TO SIGN AN EXCESSIVE FORCE POLICY  UNANIMOUS X 4 AYE VOTES.  (00:43:37.63)  ORDINANCE 2022-11 CODE OF CONDUCT CHAPTER 1:05 TO THE CITY OF ALCESTER ORDINANCES UNANIMOUS X 4 AYE VOTES. The city had to adopt all of these measures to gain grants to fund what…an albatross?

(00:48:39.03)  AGENDA ITEM #9 –  FUND TRANSFERS – Discussion  (00:49:42.37)  Listen to FOPAT defend her actions.  (00:49:59.30) Listen to Mayor Haeder talk to “camera people” demanding they understand his unfathomable and unplumbed analogies.   (00:50:34.50) 

MAYOR HAEDER, THE ONLY PAST ADMINISTRATIONS YOU COULD POSSIBLY KNOW OF ARE THOSE OF YOUR TWO PREDECESSORS GLASS AND JOHNSON WHO WERE AS CLUELESS AS YOU WHEN IT COMES TO SENSIBLE GOVERNANCE OF A MUNICIPALITY!

Folks listen to Mayor Haeder blame you for not understanding his vague grasp of municipal finance.  He blames you for his and FOPAT’s penchant for recklessly spending your tax dollars.  Listen closely.  (00:55:47.37) Mayor Haeder, your explanation of the purpose of an enterprises fund is like skydiving and while you are drifting your way down to earth, ya’ll keep cutting the cords that keep the parachute open and your HOT AIR is just ain’t inflating the reality of that sudden stop that is waiting for you at the end of your descent. (01:04:44.03)  You really did not just go there.  Those two didn’t quit, they could no longer stomach the machinations of FOPAT and you did nothing.  It is on you Mayor Haeder!  (00:01:07:12.13)  MOVING MONEY AROUND FROM ONE ACCOUNT TO ANOTHER.  SAY ISN’T THAT WHAT ‘EASY EDDIE’  DID WHILE CONSPIRING WITH AL CAPONE?

(00:01:14:08.23) AGENDA ITEM #10  – SUPPLEMENTAL APPROPRIATIONS ORDINANCE 2022-08  VOTE  THREE (3) AYE (Reppe, Peeples and VandenHull) VOTES AND ONE (1) NAY (Driesen)

(00:01:15:06.03)   AGENDA ITEM #11  FINANCE OFFICE UPDATES

(00:01:27:48.30) EXECUTIVE SESSION TO DISCUSS SALARIES/PERSONNEL  In Executive session at 7:27 p.m. and out of Executive session at 8:42 p.m.  (00:01:30:40.73)  Mayor Haeder moves on to Agenda Item # 11 (f) Year End Warrants without taking any action or approval of the 2023 salaries.  Agenda Item #11(e)(iv) called to an approval of the salaries but Mayor Haeder failed to call for the approval action.  So I take it through that failure to call the motion to a vote, no salary changes were approved for the employees of the city? What is going on? We only have FOPAT’s word when it comes to the City Attorney’s advice, she is not an attorney. We are expected to take HER word?

(00:01:34:16.03)  AGENDA ITEM #12  – EXECUTIVE SESSION IF NEEDED – NOT NEEDED

(00:01:34:32.23)  AGENDA ITEM #13  – GOLF COURSE/COMMUNITY CENTER.  Motion to hire Jenna Smith as a cook at a wage of $12.00 per hour effective immediately.  Second was made with the motion passing.  Unanimously X 4 aye votes.

(00:01:35:33.60) AGENDA ITEM #14 – ADJOURN  MEETING ADJOURNED AT 8:48 P.M. 

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

09/15/2022 A Voice From the Gallery

“He is a kitchen wench and all grease, and I know not what use to put him to than to make a lamp from him and run from him by his own light.

a bastardization of a William Shakespear quote.

I missed the opening of the meeting, the Pledge of Allegiance and the call for Agenda approval.  The video begins with (00:17.33) the last stage of agenda approval.

(00:25.83) Agenda Item # 4 Approval of the August 1, 2022, and August 17, 2022, meeting minutes.

(00:01:00.07) Agenda Item #5  Public Input

          Brian Johnson – Mr. Johnson asks the Mr. Haeder if he has a copy of the Oath of Office.  Once a copy has been given to Mr. Haeder, Mr. Johnson asks. “…would you please read it for me…” (00:03:20.83)  Mr. Johnson next addresses the Alcester City Attorney Sam Nelson and asks Mr. Nelson to summarize the Sixth Amendment to the U.S. Constitution.  (00:03:30.67)  Mr. Nelson replied, “…Ah I would have to look it up…you know I think you have a right to counsel…”  According to Cornell Law: 

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer,  the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.  It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation. (https://www.law.cornell.edu/constitution/sixth_amendment#:~:text=The%20Sixth%20Amendment%20guarantees%20the,charges%20and%20evidence%20against%20you.)

In anticipation of Alcester City Attorney Sam Nelson’s inevitable response to the semantics of the phrase ‘criminal defendants’ and from my own experience with the Alcester City Council which at the time consisted of :  Mayor Dan Haeder, Councilwoman Darla Reppe, Councilwoman Linda Talbot, Councilwoman Melissa Kay, Councilman David Larsen, Councilman Marcus Ireland and Councilwoman-under-fire Vickie Larsen will have Mr. Nelson note the ‘issue’ of advice of counsel.  Amendment to 6.5.1.3 Right to Confront Adverse Witnesses:  Current Doctrine.  Spells out the right to have assistance of counsel for defense, reliability of trustworthiness, reliability of evidence tested in the crucible of cross examination.  Folks while I missed the meeting, I anticipated the outcome and did some ‘light reading’.

(00:05:33.50)  Mr. Haeder asks, “who was terminated?”  Duh?  Hey Mayor Haeder, where was your head when you folks came out of Executive session at the August 17th Alcester City Council Meeting and “…(1:05:38.60)  Mayor Haeder calls for motion to terminate Clint Nyreen.  Councilman Kyle VandenHull makes the motion to terminate Clint Nyreen for cause, Second came from Councilwoman Darla Reppe.  Councilman Kyle VandenHull, Councilwoman Darla Reppe and Councilwoman Cyndi Peeples all voted unanimously and by roll call to terminate Clint Nyreen effective August 18, 2022 at 8:00 a.m…”  Evidently your ears were filled fecal material!  (00:06:08.70) NOWHaeder states, “…the individual resigned…”

MAYOR HAEDER DEFENDS HIS NON-FEASANCE.  HIS PATHETIC, COWARDLY FAILURE TO DO WHAT THE ALCESTER CITY COUNCIL INSTRUCTED HIM TO DO.  LIAR! 

FOLKS WATCH THE VIDEO 08/17/2022  (1:05:38.60)

(00:06:52.87)  Mayor (?) Haeder states he was instructed to hand out the termination papers at 9:30 A.M.  Nah Mr. Haeder the motion/instruction was “…effective August 18, 2022, at 8:00 am …”   Video 08/17/2022  (1:05:38.60)

WHAT WERE YOU WAITING FOR MR. MAYOR,  MR. LUSK TO COME ON DUTY SO HE COULD DO THE DIS-HONOR FOR YA?

Gordon Richard Input – (00:14:35.87)  Mr. Richard asked for the Statement of Financial Condition of the community center.  (00: 15:11.30) Response from Mayor Haeder, “…I don’t know…”  Mayor Haeder comments about another request for a Statement of Financial Condition of the community center by Mr. Gary McKellips.  Finally Mr. Richards is told by Mayor Haeder and FOPAT he will get a copy of the Statement of Financial Condition of the community center.  Hopefully that night!

Aaron Larsen Input (00:15:50.93)  Mr. Larsen questioned why the Mayor and council did not call for the employee’s side?  (00:17:50.53)  Mr. Larsen asked, “…why did you (mayor and council) fail to allow Mr. Nyreen to defend again the specious allegations put forth in ‘open meeting’ of August 17, 2022, by California Karen who accused one of our councilwomen of being ‘grossly negligent’  and one can assume more specious allegations were delivered by employee-cook-in-training Connor Lusk son of California Karen when he was invited into the Executive Session of August 17, 2022.  (00:17:59.30)  Mayor Haeder attempts to defend his abysmal failure to hear both sides of the allegation.  (00:18:15.37)  Mayor Haeder says, “…enough people involved in the Executive Session conversation…discussed…”  Folks ya gotta hand it to Haeder, fire a guy for an unproven cause while ya only have three (3) council persons present – just barely a quorum.  Those in attendance for the quasi Scopes Monkey Trial were Mayor Haeder, FOPAT (not a council member, just the bookkeeper), Councilwoman Darla Reppe, Councilwoman Cyndi Peeples and recently appointed Councilman Kyle VandenHull, City Attorney Sam Nelson with Councilman Lukas Driesen absent and Councilwoman Linda Talbott’s resignation due to the threats of California Karen and her cohorts still echoing in the ‘council chambers’.  Oh and lest we forget also making his grand entrance into the Executive Session by invitation was cook-in-training bravo-bozo Connor Lusk who has yet to learn what a butt-shark is or a one delta ten tango.  Now we have to wonder why FOPAT was in the session?  She is just the bookkeeper, although she certainly has experience in inappropriate behaviors.  Talk about your Looking allegations.  How many LOOK minutes does it take for a FOPAT to determine Duluth Underwear sizing for inappropriate gifting to employees?  Mayor thought it was funny.  FOPAT was not fired for cause.  How many invitations from FOPAT which carried BYOB to the golf course bar birthday party was the firing line criteria for FOPAT’s violation of state and city liquor law/ordinances.  Where the firing for liquor violation for cause that time?  Or how many computer hard drives did the city purchase from Applied Software.  Oxymoron?  What about the False 911 call?  No talks of firing for false claims.  Why not?  Seems to me some preferential treatment when a legitimate termination should have taken place.

Police Chief Austin Schuller Input – (00:20:14.07)  Apparently FOPAT just couldn’t get her act together to get the Police Department and Chief Schuller on the agenda.  Chief Schuller gave updates on activities occurring within the city. 

FOPAT Input – (00:25:47.03)  States she was contacted by a landlord whose tenant up and left him with the water bill.

(00:29:39.57) Agenda Item #6    Wastewater Treatment Facility Upgrade   Tanya Miller

(00:30:33.97) RE- BID DATE WAS NOT LISTED ON THE AGENDA.  Cannot be considered because FOPAT FAILED to include it on the agenda and the council approved the agenda without a bid-date.  It cannot be acted upon with just a flimsy cover-yer-ass blanket statement which describe nothing but the incompetence of the Alcester Finance Officer!  (00:34:23.07)  Hey mayor time to step aside if yer that tired.  WOW  Mayor wants to cut to the chase…he is tired of the 9:00 p.m., 10:00 p.m. meetings.  Well mayor quit your inane blathering, inform the council proper, hire a Finance Officer who can get the job done correctly and then step aside for someone who knows what they are doing.  (00:45:05.80)  Motion by Councilman VandenHull with second from Councilwoman Reppe to do the Wastewater Facility Upgrade with the various changes.  (00:46:04.33)  Unanimous Aye x 4 vote!

(00:49:18.33) Agenda Item #7  Iowa Street Storm Sewer  NO ACTION

(01:06:46.60) Agenda Item #8  Legal updates  This Agenda Item #8 was relegated to Agenda Item #8B and in its stead Agenda Item #13 was inserted as Agenda Item #8A.  Evidently Sam needed a boredom break ’cause he left the meeting. (01:07:59.17)  Council goes into Executive Session alleged to discuss personnel SDCL 1-25-2.1 at 7:12 P.M.  (01:09:16.60) Council back in open session after Executive session lasting one (1) hour.  (01:09:36.31) Actual legal updates now.  Fairgrounds – Original appraiser could not be used due to concerns of conflict, found a commercial appraiser for $5000.00.  City Attorney Sam Nelson leaves the meeting at 8:17 P.M.

(01:14:03.17) Agenda Item #9  Council Committees Mayor Presentation

(01:14:51.77)  Agenda Item #10 Finance Office

(01:15:54.37) Call for motion and second to pay for AHHS Utilities  $2616.61  Motion by Councilwoman Darla Reppe with second coming from Councilman Kyle VandenHull, no discussion and a unanimous x 4 vote.  (01:16:49.67)  Motion to pay August warrants made by Councilwoman Cyndi Peeples with second coming from Councilman Lukas Driesen, no discussion and a unanimous x 4 vote.  (01:17:27.23) Budget Presentation by FOPAT

(01:59:57.07)  POLICE DEPT CRITIQUE

(02:10:24.53)  2023 APPROPRIATION ORDINANCE FIRST READING

(02:10:33.10)  Motion by Councilman Kyle VandenHull, Second by Councilwoman Cyndi Peeples, no discussion with a unanimous x4 Aye Vote.

(02:10:58.00) 2022-05 SPECIAL MAINTENANCE FEE RESOLUTION

(02:11:35.43)  Motion by Councilman Kyle VandenHull, Second from Councilman Lukas Driesen, no discussion and unanimous Vote x 4.

(02:12:26.00) RESOLUTION 2022-06 ADJUST RATES FOR WASTEWATER DISCHARGE

(02:13:35.13)  Motion from Councilman Lukas Driesen, Second from Councilwoman Darla Reppe with discussion from Councilwoman Peeples for clarification for total cost with a unanimous Vote x4.

(02:21:36.30)  Agenda Item  #11 – NATIONAL PHILANTHROPY DAY

(02:25:10.90)  Agenda Item  #12  – FAIR BOARD UPDATE

(02:27:47.17)  Agenda Item #14  City Employees

(02:28:00.63)  Motion by Councilwoman Darla Reppe to increase the wage of Sam LNU and Conner Lusk by one (1) dollar per hour and retroactive to August 18, 2022, with second coming from Councilman Lukas Driesen.  Amazing how back stabbing your boss ’cause you had to give up your phone and actually work can pay off!  No discussion and a unanimous Vote x4!  Oh and by the way Mr. Lusk had the brass

(02:29:33.60)  Agenda Item #15  Adjourn

(02:29:41.07)  Motion was made by Councilman Kyle VandenHull with the second coming from Councilwoman Cyndi Peeples and with no discussion Vote was unanimous X4.  Adjourned at 9:33 P.M.

Folks you have options to the resolutions, ordinance and other attempts to raise our taxes.  Write up an initiative, get signatures and put it to a city wide vote.  You do have the ability to reverse these addle pated edicts from Mayor Haeder and his hand-maiden FOPat.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

08/01/2022 A Voice From the Gallery

FORWARD

I acknowledge some inadvertent mis-information I shared with the City Council and gallery members during the August 1, 2022, meeting. (1:00:46.97)  I was in error when I made a statement regarding a past contract amount which was signed on the 3rd day of November, 2015 between the City of Alcester and Deem Enterprises and commencing on January 1, 2016 through the last day of December 2016.  In this agreement, “the operator agreed to pay the City the sum of Fourteen Thousand, Four Hundred Dollars ($14,400.00) paying in monthly installments of One Thousand Two Hundred Dollars ($1200.00) per month”  which I mis-stated in last night’s meeting.  I apologize for the mis-statement.  In the years prior to the 2016 contract the Alcester Bar had been pulling in much higher rental fees but unfortunately there was an event which cost the city money and the city had no candidates for the Bar lease and the 2016 lease rent dropped substantially, down to $1200 per month.  Each succeeding year after 2016 the rental income from the bar was stagnant but the expenses continued to grow.  I looked at the 2016 lease before the meeting to refresh and verify the monthly income.  Unfortunately only the $14,400.00 figure stuck in my memory last evening.  I should have realized the $14400. was not accurate as a monthly rate but I did not.  My purpose in raising the issue of rent was to recognise the prospective gain in bar lease rents to the point where the rents were even with the expenses.  I make this statement to correct my error.  I still believe the bar building/premises should be sold into private hands and the city get out of the rental business and get away from competing with our local businesses.

Mayor Dan Haeder called the  August 1, 2022, meeting reciting the Pledge of Allegiance with Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Kyle VanderHull, Alcester City Attorney Sam Nelson and gallery.

Agenda item #3 – (0:0051.70)  Approve the agenda.  An error in the agenda was noted by Councilwoman Linda Talbott under Agenda Item #6 subsect. (b) referencing the term Quick Claim Deed was incorrect.  The correct term is Quit Claim Deed.  Once that correction identified and made, the council approved of the Agenda with the correcting change in place.

Agenda item #4 – (0:02:03.30)  Approve minutes of the July 5 & July 19, 2022 meetings.  Unanimously approved without additions or corrections.

Agenda Item #5 – (0:02:42.17)  Public Input  

          Vickie Larsen (0:02:49.93) presented input on an opinion on the language of the Alcester Bar Lease.  As I noted in my input ‘troubling language” while I did not address specifically in my video remarks, I will note a few of the here: 

          “…ITEM 10-ALTERATIONS, ADDITIONS AND IMPROVEMENTS…All alterations, additions and improvements on or in the demised (fancy legal term for the property the tenant is renting under a lease) premises at the commencement of the term, and any that may be erected or installed during the term of this lease and Operation Agreement, shall become part of the ‘demised premises’ and the sole property of the City.  Operator shall make no alternations, additions and improvements to the described premises without the prior written consent of City…

          VICKIE opinion-Okay so the Operator formally agrees to refer any alternation, addition and improvement plans in advance to the full council of the City of Alcester.  Once said Operator has received formal, written approval by vote of the Alcester City Council, he/she may contract and begin start-of-work of plans which have written approval of the by full  of the City of Alcester.  

ITEM 11-REPAIRS…Operator shall maintain the building premises and any improvements, additions or alterations thereto in a good, safe and substantially condition to the condition existing at the commencement of this Lease and Operating Agreement, and shall use all reasonable precautions to prevent waste, damage or injury to the demised premises.  Operator shall also, at his/her own cost and expense, put, and maintain in thorough repair and in good, safe and substantial order and condition, and free from dirt, snow, ice, rubbish and other obstructions ( you mean the $500.00 garbage cans FOPAT needed?)or encumbrances, the sidewalk areas, gutter and curb in front of and adjacent to the ‘demised premises’…

          VICKIE opinion- By the statement “condition existing at the commencement of this Lease” which is contained within the contract-for-lease, the City of Alcester is indemnifying/guaranteeing conditions within the ‘demined premises’ as being up-to-building code, up-to-health code and safe bar operations code at the time of the effective date and/o date of taking possession by the Lessee/Operator unless any adverse conditions have been made known to the city, identified as needing repair and are on a schedule to be repaired in advance of the possession by the Lessee.

          ITEM 14 – INDEMNITY…The Operator shall indemnify the City against all expenses, liabilities and claims of any kind, including reasonable attorney’s fees, by or on behalf of any person or entity arising out of either (1) a failure by Operator to perform any of the terms of this lease and agreement, (2) any injury or damage happening on or about the ‘demised premises’, (3) failure to comply with any law of any governmental authority (4) any mechanic’s lien or security interest filed against the ‘demised premises’ for equipment, materials or alternations of buildings or improvements thereon, contracted for by the Operator, or (5) losses sustained by any person as a result of the operation of Video Lottery within the ‘demised premises’…

          VICKIE opinion – By this indemnification statement’s insertion into the contract the City wants the Operator-alone to stand responsible for, “…all expenses, liabilities and claims of any kind …”  Even though the City is dictating all terms and conditions which affect most forms of liability.  The City formally approves all improvements, additions and alterations as well as the City dictates the Operator and his/her employees meet the ‘good character’ requirements of SDCL 35-2-6.2.  The City stands as Governance and Final decision maker with that said it is my opinion it(the City) is the Cheese who stands alone before the judge and jury of any legal actions.

          VICKIE opinion – The statement regarding, “…losses sustained by any person as a result of the operation of Video Lottery within the ‘demised premises’…”  In this context it appears the City wants the Operator to stand liable for any losses an incautious gambler may incur by and through Video Lottery from gambling with money he/she does not have to lose, losses he/she may incur due to a program glitch/incursion, to being assaulted for a winning ticket.  All of which the Operator has no hand in choices another person makes of their own free will, conditions beyond the Operator’s reasonable control and the actions of another actor’s choices.

          Vickie Larsen (0:04:03.77) presented an opinion on the Authorization of City of Alcester Credit Card with the limits per department as follows:  Finance Office – FO Jurrens $1000, Police Dept. – Chief Austin Schuller $1000, Street Dept.- Lonnie Johnson $1000, Water/Wastewater Dept. – Dale Pearson $1000, Finance Office – Assistant Abigail Moore $500, Police Dept. – Officer Grayson Cannon-Lass $500, and Library – Librarian Paige German $500.  It is to be noted here contrary to a past event, if the card holder exceeds his/her assigned limit on his/her City of Alcester Credit Card it is not permissible to place any overage charges on one of the other Alcester City Department Credit Cards.  This got my attention when I was leafing my way through duly appropriated FOIA records.  With that said, perhaps the next audit should be a Forensic Audit and records disappear as did the January text messages of the U.S. Secret Service.

          Councilwoman Darla Reppe and Councilwoman Linda Talbott (0:05:31.10) participated in sharing concerns of their Ward members during Public Input. Public Input has become a wonderful venue in which Alcester City Council members are able to share the concerns of their Ward residents with the council, the mayor and the rest of the city.  Having the Council members voice their concerns and those of their constituents allow the residents of Alcester hear their voices have been heard and not have to wonder when they call Mayor Haeder about an issue and hear a recorded voice tell them to leave a message at the tone where the mayor has the ability with the help of his APP. to erase, ignore or block any resident he chooses not to be on his call list.

          Additionally Mayor Haeder you DO NOT tell OUR city council representatives what to do, who to listen to and how to vote.  Mayor Haeder how dare you presume to voice a veiled criticism of Councilwoman Reppe and Councilwoman Talbott because they shared during Public Input when you asked (0:07:02.92) “…was that complaint considered public input…?”  Or  (0:07:15.13) when you asked, “…if somebody comes into the Finance Office to file a written complaint, is that considered public input?…”  I disagree with Counselor Nelson in his answer to Mayor Haeder. While I understand the semantics Mr. Nelson is alluding to, by simple definition public input is the opportunity for citizens to provide information, facts, data, figures, and opinions respecting an issue before a governing entity. A correction here and make no mistake this is not a veiled criticism Mayor Haeder, it is an in-your-face criticism! IT IS THE OFFICE OF THE CITY OF ALCESTER!  Which just happens to house the finance office, city files, site of city council meetings and on occasion fulfills the honor of voting precinct.  With that correction on the record, I would also voice a complaint relating to the so-called finance office.  If a resident actually goes to City Hall to lodge a complaint or request agenda placement, depending who they are they are advised by FOPAT/Mayor (at least in my case and as I understand it others have experienced the advice from FOPAT/Mayor) to do Public Input.  Where you may or may not be granted time to speak.  In fact in my case during one of my inputs, the Mayor repeated several times NEXT!

So Yeah Mayor the council is allowed to participate in Public Input, after all they are members of the Public and it is their duty to speak for their Constituents, too!

Agenda Item #6 – (0:08:03.33)   Legal Updates 505 Ofstad

          Update- City Attorney Sam Nelson gave an summary of actions on the 505 Ofstad Property.

          Quit Claim Deed Motion Parcel 01.03.01.1025  This is an adverse action to pass a real property from one person to another or one entity to another entity without a guarantee of ownership.  For example I could, if I wanted to live dangerously, issue a quit claim deed to the Albatross on Sixth street stating for a consideration I would give up all my interests in the building, outbuilding and real property at, I would not be liable for any defects in the title nor would I be liable for any damages for any defects.

          The council voted to accept the issuance of a Quit Claim Deed on the 505 Ofstad Property.  Once the City has the Quit Claim Deed, the intent is to sell the property to recover collection, demolition costs and legal costs of the property transfer.  Question was this the most recent form of the South Dakota Quit Claim Deed?

          Acceptance of Bid of demolition.  The council voted to award the demolition of 505 Ofstad to Bidder Scott Persing Excavation for $12000.00  time frame of 08/08/2022-08/12/2022.  Council voted unanimously.

Agenda Item #7  – (0:22:14.03) Legal Updates 307 Iowa

No Action taken, waiting for updates.  (0:22:19.13)  At this point we can hear FOPAT yapping and asking questions of City Attorney Nelson. 

FOPAT HAS NOT BEEN RECOGNIZED by Mayor Header and there has been no agenda item called, SO why the devil is she asking questions out-of-order, without any standing and acting like a councilmember?             

 Agenda Item #8 – (0:30:17.80)  Alcester Bar Bid Opening   6:30 P.M.  Mayor Haeder made a production of opening the bids for the lease of the property called the Alcester Bar.  Lease document can be found on the city website.

(0:31:17.07)  Augustine LaFramboise #1  $1520.00 per month initially rent to purchase but became rent for the time being.

(0:34:35.27)  Rick & Laura Walleen #2  $1405.00 per month rent

(0:38:56.70)  Melissa Koenan #3  $1413.00 per month rent

 Alcester Bar Lease was awarded to Augustine LaFramboise by unanimous vote.

 Agenda Item #9 – (1:01:38.50) Public Hearing 7:00 P.M.  Representatives from Alcester Quik Stop and Total Stop Grocery were present for the public hearing.  Off sale Liquor License awarded to Total Stop Grocery by unanimous vote.

 Agenda Item #10 – (1:10:56.10)  Police Dept – Chief Schuller Update

Executive Session  SDCL 1-25-2.1 (1:22:34.67)  Personnel

in session at 7:23 P.M.  out session at 7:55 P.M.

Hire:  Lisa Schenzel Part-time  $17.75 per hour.  vote unanimous

 Agenda Item #11 – (0:25:21.07)  Golf Course/Community Center Updates

Motion to Hire was inserted into the agenda item but no hire imminent. 

Agenda Item #12 –  (0:23:33.20) DANR Award Certificates  Mayor Haeder announces a DANR certification and award for water quality and etc.

Agenda Item #13 – (1:30:04.90)  Finance Office

(1:36:28.57)  Budget meeting set for 08/09/2022 at 6:00 P.M

(1:36:58.63)  Approve July Warrants Approved unanimously

(1:37:32.40)  City of Alcester Credit Card limit approval  Note:  FOPAT announced that Wanda will be done sometime in August and upon her leaving the City of Alcester Credit Card in her name will be destroyed.  Approved unanimously

(1:39:04.00)  Removal of Wanda Halverson from the city bank accounts and addition of Abigail Moore to the account along with Dan Haeder, Patricia Jurrens Lukas Driesen and Linda Talbott.  Approve unanimously.

(1:40:40.50)  Change of meeting date of September 5, 2022, to September 6, 2022, at 6:00 P.M. due to Labor Day Holiday.  Unanimous vote aye.

(1:42:09.87)  Incident at pool, behavioral issue.  Punitive measures were taken.  An official complaint was made.

 Agenda Item #14 – (0:26:18.40)  HRC Update  Announcement of HRC tenant moving out as of August 11,2022, and the open unit will be offered for sale.  Mayor gave report.

Agenda Item #15   Executive Session –  NOT NEEDED

Agenda Item #16  (1:47:51.83) Adjourn

Let your City Council Know!

Contact City Council

Mayor Dan Haeder                             605-934-2287     

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples                    605-934-2096

Councilman Lukas Driesen              605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

07/19/2022 A Voice From the Gallery

The  July 19, 2022, meeting was called to order by Council President Lukas Driesen with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Kyle VanderHull and Alcester City Attorney Sam Nelson. Absent Mayor Haeder.

Agenda item #3 – (0:00:41.83)  Approve the agenda.

Agenda item #4 – (0:01:15.53)  Public Input

          Vickie Larsen –

          (0:01:23.60)  When did the council get their agenda?Monday evening before the Tuesday council meeting.  Why is that?  FOPAT too busy measuring laps for napkins?  Too busy giving interviews with Kelo about the drought and rainfall? Just too busy to get the agenda to the council so they could independently research the agenda items in advance, so the council would have to rely on her input on each agenda item? 

          (0:01:35.50) FOPAT FAILED to post change of meeting on the website.  Evidently still too busy to do the job for which she was hired!

          (0:01:43.43) BAR BID City needs to sell the bar, get rid of the money pit.

          (0:0154.93)  TOO much council time is spent on hiring for the community center, hand that over to the manager. (and I do not mean FOPAT)  Too much council time is spent on interviews and subsequent executive sessions.

          (0:02:32.37) DISCRETIONARY TAX ORDINANCE 2022-03 This should have been published on the website so the public could read for themselves the language of this discretionary tax formula.  I read the thing and found some questionable language.  I questioned one of the citations within Ordinance 2022-03, SDCL 10-06-140 which was set forth and then repealed (source sl 2020, ch 39, § 15 eff. June 30, 2025; SL 2021, ch 44, §44.) in essence a pre-repeal of the thing which City Attorney Sam Nelson explained.  However when I was re-reading the document for writing this blog I noticed some other failures on the part of FOPAT Jurrens.  The first copy provided to the council was numbered incorrectly and had to be corrected, instead of Ordinance 22-03 it should have been Ordinance 2022-03.  This is a regular happening, FOPAT presents a legal document to the council without proofreading the thing.  Geesh how sloppy can you get?  Well I do have an answer to that.  In that same legal document where it says, “…BE IT ORDAINED by the Alcester City Council that Chapter 10.03 of the Revised Municipal Ordinances, City of Alcester (2018) amended to read as follows…” Folks the Ordinances published on the city website are the 2014 Municipal Ordinances.    

Pat Kast, Alcester Fire Department (0:09:10.10)  Mr. Kast requested a key to the Alcester Community Center to keep in the possession of the Alcester Fire Department in case the Fire Department needed afterhours access to the Alcester Community Center in the event of a Fire Call.  Mr. Kast explained during council session access keys were kept in the truck for the emergency access use, but since that statement Mr. Kast has advised me that access keys are no longer stored in the truck for security reasons.  Mr. Kast also mentioned accessibility for the movement of the fire trucks in the event of a fire emergency.

          Councilwoman Darla Reppe (0:13:43.00)  Councilwoman Reppe discussed the swimming pool, the low (short) pool hours of operations, behavior issues with some boys (if this continues the police will be called), a cemetery stone needs to be moved, liquor store bathroom floor repair, with a notation that the video gaming computer, the televisions, pizza ovens and the bar glasses, etc. are personal property of Deems. In addition the inventory of the bar according to the contract will be purchased by the city.  This has been a past practice and generally has been included in the lease contract.

          Councilwoman Linda Talbott (0:18:20.13)  Councilwoman Talbott spoke to the POS program finally at the Community Center and in use.  Gotta wonder why FOPAT delayed that program so long?  Councilwoman Talbott asked about the status of Direct Deposit and FOPAT’s answer (0:18:33.77)  “…uhm, I have not…”  So FOPAT what is the problem?  You’ve been dragging your heels, so apparently you do not have the knowledge, smarts or skill to implement that program??   Come on Mayor Haeder cannot seem to fulfill his job signing the checks or attending meetings.  Why should the employees have to wait for or have their paychecks delayed ’cause the Mayor and the FO cannot get their jobs done on time.  If Mayor Haeder cannot do his job, he should step aside and let someone else take over the duties he is shirking!  As for FOPAT you take your orders from the council and they have directed you to set up employee direct deposit, it is not your call madam bookkeeper.  I am sure there are well qualified accounting students looking for a job and are willing to work!  (0:18:57.03)  Councilwoman Talbott relates she has been approached by several folks whose requests for agenda placement have been denied.  Listen to FOPAT’s response (0:19:04.80), “…I’ve never done that…”  Councilwoman Talbott continues on, “…Well I have had complaints from different people…”  (0:19:13.37)  Warranty work on the community building’s —big cracks.  FOPAT says she is, “…staying on top of that…”  I’ll just sit back and let that remark ‘sink’ in.  (0:19:56.77) Councilwoman Talbott remarked she had received complaints the new council meeting date was not updated on the city website. (0:20:26.33)  Get a load of the great, depth of compassion FOPAT’s answer to the fact Candice worked all weekend.  FOPAT answer, “…by her (Candice’) choice…”   (0:20:40.33)  Councilwoman Talbott replied Candice worked all weekend, that they needed her and she put in a lot of hours for nothing.  Councilwoman Talbott used the word Nepotism but the fact is the City Council interviews all prospective employees and makes the decision to hire.  Candice is not related to any council members that I am aware of, therefore nepotism does not come into the equation.  (0:21:27.73) The unidentified speaker commenting on the golf course signage was Carmen Kast. I apologise for not identifying her on the video.

          Councilman Lukas Driesen (0:22:44.90)  Received complaints about golf course sprinkler repair, contaminated clippings around newly planted trees and FCS Dust Control issue on Broad Street.

          Agenda Item #5 – (0:24:16.77)  Wastewater Facility Upgrade – What is behind Door $1.8 Million shortfall?  This was an extended discussion of the Short Fall in funds for the Facility Upgrade.  Listen carefully to the discussion which concerns all residents of Alcester and unfortunately some more than others.  Last meeting the council was presented with choices for the Wastewater Facility Upgrade, Spend a boat load of money with a ghastly shortfall of funding and go broke, rebid the project taking the chance it will be cheaper and the economy will not have gone to Hades in a hand basket and put the accompanying collection system on hold for five years (redo of the infrastructure of new pipes on the West side of town or lose what little funding we have, still have nothing for the future.  What a choice.  Since around 2012 our city’s spending habits have been frivolous and wasteful and now, here we sit.  Our council is faced with an untenable situation.

Agenda item #6 – (1:06:09.3)  Police Department  

          Monthly recap and introduction of SRO proposal and work with the school.  Again listen carefully to the need for an additional officer.

Agenda Item #7 – Legal Updates (1:25:37.13) 

          Executive session SDCL  l-25-2.3  No action taken

          In executive session at 7:31 p.m

          Out of executive session at 7:40 p.m.

Agenda Item #8  – (1:33:17.57) Ordinance 2022-03 Discretionary Taxation

Folks the Ordinances published on the city website are the 2014 Municipal Ordinances.  There is no Revised Municipal Ordinances, City of Alcester (2018)  There is however 2018 Revised Alcester Zoning Ordinances but chapter 10.03 deals with fences.  So which is it?  Is it just laziness on the part of  FOPAT or just half-assed-ness?   The council voted using this document as their guide for their vote.  However the document has a glaring error in it and so would appear not to be a valid document.  Now the council must repair this error and spend council time fixing FOPAT’s blunder.

Agenda Item #9 – (1:34:03.07)  Covid Guidelines language change  Approved unanimously

Agenda Item #10 – (1:36:00.97) Chairperson Updates

 Agenda Item #11 – (1:43:40.47)  Golf Course  Once again hiring.

 Agenda Item #12 – (1:45:01.33)  Finance Office Updates  August meeting date change ’cause FOPAT wants to attend a book study so the city must stop what it is doing and change dates?  Second August meeting moved to August 16, 2022, at 6:00 p.m.

Public hearing scheduled for August 1, 2022, at 7:00 p.m.

July 5th meeting rerun (1:05:45.43)  The city cannot give preferential licensure to their lessee.  Two entities have already applied and if the city has two licenses both the Quickstop and the Total Stop must be awarded the license because they complied with the rules.  Mayor Haeder opines about competition (1:12:33.37)

Bar bid opening 6:30 P.M. July 16, 2022.

Off-sale Liquor License hearing  7:00 P.M. July 16, 2022

 Agenda Item #13 –  (1:48:26.07) HRC Update

Agenda Item #14 – (1:48:487.97)  Union County Fair

Agenda Item #15 – (1:50:57.37)  Executive Session if needed  Not needed.

Agenda Item #16  –  Adjourn  7:58 P.M.

Some concluding remarks.

          I would like to return to FOPAT’s response to Councilwoman Linda Talbott’s report of complaints about Alcester City Finance Officer refusing them agenda placement (0:19:04.80), “…I’ve never done that…”  I would like to respond to that denial with a childhood response, Liar, Liar Pants on fire.  I myself have requested agenda placement, I have been refused by FOPAT and told to bring it up in public input where the time is limited and no action to be taken.  You see folks if an issue or complaint makes it on to the agenda, it would have more standing that just complaining during public input.  If the issue is on the agenda, the council can the address the issue and act on it at the meeting if they so choose.

          I would also like to address the problem of hearing during council meetings.  There have been too many times recently where the council is failing to speak up so that the gallery can hear.  I have mentioned this a couple of times, but last night’s meeting was particularly bad.  Two gentlemen in the gallery with me could not hear and told me they could not hear anything.  This is why you hear me raise my voice and ask the council to speak up in the video.  I suggest at least two microphones be purchased and placed within the council room so those individuals who absolutely could not hear what was being said.  Place those microphones on the tables between the council members so all can hear. 

          I would also repeat my stance if the mayor cannot or will not fulfill his duties as mayor, step aside and make room for someone who will execute the duties of the office of Mayor. 

Let the City Council Know!

Contact City Council

Mayor Dan Haeder                             605-934-2287     

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples          605-934-2096

Councilman Lukas Driesen              605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

06/06/2022 A Voice From the Gallery

“I just think we need more accountability and more transparency…”  

John Thune

H-m-m-m

“Remember upon the conduct of each depends the fate of all…”         

Alexander the Great

          The  June 6, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – (01:20.43)  Approve the agenda.

          Agenda item #4 – (01:51.60)  Approve minutes of the May 2 and May 16th meetings

          Agenda Item #5 – (02:29.37)  Ward II Council Vacancies – The Council was introduced to Mr. Kyle Vanderhall resident of Ward II who appeared to be considered for one of the Ward II vacancies.  Mr. Vanderhall was not a registered voter within the city of Alcester, but was interviewed in Executive Session in by the Council and of course our pseudo-council member FOPAT.  (04:26.80)  listen to Mayor Header’s explain of Executive Session and secrecy to Mr. Vanderhall.  (07:47.27) Now folks the council went into Executive Session for SDCL 1-25-2.1 Personnel.

 SDCL 1-25-2.1  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.” 

Note*  While the council is held to non-disclosure of all elements of the Executive Session discussions, all actions arising from decisions must be taken in open session.  It is my information the interviewee if free to disclose what information he/she shared with the council as he/she chooses.

          Agenda item #6 – (08:05.63)  Public Input

                    Vickie Larsen – (08:13.03)  Comments:

                   Alcester Bar Lease versus Sale   (08:26.26)          

                   Water bills                                   (09:05.00)        

                   Council working as janitors      (10:43.97)

                   Councilwoman Reppe  (11:45.40)  Comments:

                     Event center restaurant heat (fried wires?)       (12:00.53)

                     Parking Issues                                                   (14:00.00)

                     Cell phone abuse                                               (14:40.53)

                     Deeds to cemetery plots                                    (15:24.97)

                     P.O.S. System (point of sale)                            (15:29.10)

                     Alcohol on Golf Course BYOB                        (15:46.77) 

          This discussion gets interesting due to past behaviors.  Take special note of Mayor Haeder’s comments on stealing from the city: (17:59.93), “…you bring your own alcohol, you’re, you’re stealing from the city…”  So Mayor Haeder, where was your moral outrage October 26, 2019, mid-November 2019 during the BYOB birthday bash held at the Golf Course by FOPAT?  At that time you were a seated Alcester City Councilman, what was your definition of stealing or better yet embezzlement by a city employee?  At that point Sir you had access to Alcester Ordinance 4.0304 Operating Agreements, Alcester Ordinance 4.0308 Possession of Alcoholic Beverages, and 4.0313 Penalties, so you knew an employee stole/embezzled from the city of Alcester, unless you are a complete and utter dolt.  When you saw the Circuit Court filings –  State of South Dakota v. Patricia Rose Jurrens pursuant to SDCL 35-1-5.6 just how did YOU respond or did you even respond?  I saw no evidence the council took any action to suspend FOPAT from her duties without pay or to fire her sorry behind.  Were you really taken in with the, “…I didn’t know it was a violation, whine…”?  Come on Mayor Haeder,  Finance Officer Jurrens was in charge of the licensing procedures and knew full well the terms and conditions of alcohol licensure and she certainly had ready access to Alcester City Attorney Sam Nelson for city legal advice.  As a seated Alcester City Councilman Mr. Haeder YOU had access to legal advice for the protection of the city of Alcester.

          Councilwoman Linda Talbot  (18:22.80) Comments

           Janitorial costs and job  $1700.00 per month to clean the Albatross.

           (23:08.17) Dress Code at the Albatross  (31:26.43) Really?  Simple-elegant described as tasteful richness of design or ornamentation the sumptuous elegance of the furnishings…plastic tables…run-of-the-mill banquet chairs, Logo T-shirts, shorts, Capri’s with money aprons speak to car-hop elegance in wait staff.  Yeah right.

          Agenda Item #7 – Legal Update  (35:02.13)  Executive Session SDCL 1-25-2.3  6:54 p.m. to 7:32 p.m.  (37:46.43) Action taken upon exit from Executive Session to authorize settlement negotiations and settlement at the amount requested by legal counsel.  Unanimously approved  (38:43.30)  Action taken upon council exit from Executive Session authorizing city response to litigation initiated by FCS to quiet Title.

          Agenda Item # 8 – (39:40.03)  Police Department Chief Schuller

          Agenda Item #9 – (44:24.80)  Alcester Bar – Notice to Bidders        

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed regarding the previous repair issues.  The city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.  (47:27.53)  Discussion followed what the council would do if they decided to sell the building.  Mayor Haeder remarked about an interest in leasing the Bar building.  Unclear whether the interest was to operate the property as a bar or not. 

          I would suggest to the interested party to make some sort of rent-to-purchase offer for one year.  Test the market of bar operation with payments and property maintenance expenses over the twelve month period.  Upon the termination of the lease, rent would be either applied to the agreed upon purchase price commensurate with the upfront appraisal prior to lease or the rent would be applied.  Upon rejection of exercise to purchase, the city would review the nature of and monetary expenditure amounts making the decision to follow through on the sale of the property and declare the bar surplus.

          (55:41.83)  The City needs to make the decision to SPEND or END OWNERSHIP of properties.  (57:43.50)  Issue TABLED

Let the City Council Know!

          Agenda Item #10 – Liquor Licenses  (57:53.20)  Two entities expressed interest through applications in obtaining the Off-Sale Liquor Licenses.  JKVB, LLC doing business as Alcester Quickstop and Alcester Groceries doing business as Total Stop Food Store.   (58:40.53)  Public hearing scheduled for July 18, 2022, at 7:00 P.M.

          Agenda Item #11 – Fairground/FCS Update (59:47.27)  No update

          Agenda Item #12 – Budget Blinds (1:00:15.53)  Authorization to purchase blinds for the community building at a cost of $2240.80 to be taken from the Golf Fund.  City derives NO city sales tax ’cause it is benefiting from city ownership.

          Agenda Item #13 – Resolution 2022-02 (1:02:26.93)  Resolution 2022-02 giving approval to certain sewer facility improvements;  giving approval to the issuance and sale of Revenue Bond to finance, directly or indirectly, the improvements to the facilities; approving the form of the Loan Agreement and Revenue Bond and pledging project revenues and collateral to secure the payment of the Revenue Bond; and creating special funds and accounts for the administration of funds for operation of the system and retirement of the Revenue Bond and providing for a segregated special charge for the payment of bonds.  It is important to note the implications of what I have italicized.

Council approved unanimously without discussion.

          Agenda Item #14 – Golf Course  (1:04:57.07)  Declare Wire Patio Furniture from the Golf Course as surplus, sell and donate proceeds to the Alcester Care and Rehab Center.   Council voted to unanimously declare the furniture as surplus and donate any proceeds from the sale to the Care Center.

          Motion to Hire Lincoln Burke as server at a rate of $7.00 per hour.  Vote was unanimous to hire.

          Agenda Item #15 – Finance Office (1:09:10.50) 

          (1:12:37.55)  Due to lack of quorum the council decided to cancel the June 20, 2022, regular meeting of the Alcester City Council.

          (1:13:57.23)   Apparently FOPAT has taken it upon herself as city expansion/developer suggesting two options in which the city of Alcester may expand its borders.  One I believe to be the property described as containing approximately 72 acres under the ownership of the Alcester Industrial Park Inc.  This option would create a problem for the City Owned Perpetual Care Cemetery, Pleasant Hill.  Perpetual care involves a fund created specifically to maintain cemetery grounds, mausoleums, crypts, and any other aspects of a cemetery and where a percentage of the sale price goes towards the perpetual fund.  Now folks the important thing here is to actually have perpetual available land to sell plots. If the land to the north of the cemetery is sold into residential development that leaves the corn field to the east as the sole perpetual source of burial plots. 

          The second option is the hayfield south of Anderson Street containing some 16-17 acres with a train track traversing the southern edge and with a water run-off from Lee Drive and a natural creek running in the East border.  Oh and lest we forget the topography of a hill and lowland, sans street and the accoutrements of civilized living such as sewer, water and electrical.

          Choices-Choices

          Agenda Item #16  –  HRC  (1:21:52.37)  No significant report

          Agenda Item #17  – Union County Fair  (1:23:25.77)  No report

          Agenda Item #18 – Executive Session SDCL 1-25-2.1 Personnel     (1:25:02.57)

          Into Executive Session at 8:20 P.M.

          Out of Executive Session at 9:12 P.M.  Duration of 52 minutes of discussing personnel with FOPAT and City Attorney Sam in attendance with the council.  M-m-m!

          Agenda Item #19  Adjourn (1:25:47.00)  Meeting Adjourned at 9:13 P.M.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel            Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey         Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer             Kevin.Joffer@unioncountysd.org

05/16/2022 A View From the Gallery

Education is not the learning of facts but the TRAINING of the mind to THINK

Albert Einstein

          The  May 16, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – Approve the agenda.

          Agenda item #4 – Ward II council seat vacancies – no takers.

          Agenda item #5 – Public Input

                   Vickie Larsen – I spoke to the Mayor Haeder resistance to Direct Deposit for his employees.  Instead he continues to shirk his duty as mayor to sign checks and cause delays in employees being paid.  Mayor, if you cannot fulfill your duties as mayor, step aside ‘butter-cup’ and let someone DO the job and not wait for FOPAT tell you what to do.  I ‘pontificated’ on the need to dump excess baggage of the Code Enforcement albatross.  Common sense tells us we have property nuisances, Property Maintenance Guides and statute define what constitutes a nuisance, and if we must put some legal muscle into fulfilling the property maintenance ordinances we most assuredly have an attorney who can handle the ins and outs of the legal process with Alcester City Attorney Sam.  Why do we need to spend $25.00 per hour to interpret common sense, a yea-sayer who writes up nuisances described to him by FOPAT and we have a self-proclaimed ‘expert’ (definition ‘ex’=unknown quantity and ‘spurt’ = drip under water pressure. So Mr. Fillingsness does come into Alcester charging $25.00 per hour after hour for the same nuisance (one could say a FO) which exerts her opinion (an unknown quantity of  FOPressure to do her take on the nuisance.)  H-m-m.

                   James Bolin (r) introduced himself as a returning senate candidate South Dakota District 16.

                   Richard Vasgaard (r) introduced himself as a returning candidate for representative South Dakota District 16.

                   Councilwoman Darla Reppe spoke to complains Mike Burke’s captive too-tall grass behind his fence.

                   Councilwoman Linda Talbott spoke to complaints of cats, rats and raccoons.

          Agenda Item #6 – Alcester Bar.  Theresa Deem lessee, presented her ninety (90) day notice of termination of her lease with the city for the bar building stating, “…she has had it…”  She presented the notice in person and in the form of a written statement dated May 16, 2022, and with the termination and vacation of the city property on August 15, 2022.  Mayor Haeder waxed poetic about Captains of Industry, yet it was his call to set the city up in competition to the Deems business at the Alcester Bar. 

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed and the city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.

Let the City Council Know!

          Agenda Item #7 – Community Center Update  Clint Nyreen

          Agenda Item #8 – Golf Course Hire David Larsen as Clubhouse  Attendant and Greens keeper.  Now this could get entertaining.  Now that Mr. Larsen no longer carries the power of Councilman, how do you ‘spose he is going to tolerate orders from Landon and FOPAT.  Is it too late to put cameras in the clubhouse for instant replay?  Mr. Larsen was hired at $13.50 per hour.

          Agenda Item #9 – Legal Updates – Sam

          Agenda Item #10 – Executive Session to discuss issues under the guise of SDCL 1-25-2.1 (Personnel) and SDCL 1-25-2.3 (Legal consultation).  Session started at 6:39 p.m. and ended at 7:53 p.m.

          One must assume this session dealt with the condemnation as well as the upcoming meetings with FCS, Jerry Miller, Union County Commissions dealing with the sale of properties to FCS.  One has to wonder what piddly amount FCS is going to offer for the land?

          Agenda Item #11 – Fairground discussion  Authorize Alcester Attorney Sam to appraise city property – not to exceed $7500.00.  Approved unanimously.

          Agenda Item #12 – Affordable Housing

          Agenda Item #13 – Wastewater Tanya

          Agenda Item #14 – Street Repair Vote to allow yet another rental of equipment to chew up the streets and make them flat again.  $1800.00 for one month rental approved unanimously.

          Agenda Item #15 – Plat map Joint Meeting of the City Council and the City Council acting as Planning and Zoning Committee to recommend and receive recommendation from the same four council members regarding the plat containing what is referred to as the four-plex on Lee Drive. ( Lots 8 thru 11, Block 8, Numsen Addition)  Motions were approved unanimously on this issue.

          Agenda Item #16 – Chairperson updates (busy work for the council members, like they have not had their duties increased already)

          Agenda Item #17 – Golf Course/Albatross  Addition of two greens-keepers above David Larsen, and the Addition of three clubhouse attendants.  Wages ranging from $11.00 per hour to $13.50 per hour.  Approved unanimously.

          Agenda Item #18 – Finance Office Updates

          Hire of Abigail Moore to the aide to the finance Officer.  So now we have Moore or FOPAT’less’ in the city offices.  Council Approved unanimously Moore at $14.50 per hour.

 Addition of a Library Board member at the termination of David Larsen. Councilmember Cyndi Peeples volunteered for the post and was accepted 3 ayes with one abstention declared by Councilwoman Peeples.

          Agenda Item #19  HRC Update

          Agenda Item #20  County Fair Update None

          Agenda Item # 21 – Executive Session  not needed

          Agenda Item #22 – Adjourn  Meeting adjourned 8:53 P.M.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples            605-934-2096

Councilman Lukas Driesen                 605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

05/02/2022 A Voice From the Gallery

The only true free-thinker is he whose intellect is as much free from the future as from the past. He cares as little for what will be as for what has been; he cares only for what ought to be. And for my present purpose I specially insist on this abstract independence.

– Author: G.K. Chesterton

The  May 2, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen.  Alcester City Attorney Sam Nelson absent.

Agenda Item #3 – (00:44.70) Approve agenda unanimous vote upon the removal of new council agenda item #10-plat map approval.

Agenda Item #4 – (02:07.27) Approve minutes of the 04/04/2022 and 04/18/2022 council meetings

Agenda Item #5 – (02:57.50)  Approve warrants.  What time period?

Agenda Item #6 – (03:33.13) Adjourn old council.

                              (07:06.93) David Larsen leaves at 6:07 p.m.

******************************************************************

New Council Agenda Item #1 – (08:12.03) New council called to order at 6:08 p.m.

New Council Agenda Item #2 – Oaths of Office

(09:46.50) Oath of Office administered to Councilwoman Darla Reppe-2 year term

(10:39.43) Oath of Office administered to Councilwoman Linda Talbott-3 year term

(11:44.43) Oath of Office administered to Councilman Lukas Driesen-3 year term

New Council Agenda Item #3 (12:54.53)  2022 Council Committee assignments.

New Council Agenda Item #4  (14:53.83) Ward II vacancies – 2 seats Awe no one wants a FOPAT on their back!

New Council Agenda Item #5 (15:36.07)  Election of Council President and Council Vice President.  So begins the DO-OVER goat rodeo of parliamentary procedures. (00:16:13.97)  Mayor Haeder announces, “…there will come a time…when I will not be here at 12:30 ANY Monday…ever…” 

IS THE MAYOR SAYING HE CANNOT/WILL NOT FULFILL HIS DUTIES AS MAYOR?

(00:17:40.80) Nomination of Lukas Driesen as President of the Alcester City Council and (00:18:51.17) nomination of Linda Talbott as Vice President of the Alcester City Council.  At (00:20:23.27) we need a DO-OVER ’cause according to FOPAT, Councilman Lukas and Councilwoman Linda respectively should have abstained from voting for themselves.  Where is Sam?  Did he not get the invitation?

New Council Agenda Item #6 – Bank Account Signers- (00:22:49.73)  Mayor Haeder calls, (00:23:07.63) “…motion to remove David Larsen from all city bank accounts at Premier Bank and add (a) and add (b)…in one fell swoop…but we can do it all…”  (00:23:34.50) FOPAT tells the Mayor,“… in your motion I would have uh indicate Wanda and myself (FOPAT) that way the bank…when they get the minutes…they know exactly who we all have on the account…”  (00:25:06.87)  Improper procedure—-DO OVER…AGAIN OH-OH another oopsy-doodle.  Where oh where has our Sammy gone.  Once again Mayor is grossly ignorant of procedure.  To abstain or not to abstain and now we have to negate the motion by letting it die from inaction.  Proper or improper parliamentary procedure to advise the council.

New Council Agenda Item #7 – Public Input  (00:29:59.90)

New Council Agenda Item #8  – Legal Updates (00:31:57.33)

New Council Agenda Item #9 – Police Update and Police Procedure Policy action.

New Council Agenda Item #10 – Deleted  will be dealt with at a later date.

New Council Agenda Item #11 – (00:56:26.40) Alcester Fairgrounds  Alcester Fairgrounds.  Alcester has no fair.  Union County has a Fair.  In the discussion of the Union County Fair,  (00:58:17.03) it was reported that CEO McDaniel suggested during the April 27, 2022, (closed to the public meeting) with select Union County Commissioners, select Alcester City Council members along with Fair Board members, “…get private donations, fund-raise to build new fairgrounds from citizens after the sale of the current fairground lands to FCS…”  Folks, I attempted to attend this meeting and was told I could not attend.  In addition reporter Gordon Richard was turned away at the door.  Commissioner Joffer indicated the commissioners wanted full transparency.  From the reports of discussion I heard during last evening’s council meeting, I see no transparency what-so-ever.  (00:58:17.03)  Mr. McDaniel  reportedly stated (00:59:21.17), “…FCS wants possession by the fall of 2023…” Is that true?  Mr. McDaniel reportedly went on to say (01:00:18.07), “…if we cannot make money and expand, we will go elsewhere…”  

FREE WILL OR BLACKMAIL?

It was reported in the discussion from our council members that Mr. McDaniel proceeded to give them the benefit of his grand expertise (01:00:50.03), “…you (presumably our council and commissioners) need to focus on a five (5) year plan…”

Additional reporting of the Wednesday, April 27, 2022, discussion, (1:01:52.43) it was reported either FCS or the Union County Commissioners demanded the city’s assurances the proceeds from the Alcester City Land assets were to be turned over to the Fair fund. 

(1:02:39.13)  Mayor Haeder’s remarks on the ownership of the land surrounding the former Alcester Steakhouse are in error.  The owner of the land around the former Alcester Steakhouse is the Alcester Industrial Park, Inc. a non-profit NOT THE CITY OF ALCESTER!

(1:03:29.63) Contrary to opinions from the mayor and FOPAT, “…wrong, the citizens of Alcester have a say and they deserve full and complete disclosure!  The City Council is obligated to inform the Alcester Residents of any attempted disposal of city assets!!!

(1:04:08.57)  FOPAT thinks (Heaven helps us), “…an agreement would have to be drawn up…if the city is willing to put 100% of the sale proceeds to be reinvested into the fair…but if the fair is no longer here…the investment will come back to the city…”  Talk about a scam.  What do you think Folks?  Are ya willing to lose your streets for pie-in-the-sky on a fair spin-the-wheel bet?

New Council Agenda Item #12 (1:15:40.00) Finance Office Updates

New Council Agenda Item #13  -HRC Update – (1:36:23.10)

New Council Agenda Item #14 – Fair Board (01:41:54.03) Discussion on the 2022 fair.  Listen to Mayor Haeder’s wild hair.  (01:41:54.03)  Mayor Haeder says, “…we could, we could make this the Clay County Fair in Iowa…in Union County…”  Mayor you have delusions of Grand Marnier!

New Council Agenda Item #15 – Executive session SDCL 1-25-2.1 Personnel – Council votes to go into executive session to discuss personnel which I suspect is to discuss personnel at the community Albatross.  Executive Session began at 7:48P.M. and ended 8:17 P.M. approximately one-half hour later.

New Council Agenda Item #16 – Adjourn Meeting  8:17 p.m.

          Folks call your City Council members, Contact your County Commissioners, let them know.  Think about it when the county takes this land out of taxable status as it will for the fair, our school loses the tax income and our county loses tax income.  By the Union County Commissioner’s purchase the old Steakhouse,  they have removed a property valued at anywhere from $160,800.00 to $200,000.00 from the tax rolls and reduced funding for our school and county. 

Let your commissioners and city council know this must go to a public vote!

Let them know if FCS doesn’t like our terms, they are welcome to follow through on their threat

and while we are asking questions,

When is the city going to finish working on the streets?

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org