November 2, 2020, Alcester City Council Agenda
6:00 P.M.
Please note the agenda, you may want to be there. Specifically the cost of the street signs, the computers to be paid for by CARES and lest we forget an EMS Update (ought to be interesting.)
Let your council know what you think:
Mayor Dan Haeder 605-934-2287
Councilman David Larsen 605-934-2434
Councilwoman Melissa Kay 712-557-0689
Councilwoman Darla Reppe 605-934-2602
Councilwoman Linda Talbot 605-934-1849
“Fear not those who argue, but those who dodge”
credited to Marie von Ebner Eschenbach
(03:06.03 and 06:05.67 meet Kay Cam and introducing ACCN ((Alcester City Council News))
Mayor Dan Haeder, opened the October 19, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members Darla Reppe, Melissa Kay, Marcus Ireland, David Larsen, Linda Talbott and City Attorney Sam Nelson.
Agenda Item #3 Approve Agenda. Motion, second, no discussion and unanimous vote aye.
Agenda Item #4 Input
Me – Credit card cash back on the Council Oversight Inspection (Oxymoron) of the August books. At the time of my oversight inspection, I asked Finance Office Jurrens about the anomaly of refunds to the tune of approximately $200 to $400 in the golf course books. Got a non-answer from Finance Officer Jurrens. City-wise it is water deposit which is refunded with interest after a year if water payments are made and on time. However the Finance Office does not extend refunds to renters unless they move and without interest which seems discriminatory to me. I have to wonder if the renters on the city council have received their water deposit back h-m-m? It was not a water deposit but a credit card cash back situation. This is a situation where something is purchased at the golf course, the patron asks if the cashier will add $30.00 over the price of the purchase, charge it to the credit card and give the patron $30.00 change back and once again I received (09:51.40) “…we do not keep any customer information…” non-answer from Finance Officer Jurrens…h-m-m.
Mayor Haeder – (10:02.67)Street striping regarding parking spaces on Iowa. (10:02.67) Report of someone living in an RV behind a house. Legal? or Not?
Councilman Ireland – City street light on the corner of 6th and Lincoln flickering.
Police Chief Christie – signs for deaf child playing area…Covid grant money.
Agenda Item #6 (out-of-order) – surplus AED to be surplus transferred to Alcester Fire Department.
Agenda Item #5 – Planning & Zoning Public Hearing 6:15 PM. Public Hearing committee? Now folks the Planning and Zoning committee of Alcester is made up wholly and solely of the sitting Alcester City Council. There is a problem with this. Let me show you.
(22:17.80) No formal move into Planning & Zoning committee by the council. How about that Sam?
(23.03.23) FO Pat references maps the council has, gallery has not been provided maps to follow along on. Oops, hey Sam I think a public hearing indicates audience participation. How can they possibly participate without proper documents and time to absorb the information? You know, Sam kind of like a three page confidential memorandum (?) thrown out and one is expected to read and defend against its drooling ravings in less than five minutes?
(26:20.23) Still no formal move into Planning and Zoning committee. Audience still is unaware of any move from Council to P & Z committee and totally confused and effectively barred from participation because no one has given them permission to address the committee or council. In fact I believe even the council was oblivious to procedure. Hey Sam, where are you?
Councilman David Larsen makes a motion…Uhm there has been no public input during this “Hearing”, no permission given to the public at this point to voice their opinions during this hearing, there has been a obfuscation of whether it is the Planning & Zoning Committee and the City Council and now a motion for a vote has been made! Yoohoo Sam?
Finally it occurs to madam legal guru, law school student (?)–hey we have not allowed the public to participate in this little soiree. Finally the question is asked, if there is any opinion from the gallery. WOW! No answer from the gallery, so no harm no foul right? What the public doesn’t know? A day late and a diploma short.
So which entity took the vote? Planning and Zoning Committee or Alcester City Council. Yeah mayor, minutia is important. Oops? Do Over?
Agenda Item #7 – Street signs
WHOA WHOA DID YA EVER MOVE OUT OF COMMITTEE COUNCIL? WHO IS ACTING PARLIAMENTARIAN HERE?
Blundering on to Agenda Item #7 – Street signs – Councilman David Larsen explained the street signage issue to the council. Uhm let’s see who was sitting on the council when the question was first broached back in May 5, 2014, (minutia again Mayor) Mayor Rick Johnson came to the council (Agenda Item #33) with a document to be signed. Problem was the signing the document would involve self-warranting by the city and major financial exposure, that was a big problem! (dropped) Original joint powers was related to DOT PH0020 (187) PCN 06JK
Second run at the street signs came up on March 5, 2018, agenda item #6 with the following present council members serving during that meeting: Dan Haeder, David Larsen, Darla Reppe and Melissa Kay. These very same council members of today listened (?) James Ainslie from Pierre tell them they could tag on to the Mitchell project bid Dot PH0020(187) PCN-06JK. Say Councilwoman Kay remember how you voted? Here let me help ya out.
“Agenda Item #6 Road Safety Improvement Project DOT 929-08/2015 Joint Powers PH0020 (187) PCN-06JK – this involved sign replacements as translated by Finance Officer Pat Jurrens. The council was provided a copy of the contract required for participation in this project for replacing street signs. Alcester Finance Officer Pat Jurrens prefaced her explanation (video 00:08:35) with reference to the Alcester City Council of Four years ago took the line that they were unwilling to cover the liability of sign replacement if for some reason the signs were destroyed. H-m-m so who was on that council? Let’s see Mayor Rick Johnson, Mark Dykstra, Mike Burke, Kama Johnson, David Larsen and of course COUNCILWOMAN PAT JURRENS!
The story goes like this, “In the May 5, 2014, regular meeting of the Alcester City council…MAYOR RICK JOHNSON announced he signed up for ‘free street signs and wanted council permission to sign an agreement ASAP. Councilman Larsen and Councilman Dykstra asked to see the agreement since MAYOR RICK JOHNSON failed to share advance information with the council. Upon reading the city would be liable for the cost of materials and engineering if it didn’t maintain the signs and records. The council said NO! Given his responses to questions, it became clear MAYOR RICK JOHNSON failed to ‘read’ the agreement he was so anxious to sign because apparently he missed the payback clause and the cost of payback! WOW…”*
Imagine Finance Office Pat Jurrens ‘FORGOT’ all about her starring role as Alcester Councilwoman during that discussion. Imagine that! WATCH OUT FOR THE FO BUS BOYS! Mayor Glas and FO Pat want those street signs up to code and BY Golly Gummed Up catastrophe it NEEDS to be done! Now folks the council voted to approve this time but the scary thing is Councilman Lance Johnson voted to do the visual sign replacement with the second coming from Councilwoman Melissa Kay, discussion happened and the good folks realised they needed to amend the motion to allow Mayor Glas and Finance Officer Pat Jurrens to sign the document (presumably) WITHOUT presenting the final document to the council for approval. Watch video of this (video 00:23:51) Anyone have a problem with this scenario? We really want to trust a pair that have trouble getting the agenda right not once but at least twice. Or get the date of the regular city council meeting correct BEFORE putting it out for publication? *Vickie A. Larsen, a View from the Gallery, published May 15, 2014, The Alcester Union-Hudsonite newspaper. “
The next time the sign issue comes up is on December 3, 2018, Agenda Item #7 where the project is now called DOT PH 8034 (31) PCN 04K9 city street sign replacement with Council members David Larsen, Dan Haeder, Darla Reppe, Linda Talbott and legal guru Melissa Kay. Sign agreement did we lose money on this and what happened? H-m-m
“ Agenda line item #7 – street updates. Under street subsection (c) sign agreement which came in last week, surprise to Lonnie! Alcester was invited some time ago to participate in city sign updates around 2012, 2013 I believe. At that time the council determined the signs were too expensive, the existing signs were still serviceable so they declined the offer. Now they have changed their minds and want to participate under the Hutchinson County agreement PH 8034(31) PCN 04K9. Go Figure! Vickie Larsen, A Voice from the Gallery, 12/03/2018
Question is what is it going to cost us (we the people now)?
According to the South Dakota Department of Transportation 2020-2023 Tentative funds under Hutchinson County (past projected joint powers agreement (PH 8034 (31) 04KP Fed Funds 1.144, fiscal year 2021 and total cost (Mil$) 1.525 costs reflect anticipated inflation.
Agenda Item #8 – Legal Updates- 307 Iowa and 204 Ofstad. Play it again Sam, what is that about a possible conflict of interest. Who is advising the man who is supposed to waive his conflict of interest rights? You or the city?
Agenda Item #9 – Health Insurance – It appears the Finance Office mini-fo, ((avoicefromthegallery September 21, 2020 (02:11:43 )) “…I just want to be compensated…” Hey don’t we all. Evidently the city has exited the past insurance stance of “take it or leave it” with no cash payouts. H-m-m.
Agenda Item #10 Executive session – not needed- NO DAH the issue of Vickie the Council member is no longer a worry?
Agenda Item #11– Streets Update – a one-time burn
Agenda Item #12 – Old School Center – enter ordinance 2020-16
Agenda Item #13 – Website – still scheduled for launch on November 1, 2020, WooHoo! You will be able to pay your water bills online, you can read the ordinances, you can read the minutes from the meeting within a day or two. Yup really. Cannot wait to see All of our ordinances without having to pay the Patty Fee!
Agenda Item #14 – Community Bldg Alcester Finance Officer Jurrens gave an update, “…we did this, we are going to do that, and so on and so on…” Ever wonder who the We are? Fo Pat and the lint remnants in her drawers?
Agenda Item #15 HRC Update – None
Agenda Item #16 – Executive session – not needed amazing
Agenda Item #17 – Adjournment.
Contact City Council
Mayor Dan Haeder 605-934-2287
Councilman David Larsen 605-934-2434
Councilwoman Melissa Kay 712-557-0689
Councilwoman Darla Reppe 605-934-2602
Councilwoman Linda Talbot 605-934-1849
Mayor Dan Haeder, opened the September 21,2020, meeting of the Alcester City Council at 6:05 p.m. with council members Darla Reppe, Linda Talbott, Vickie Larsen, Melissa Kay, Marcus Ireland and City Attorney Sam Nelson present with Councilman David Larsen participating remotely via telephone.
The council approved the agenda.
Agenda Item #4 Public Input
Gordon Richards of Alcester Union-Hudsonite Newspaper announced that SD Public television was interested in interviewing residents of Alcester. To sign up contact Mr. Richards who will forward requests.
Marcus Ireland announced the dump gate was left open.
Vickie Larsen called for a deadline for the launch of the official website of the city of Alcester of November 1, 2020.
Vickie Larsen wants to see the city offices open from 8:00 a.m. to 5:00 p.m., Monday through Friday with the finance office staff going at different lunch times so the office and phones can be manned at all times of the day.
Vickie Larsen hand-delivered a globally sent email from Mayor Haeder to council members and employees of the city of Alcester with her response to his demand. (see below)
Mayor Haeder announced the DENR guidelines are stricter.
Two documents of the Planned Development need changes so will not be actionable until those changes have been made.
Agenda Item #5 Public Hearing of Variance set at 6:16 p.m. for the Sunnyside LLC. Present to push his variance through was Rob Huber of Lennox, SD. He was disappointed it was not a slam dunk. Mr. Huber announced he was a civil engineer, definition of which according to the dictionary is, “an engineer who designs and maintains roads, bridges, dams, and similar structures.”
Currently, the municipal employee who issues the Building Permits is Finance Officer Patricia Jurrens. So let’s take a look at the building permit, a couple of the accompanying documents and the permitting process.
First the front page of the building permit issues on August 18, 2020, by Finance Officer Patricia Jurrens and as provided to the city council for review late September 18, 2020.
Note the date, and the work authorized signature on this Building Permit.
Now take note of highlighted areas of this permit #291, specifically the portion calling out the feet from lot lines and whether a variance is needed. Now note specifically the word NO on the variance portion.
Pease note the yellow highlighted areas (addenda to Huber mortgage certification containing just the date of March 8, 2013) here. Addition to Existing Storage units, Note the date of certification of the original drawing for mortgage purposes, Note the highlighted area on the drawing on the south side of lot #10 with the notation Small concrete Block Wall. Now to (0:20:20.67) Councilman David Larsen’s question of a retaining wall. Mr. Huber’s answer (0:21:30.60) explaining he didn’t feel it was justified and Mr. Huber’s excuse (0:22:02.10) Why pencil in an addenda of small concrete block wall? Obviously expert opinion felt it was needed. Mr. Huber states (22:56.63) “…We’ve built a lot of storages facilities…“, (33:37.47) “…gladly give you information …” already digging, a little late if you ask me, (44:55.10) “ …I have already ordered the materials…” and (45:13.13) “...Been in the business…If I would have known…“.
Since this building permit involved our Industrial District the requirements for a variance are found in Chapter 15 of the Alcester Zoning Regulations…15.04 A) “…Convenience, loss of profit, financial limitations, or self-imposed hardship shall not be considered as grounds for approving a variance by the Zoning Board of Adjustment” (the city council)
So why did the majority of the council vote to allow the variance, could it be (45:59.10) where Mr. Huber says, “…I wasn’t expecting this…” and (0:48:25.70) Mr. Huber, “…if you don’t want to do this…just let me know…” ? Insinuating he would cancel the project if Alcester would not give him a variance. Really? What about all those pre-ordered materials? (44:55.10) on the expectation this convenience variance was a cakewalk? Mr. Huber spoke of the financial impact his project will have on our city. Property Tax on the current property is around $1978.42 , add a like sum for the additional units for a grand total of $3799.84 per year split with the school, the county and the city, no jobs that I see for the locals and according to my information self-storage facilities are not subject to sales tax.
Our Building Permitting and Variance Processes are flawed, encompassing convenience variances, preferential variances and lackadaisical implementation, often supporting documents lack dates and even legal documents lack dates. In my opinion, these flaws put Alcester at financial risk and liability and cost our citizen taxpayers.
The city agenda is typically sent out after hours on Friday before a meeting. SDCL 1-25-1.1 “…Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting…” The council should get copies of any materials pertinent to specific items of the agenda particularly any items requiring a vote, presumably so the council has best information or the opportunity to investigate on their own. Getting the agenda emailed after-hours on a Friday afternoon before a Monday meeting creates a major impediment in the council’s ability to gather facts on their own, effectively blocking council independent inquiry and beware the wrath if a council member shows the initiative to investigate on their own. Better to ask for forgiveness than for permission, Keep the council in-the-dark, can’t hurt can it?
Agenda Item #6– Planned Development- Patrick Andrews SECOG- regarding the property called Old School Centre. Development Plan.
Agenda Item #7-Glock Surplus
Agenda Item #8 EMS Update- Additions to the volunteer roster lists for the ambulance and the Fire Department cross-over’s to the ambulance. First Mr. Nohava is receiving a fee for his “director” services so the term volunteer does not apply. Second Mayor Haeder’s ecstasy on the growth of the volunteers is premature. Out of the new names presented for the volunteer roster-four are designated as drivers with two of those four described as students, one is designated as EMT, three are designated nurses, and five listed as Fire Fighters/drivers. Yes the volunteer list has grown, however the ambulance at this point has only accumulated One EMT. Historically (no matter however trivial it is) ambulances have trouble keeping certified EMT’s.
Upon the introduction of this agenda item number, I expressed my concern on what I understand is a forced transport to Hawarden Hospital. I held up a tutorial sheet from Brady EMT Text book with the question: Who is the EMT accountable to? #1) the Patient, #2) Medical Direction and #3) State Legislation. Do you know what transporting a person over state lines against their will is? Taking away the state line issue, do you know what holding someone against their will is? Do you know what it is called if the ambulance refuses to transport the patient when they do not want to go the Hawarden Hospital? While the city council has no say in the operation of the ambulance, the city does have a responsibility to its citizenry and the treatment preferences of that citizenry.
Agenda Item #9 – legal Updates –
Resolution 2020-12 establishes CBDG (Community Development Block Grant) for Waste water Facility.
Resolution 2020 -13 applications for Financial Assistance Funding.
Resolution 2020-14 – Sewer rate increase.
Agenda Item #10 – Halloween- Trick or Treat. Allow or not. Left to parental decisions.
Agenda Item #11 – Finance Office Updates
Ambulance allowance $1000.00
Fire Department allowance $1000.00 Fire School
Health Insurance Stipend for FT employees not taking City Health Insurance-Wanda
Purchase of (8) 10 inch computer, screen protectors and cases $2232.00 . Yeah, a wasteful expenditure of money just in case the council has to meet remotely. Oh but C.A.R.E.S will reimburse the city, maybe? C.A.R.E.S. ( the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress with overwhelming, bipartisan support and signed into law by President Trump on March 27th, 2020. This over $2 trillion economic relief package delivers on the Trump Administration’s commitment to protecting the American people from the public health and economic impacts of COVID-19.) Want to know where C.A.R.E.S. funding comes from our tax pockets. So why do we (the city) spend fund money for an “I Wants” when someone whose “Needs” (food, rent, medical care) are greater than our “I wants”? $2232.00 would be better left in the fund to provide for food, beds and medicine for those who really need it. We don’t. Oh yeah, I was not supposed to research A&B Solutions and their quote. Oh my, shame on me for asking questions about a potential purchase without a translator.
Agenda Item #12 – Executive Session Personnel called by Finance Officer Jurrens, and was news to the Mayor whose duty is to make up the agenda. Executive Session was called at 8:34 p.m. and as I shut down my camera, Finance Officer Jurrens called out to Wanda to please stay in the session. The session did not meet the criteria for a legal personnel executive session. After a 35 minute, spirited discussion Executive Session was called out of session at 9:09 p.m.
Agenda Item #13 Adjourn – The council adjourned at 9:10 p.m.
Mayor Dan Haeder, opened the September 8,2020, meeting of the Alcester City Council at 6:00 p.m. with council members Darla Reppe, Linda Talbott, David Larsen, Vickie Larsen and City Attorney Sam Nelson present and council members Melissa Kay and Marcus Ireland participating remotely via telephone.
The group began the meeting with recitation of the Pledge of Allegiance.
The council went on to approve the agenda with an adjustment in the printed agenda. Agenda item #18 was moved forward to immediately follow agenda item #6 due to a time conflict with City Attorney Sam Nelson. The group approved the agenda with that adjustment.
The council approved the minutes for August 3, 2020, and August 17, 2020, without change.
Agenda Item #5 – Public Input – Mayor Haeder had been contacted by Nathan Beeler, Mitchell Drive of a problem with the street condition.
Agenda Item #6 – Alcester EMS -Jeff Nohava acting director of Alcester EMS. Mr. Nohava gave a report/update on Alcester Ambulance and it’s proposed, revised operations. I would like to address some of the statements Mr. Nohava made during this ‘update’ with regard to prior operations of Alcester EMS while I was a member of the crew. (00.04.54) “…When Alcester couldn’t crew it fell on Hawarden to crew…about 60% of the time”. Vickie response, As a past crew member, Nationally Certified EMT, prior to 2012, it was our practice if we could not crew, we would refer the call to Beresford Ambulance or Hawarden Ambulance. Much of the time it was Beresford Ambulance who responded. (00:12:16) Nohava, “…in the past people were taken to Sioux Falls…” Vickie response, As a past member of the dedicated Alcester EMS crew, we transported patients to the hospital of their choice. We did not dictate which hospital they had to use. We did however in the event of an extreme emergent situation, transport to Canton or call in Med Helicopters out of Sioux Falls. (00:12:33) Nohava states, “if it is a true emergency” Vickie response, Whose definition of TRUE? Insurance carrier, Hawarden Ambulance, Alcester EMS Medical Director-Dr. Waddell or someone with triage training? Who? (00:13:03) Nohava states, “…a hospital eight miles away…I have reviewed some of the trip reports…” Vickie response, it is my understanding the last quarter 2019 trip reports were sketchy, not filed in a timely manner with insurance claims left waiting. (00:13:13) Nohava states “…45 minutes trip to Hawarden, the EMT’s like it…3 hour trip in the past…” Vickie states, Having been on many, many trips to Sioux Falls Avera, Sioux Falls Sanford and Sioux Falls VA Hospital, those three hour trips entailed travel time dependent upon location of patient loaded, extrication time, road conditions and the normal run time 40 minutes from Alcester to ER. We spent time giving report on patient, exchanging sheets and blankets for clean linens and if we were out over lunch time we would stop for a quick lunch. On the way back, our dedicated crew worked on trip reports, worked cleaning equipment, stowing the cleaned equipment and squaring away the rig in case our dedicated crew had another emergency call while we were on our way back to Alcester. On more than one occasion we did indeed have two calls back to back. Mr. Nohava talks of the two major Alcester employers in terms of the ‘three’ hour trip time, well sir. I was one of those self-employed EMT’s who made those daytime trips, and I substitute taught in the local school which I believe appreciated having an certified EMT on premises along with the school nurse even if I was called away on one or two occasions. (00:15:45) Vickie response, Mr. Nohava repeats his mantra, “…the past is past…”, but appears to accuse our dedicated past EMS crew of endangering patients with Sioux Falls Transports. I warned a previous Hawarden Ambulance director who dared accuse our dedicated Alcester Ambulance crew of abandoning a patient. On that occasion our Alcester Ambulance crew transported a patient to Hawarden Hospital ER, where we transferred the care of the patient to the hospital ER staff, but had to wait an unusually long time for release. The hospital had received the patient into their care. Folks procedurally and legally our independent EMT/ ambulance acted under the direction of a medical doctor not a hospital. So our EMT’s could transfer patient into the care of a hospital or medical doctor (higher skill level), however once care of that patient was transferred to the higher skill level, it could not legally be handed down to a lower skill level EMT to transport to Sioux City. Alcester Ambulance EMT’s delivered a patient to Hawarden Hospital. Hawarden Hospital made the determination the patient needed transfer to their Sioux City affiliate and for whatever reason Hawarden Ambulance would nor or could not transfer. Alcester Ambulance EMT-B level was told to transport the patient from the higher skilled Hawarden Hospital to the higher skilled Sioux City Affiliate Hospital. We declined based upon the fact we would be violating the chain of medical skill. Our ambulance later received a nasty letter from the director of Hawarden Ambulance with the accusation of patient abandonment. Needless to say, even after I sent a letter explaining our position to the Director of the Hawarden Ambulance, and copies of the letter the Director of the Hawarden Hospital and the city of Hawarden, the members of that dedicated crew still have a bitter taste of insult that we ever would abandon a patient entrusted to our care!
Agenda Item #18 – Community Center – Alcester City Attorney Sam Nelson removed a small phrase from the contract.
FROM
A133 contract section
12.2 Binding Dispute Resolution read,
“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017 the method of binding dispute resolution shall be as follows: (check the appropriate box)
[ ] Arbitration pursuant to Article 15 of AIA Document A201-2017
[X ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
TO
A133 contract section
12.2 Binding Dispute Resolution
“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A 201-2017 the method of binding dispute resolutions shall be as follows: (check the appropriate box)
[ ] Arbitration pursuant to Article 15 of AIA Document A201-2017
[X ] Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
During the discussion (00:21:20) and the brief discussion and the race to spend $2.6 million dollars. I voiced my opinion and objection to portions of contracts written by and for the architect and by extension the contractor. The document I held up was referenced within the A133-2017 document and the A201-2017 document is A503-2017/2019, Guide for Supplementary Conditions (for A201-2017, 2017 Owner-Contractor and 2019 CMc agreements) If you are interested in some light reading (?) ask for copies or access to copies of the signed documents AIA 133-2019 and AIA 201-2017 with online access to AIA 503
As you can hear in the video how the $2.6 Million vote went down. (00:23:00)
Agenda Item #7 – Public Hearing – Wastewater Facility Upgrade. Explanation and recommended upgrade of the present mechanical system with costs. Copies of the handout should be available at city office.
Agenda Item #8,# 9, #10, #11, and #12 self explanatory on video.
Agenda Item #13 – legal updates and #14 – Executive session not needed.
Agenda Item #15 – Planned Development District Discussion
Agenda Item #16-Finance Office
Warrants vote,
Dakota construction Warrant
Road Guy Warrant
Budget- discussion on pay raises, merit, longevity and etc.
OFF VIDEO RECORDING
Agenda Item #17- None
Agenda Item #18-already dealt with
Agenda Item #19 – EMS Update
Agenda Item #20- Update volunteer roster
Agenda Item #21 – Executive Session to SDCL 1-25-2-1 Personnel
9:38 p.m. in Executive session
9:51 p.m. out of Executive session
Agenda Item #22 Adjourn 9:52 p.m.
In the absence of Mayor Dan Haeder, President of the Council David Larsen opened the August 17, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members Marcus Ireland, Darla Reppe, Linda Talbott, Melissa Kay, Vickie Larsen and City Attorney Sam Nelson present.
The group recited the Pledge of Allegiance.
Agenda Item #3 Agenda approval was given with no changes and recorded with a unanimous six (6) aye vote.
Agenda Item #4 Public Input – Since there was no public, the city councilors mentioned items not included in the agenda: Councilman David Larsen announced a vacancy on the Library Board due to a resignation. Comments were received concerning vandalism in the Park and the lights in the park. Announcement was made the Alcester Auditorium has officially been sold and the keys turned over on August 17, 2020.
Agenda Item #5 Water and Wastewater – no updates- City Attorney Sam Nelson advised the council of past practices of setting rates by ordinance rather than by resolution and suggested a resolution to allow the setting of rates by ordinance. South Dakota Municipal League describes the difference between ordinance and resolution as,
“Municipalities may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto (§9-19-3).
The word “ordinance” means a permanent legislative act within the limits of its powers of the governing body of a municipality (§9-19-1).
A resolution, on the other hand, means any determination, decision, or direction of the governing body of a municipality of a temporary or special character for the purpose of initiating, effecting, or carrying out its administrative duties and functions (§9-19-1)…The substance of the ordinance follows (§9-19-6).
Ordinances can only have one subject, which must be expressed in its title (§9-19-5). ..All ordinances shall be read twice by title with at least five days between each reading. If passed, the ordinances shall be signed by the mayor or acting mayor or president of the board of trustees, and filed with the finance officer. With few exceptions, ordinances, after being signed and filed, must be published at least once in the official newspaper (§9-19-7). The vote on the second reading of all ordinances must be recorded and published (§9-19-9).
Resolutions differ from ordinances in that any resolution may be passed after only one reading. The resolution must be published at length either separately or in the minutes of the meeting. The votes for and against the resolution must also be published (§9-19-8).
Unless an ordinance or resolution is drawn to take effect immediately upon passage, all ordinances and resolutions become effective on the twentieth day after passage and publication, unless suspended by operation of a referendum (§9-19-13).
Voters have the right to propose their own ordinances through the initiative process, or to refer any legislative decision of the governing body through the referendum process. More information on these processes can be found in the Handbook for Municipal Officials or in §9-20.” (https://www.sdmunicipalleague.org/index.asp?Type=B_PR&SEC=%7B33E9C767-2065-4201-8F6B-DBDA8625A402%7D&DE=%7BC75C4AE0-AA9E-47DF-9128-2E6BDE604CEA%7D)
Agenda Item #6 & #7 combined discussion as suggested by City Attorney Sam Nelson. Since Item #7 involved contractual matters the council went into Executive Session for the purposes of SDCL 1-25-2.3. The council moved into Executive Session at 6:13 p.m. and came out of Executive Session at 6:30 p.m. Once out of Executive Session the group moved on to open session of Agenda Item #6. A call for motion was made to allow contract negotiations to authorize the Mayor to sign the contract for the community building depending upon agreement of terms and conditions by both parties. Vote was taken with 4 ayes and 2 nays. Motion carried.
Agenda Item #8 – Updates Finance Office School sign contributions from the city to aid city advertising. This discussion had been postponed due to a question regarding public moneys spent as contributions. City Attorney Sam Nelson stated there was no problem regarding the contribution issues. Discussion took place regarding the advertising issue on the sign such as city events, closures and etc. with a motion to contribute $1,000.00 this year coming from Councilman Ireland. Vote was taken with five (5) ayes and one (1) nay. Motion carried. I was the nay vote. My problem is all the advertising points for fee based announcements to appear on the school sign would be on the city website and as easily accessed. Which begs the question, where is the city website and why is it not up? Yet?
Agenda Item #9 – City Assets – I asked for this agenda item to discuss the sale of properties held by the city to put those properties back on the tax rolls. The city has properties in its name which collects no property taxes, sales tax income or property improvement based income for the city. These properties would be appraised and not to be auctioned but placed with realtors for sale for residential use or main street business use.
Agenda Item #10 – Update for Volunteer Roster For Worker Compensation. Approved.
Agenda Item #11 – Executive Session 1-25-2.1 Personnel to discuss the qualifications, competence, performance, character or fitness of any public officer, employee or prospective public officer or employee. This was an agenda item I requested. The council went into Executive Session at 6:55 p.m. with only council members: David Larsen, Melissa Kay, Linda Talbot, Darla Reppe, Marcus Ireland and myself in the session. At 7:19 p.m. President of the Council David Larsen declared the council out of Executive Session. At this time the group delayed action on the question.
Agenda Item #12 – Adjourn – The council adjourned at 7:21 p.m.
Mayor Dan Haeder opened the August 3, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members David Larsen, Darla Reppe, Linda Talbott, Vickie Larsen and City Attorney Sam Nelson present in the new city council room on 500 Dakota Street with council members Marcus Ireland and Melissa Kay remotely present via telephone.
The group recited the Pledge of Allegiance.
Mayor Haeder called for approval of the agenda. Agenda was approved as written without change
Agenda Item #4–approval of the minutes for July 6th and July 20, 2020, were approved as presented via roll call vote. Roll call vote was used due to the fact two of the council were taking part via telephone.
Agenda Item #5-Mayor Haeder presented the council with the revised 2020-2021 Council committee assignments.
Agenda Item #6-was called with no public input.
Agenda Item #7-Street Updates- Lonnie Johnson was not present.
Agenda Item #8-Pool Update-some where the water was left on so there was water over run of the pool.
Agenda Item #9-Water/wastewater Updates- There was a waterline break due to movement of a mobile home move. Water availability was shut off/ interrupted to several mobiles homes and adjacent homes. Water was restored to patrons by Monday.
Discussion on the upgrade of the wastewater plant and the need for a rate increase to facilitate the grant needed for the upgrade. Public hearing to take place September 8, 2020, in council room at 500 Dakota Street at 6:15 p.m.
Agenda Item #10-Police Department update. Chief Christie explained to the council the method by which case numbers are assigned to any one particular call. When the Alcester PD is called out, a number is assigned to that call. If additional action is taken those may be assigned a number which would artificially inflate the number of calls. So one call could contain more than one case number assignment, if I understood the process correctly. For instance a public disturbance call could involve a domestic case, a public intox case, an assault case, a drug case and so forth.
PD to move into their new building on Wednesday.
Agenda Item #11-Pleasant Hill Cemetery-No report other there was an issue with the mower.
Agenda Item #12– Golf Course
Pump issue, silt in the pond issue around the intake pipe
Library-Computer scanner UVC disinfectant device.
Agenda Item #13– Personnel Manual-Discussion-I listed items contained within the document that I felt needed to be addressed and adjusted for. As you will hear Sam opine no underlying concerns. Since the document will be a resolution it can be amended.
Agenda Item #14– Legal Updates- None
Agenda Item #15-Executive session – None
Agenda Item #16 – Planning and Zoning Amendment Second Reading, needed for Ordinance 2020-08 to be in effect and facilitate movement of offices.
Agenda Item #17– Finance Office- Approval of warrants, records destruction to separate archival preservation from just out-of-date records. School Sign-contribution from city-delay to make sure such a donation of tax dollars is allowed. Community Building closing date, Budget Committee meeting set for August 12, 2020, 1:00 p.m.
Agenda Item #18 HRC Update-Covenants and an interest in another lot sale.
Agenda Item #19– Fairboard
Agenda Item #20– Community Building Update- Notice that City Hall and the Fitness facility will move to 500 Dakota Street rather than be in the Community Building upon approval of the Development Board and Council.
Agenda Item #21-EMS Mr. Nohava met with the EMS group.
Agenda Item #22 Volunteer Roster-none
Agenda Item #23 – Executive Session – Not Needed
Agenda Item #24 – Adjournment
Council adjourned at 7:55 p.m.
The group stood for the Pledge of Allegiance.
Agenda Item #4 – Mssrs. Mark DeRaney of AMKO and Jerry Spethman of D.A. Davidson were introduced and made an update regarding the re-funding (semantics of the word re-funding meaning reworking the original bond to reflect a reduction in finance of the Sewer Bond for the city of Alcester. The council approved this action.
Agenda Item #5– Public Input. I responded with a history of the official city website issue. The original approval and vote took place March 3, 2014, approving $1375. 00 first year set-up and fee with an annual maintenance fee of $450.00.
May 5, 2014, Patricia ran on a recycling agenda touting her computer prowess and was seated. Looking back one has to wonder exactly what was she in favor of recycling?
Oh well, pushing forward, on July 7, 2014, Councilwoman Jurrens resigned her council seat after voting not to appoint long time Finance Officer Mike Kezar.
September 10, 2014, Madam Jurrens was appointed Finance Office at a starting pay of $40,000.00 with a bump in pay after she achieved some ‘experience’ in bookkeeping. It is interesting to note here Madam Jurrens with no bookkeeping experience was started $40000.00 far more than the 30 plus year veteran Finance Officer. Exit Mayor Rick Johnson 2015. Enter Mayor Tom Glas.
April 4, 2016, Website approved and ordered by the council was still not implemented. Who’s task, well let’s see. Oh that is right Finance Officer Jurrens with all the computer ‘experience’ she had still did not have the council ordered website up and running.
August 10, 2016, I asked during Public Input where is our website? No answer, no action! 2017 arrives still no website.
July 10, 2018, agenda item # 12 (g) website was discussed in terms of merging with the Alcester Chamber site which would negate any state statutes set into place to mandate minutes, records, ordinances and etc. be posted on the official city website. Nothing was implemented, again. Finance Officer Jurrens failing to perform her duty and obeying city council instructions for a city website.
May 6, 2019, agenda item #13 (c) which was to approve Gov/Office 3 year website contract ($700.00 per year for three years) Motion was made by Councilwoman Melissa Kay, Second by Councilman Dan Haeder with a 6 vote unanimous approval of the website…The six council present: David Larsen, Melissa Kay, Dan Haeder, Linda Talbott, Lance Johnson and Darla Reppe.
May 2019 Folks? The only council member who is questioning Alcester Finance Officer Jurren’s continuing non-feasance to do what the council ordered… is Councilwoman Kay.
It is now April 6, 2020, Website issue once again makes it to the meeting during the discussion of should the city finance office stay open or close. This seems to be a operation definition of Oxymoron. Of late and specifically on Tuesdays, the finance office lights are on, there is movement in the office with the excuse (?) the girls are catching up on their work? So the lights are on, the girls are present but the door is locked (mostly) and the phones are silent. So is the Finance Office Open/closed or Closed/open. Think catch-22 here. or the military SNAFU.
May 5, 2020, agenda item #18 once again where is the website discussion just after the audit notice.
Enter June 19, 2020, public input Where is the official city website? Answer it is going to go live soon. Really live? Hey FO Jurrens you mean a real, functioning OFFICIAL Alcester City Website. As a child I learned quickly what a dodge was and I do not mean the car model. Alcester City Council you are being conned. The former mayor was led around by Finance Officer Jurrens like the pony in a pony ride at a kid’s birthday party. I also brought up employees operating expensive city equipment with their heads in their cell phones.
Agenda item #6/#9-Planning and Zoning Amendment. It seems that pesky planning and zoning thingy can be a bit of a problem in the residential sense, right Mr. Nelson? It seems if I caught everything that was tossed about, the residential class would not allow the city offices to operate out of the old city-school library. You see I asked a similar question in a previous meeting with the idea we would not be barred from keeping the city offices in the old city-school library permanently. Evidently Mr. Nelson went home and thought about my question and decided maybe Chapter 5 in the Planning and Zoning Ordinance should be amended to read that the city offices could indeed be operated out of the old city-school library. Imagine that, the city could not operate the finance office out of the old city-school library cause it was zoned residential but a former councilman could engage in what appears to be a contract variance with Alcester Finance Officer Jurrens to build Old Mac Lance’s Barn in a residential area effectively devalued the residential properties on either side of the Old Mac Lance’s Combine Barn. The amendment was approved by the council but a public hearing had to be set to complete the action. Public Hearing was set for July 6, 2020, at 7:30 p.m.
Agenda Item #7 – Pool Updates The pool has been opened to pre-school and up. A note here: After passing the pool when it was occupied by staff and swimmers, I strongly suggest the city provide the swim attire for the city hired life-guards. I strongly suggest the swim costumes be of the same color, one-piece only and marked appropriately as life-guard so there can be no doubt just who is the life-guard for the pool and who is in charge.
Agenda Item #12 July meeting location. Meeting has been moved to the old city-school library Dakota Street.
Agenda Item #13-Executive Session- Not needed. It is amazing how much time not having an unnecessary executive meeting shaves of the length of meetings. Even more time can be shaved by giving the council all the background information they need on agenda items so they can prepare and not have to rely on a translation from a biased source.
Agenda Item #14 Adjourn Meeting adjourned at 1:38 p.m.
*Notice finance office employee Wanda was listed among the gallery. WHY? I heard the office telephone ring and ring while she sat in the gallery. So who is minding the finance store? Is that another oxymoron case which begged the question, was the officer open/closed or closed/open? She did eventually get up and answer the phone. Well at least I think so, it stopped ringing.
Mayor pro-tem David Larsen called the meeting to order at 6:00 p.m. with the following council members present: Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilman/Mayor pro-tem David Larsen, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson.
Agenda Item #2 – Pledge of Allegiance
Agenda Item #3– Approve agenda
Agenda Item #4 – Approve Minutes of May 4, 2020, and May 18, 2020.
Agenda Item #5 – Vacancy
Executive Session was called to interview candidates for mayor and for Ward II Council seat at 6:02 p.m.
Council came out of executive session at 6:35 p.m. At 6:36 p.m. Ward III Councilman Dan Haeder resigned as Ward III council representative. It is uncertain why Councilman Haeder chose to resign because he could hold his seat as Ward III Councilman and perform duties as appointed mayor pro tem without resignation. Upon acceptance of what appeared to be his written resignation, the council appointed Mr. Haeder as Mayor until April 2021. Ward III was declared vacant and posting should appear in the official newspaper to fill the vacancy.
Next up was the appointment of Marcus Ireland as Ward II representative.
Both Haeder and Ireland were administered the Oath of Office by Finance Officer Patricia Jurrens. After five minutes of meeting and in which two (2) agenda items were dealt with, Mayor Pro Tem David Larsen realized Mayor Dan Haeder had not taken over the meeting and unfortunately our Parliamentarian Attorney Sam missed the failure to transfer of power. Mayor Haeder took over directing the meeting and re-did agenda items 6 and 7. A note here it came to my attention that FO Jurrens had not verified eligibility of Mr. Ireland prior to her administration of the Oath of Office to him. I asked FO Jurrens this morning (June 2, 2020) if Mr. Ireland was in fact eligible, registered voter in the city and her answer to me. “I do not know, I will contact Callie or Marcus”. This troubles me because the quasi-election official failed to verify eligibility before she administered the Oath of Office. After my conversation with Finance Office Jurrens, I verified with Union County that Mr. Ireland was indeed a registered voter and eligible to hold city council member seat.
Agenda Item #6 – Council office. Councilman David Larsen retains his position as President of the Council and Councilwoman Linda Talbott was elected as Vice-President of the Council second in line for mayor should something prevent Mayor Haeder from executing his duties as Mayor before April of 2020.
Agenda Item #7 – Signatures Council voted to place the following individuals as signatories for the bank accounts and access to safe deposit boxes in the name of Alcester City. Signers are listed as Mayor Dan Haeder, Council President David Larsen, Finance Officer Patricia Jurrens and Finance officer employee Wanda Halverson.
Agenda Item #8 – AMKO-Mark DeRaney Bond Issue
Mr. DeRaney has been working on the refinance of the water bond. A Resolution (2020-07)was needed to set this refinance in motion. In light of the recent changes in the economy it was determined that banks were no long as willing to finance bonds so Mr. DeRaney was working with underwriter D.A. Davidson, out of Des Moines, Iowa, and with Zions Bank Trust Corporation as payee which was required for the change-over process. The resolution needed to be amended to reflect the changes.
In addition to the publication of Resolution 2020-07, a special meeting was needed to complete the transaction. Special meeting was set up for June 19. 2020, at 1:00 p.m. in the Auditorium.
Agenda Item # 9 – ROCS transport -represented by Peter Smith. This agenda item was pushed back in the agenda line up due to the Planning and Zoning Hearing.
Agenda Item #12 – 7:00 p.m. -Planning and Zoning Hearing-(out of order) . It was determined an amendment was needed in Ordinance (2020-08) to create a planned development district which can write its own rules but cannot be an area smaller than a city block. (Chapter 5)
Agenda Item #9- ROCS Transport continued. This is a transport service to provide rides to appoints and etc in town and out of town. It was mentioned the Care Center was no longer transporting residents to appointments.
Agenda Item #10 – Emergency Siren testing and repairs- Discussion and information was shared concerning our emergency siren system by Axel Ericson and Pat Kast. Discussion covered a weekly routine test at a specific time and day to keep batteries operational and find any problems before any emergency.
Agenda Item #11 – Input-
I shared input which dealt with inaccuracies in meeting minutes. Specifically the Finance Officer editorializing the minutes and not facts of the meeting. Specifically the reference to the issue/input regarding contract variance. She opined the conversation between Attorney Sam and myself did not have anything to do with Alcester. The contract variance dealt specifically with a seated councilman and the finance officer of Alcester which definitely deals with Alcester. I also advised the council that Hawarden pool is closed and Beresford pool will not be open until June 15, 2020, and then only to residents of Beresford and the Beresford School District. I also mentioned an issue with the cemetery and an employee of the city with regarding to a squirrel jumping from a Pine tree on the cemetery property and causing a power outage down Lincoln Drive. The employee was mowing with headphones on, failed to hear the explosion, failed to quit mowing when the Mid-American Tech was on scene discussing the situation with me even when he saw us standing next to the Utility Truck with a Boom.
A gentlemen who had just moved into town was questioning the zoning and asked how to get and who to get a building permit from. He also asked where he might find the building codes. It would have been nice to be able to tell him he could find all that information on our website, BUT we do not have a website—WHY?
Oh and lest we forget Mike Burkes, purchase Lots 5 and 6 in on Beck Drive (just behind to the north of Randy Heuer)in the Numsen Addition and their proposed S***House. This is a residential neighborhood and not business, storage or commercial. This edifice S***House was according to Mr. Burke too big for just one lot. Mr. Heuer those covenants which protected the value of your property are deemed null, care to argue that premise with those of us complaining the covenants are not void. You have more to lose than me.
Agenda Item #15 – Pool Updates- Yeah, there was a discussion concerning the interview of pool personnel. It came to light the pool committee was not notified of the interviews and were kept out of the interview by Finance Officer Patricia Jurrens. Once again she was interview employees without a bona-fide councilmember present. WOW talk about major over reach. FO Jurrens you are still not a councilmember, you are still not a city administrator, your are still just the city bookkeeper!
Agenda Item #16– Chief of Police- Discussion of hours, and over -time.
Agenda Item # 19-
Ordinance 2020-05 Clovid 19 derivative, amended by repeal of all but the mayor’s call to close down. Passed
Ordinance 2020-06 Two meetings per month-Passed 3 Ayes, 2 nays. Comment was made by Mayor Haeder about the length of meetings being the reason for the change to two regular meetings per month. I submit Mayor Haeder you set the agenda and you are in charge of what business comes before the council and how much time is spend on that business not Finance Officer Patricia Jurrens. Sir you control the length of the meeting, so in fact you do not need two regular meetings a month.
Agenda Item #20– Personnel Manual rewrite-Still in process. Department Heads, versus Committee versus Supervisors exercise in semantics. Additional discussion of Overtime for police Department which is exempt from Overtime versus Administrative Exempt from Overtime. Sam indicates that FLSA (Fair Labor Standards Act is not applicable to Alcester. We better make it applicable or we will not be able to maintain a decent police department.
Agenda Item #21- Finance Office- Warrants dealt with. Notice the Finance Office was undergoing an Analytical Review. Rent for city offices at the old school will be in exchange for law care paid by city.
Agenda Item #26 – Adjourn at 9:32 p.m.
lookee, lookee all the amendings and revisions.
Input has been placed where the public cannot speak on whether they want a special election for mayor and Ward II council person and not an appointment done under the table!
NOTE the decision has already been made in secret by author of agenda.
As I understand it, after the May 4, 2020, city council meeting Mayor Tom Glas resigned as mayor. By the way it is not official until the council VOTES to accept his resignation!
This left the newly elected president councilmember David Larsen of the council as mayor pro tem to perform the duties of mayor until a new mayor may be appointed or elected.
Folks the city has the option of appointing a mayor or having a special election. I urge the residents of Alcester to insist upon a special election to fill the positions of Ward II council position and Mayoral position with an emphasis let the people decide.
I CALL FOR A SPECIAL ELECTION!
NO APPOINTMENT!
A SPECIAL ELECTION!
Unfortunately the council has not distinguished itself when considering variances, appointments and spending money. It has been argued that special election costs have not been included in the city budget-that the city cannot afford an election. THE CITY CANNOT AFFORD NOT TO HAVE AN ELECTION. If Finance Officer Jurrens can scrape up money for a police building caused by Mayor Tom Glas and the council not having the foresight of no place for the Police Department before selling the PD Office out from under our police force and other non-budget items, I am confident money can be found for an election.
LET’S SEE PAST PERFORMANCE:
These are just a few instances where the Finance Officer over-reached her position and violated city law.
There are people who have witnessed the illegal antics of Patricia Jurrens, please come forward complain. Let me know (vickielarsen98@gmail.com). I have taken a public stand, I will continue to take a public stand but I need support since I have been repeatedly denied placement on the council.
There is a meeting Monday, May 18, 2020, at 6:00 p.m. in the city auditorium. Come see and hear for yourselves. Let your voices be heard.
The city is waffling on closing the pool due to the pandemic. It is your children, your parents and grandparents who are at risk. It is our life-guards and city employees who are at risk because some of the council think we need to keep the pool open. That we need to keep the kiddies occupied, do you really want to risk your children to be occupied (if they are lucky) with just plain breathing with a vent in a hospital?
*the Finance Office cannot be involved in going to the Care Center to ‘help’ fill out absentee applications or ballots—it is deemed a conflict by SDML
A Voice from the Gallery 