Tag: Patricia Jurrens Alcester SD

01/04/2021 A Voice From the Gallery

The January 4, 2021,  Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Dan Haeder, Councilman Marcus Ireland, Councilman David Larsen, Councilwoman Darla Reppe, and Councilwoman Melissa Kay in person with City Attorney Sam Nelson.  Councilwoman Linda Talbott absent, no explanation but can be available by telephone.(01:14.57)

Above is the oath of office which I affirmed on July 20, 2020, to support the Constitution of the United States and the Constitution of the State of South Dakota.  I promised to the very best of my ability to work for all the residents of the city of Alcester not just those located within the confines of Ward III.  I meant that promise, but in the performance and fulfillment of my promise it was alleged by a l.i.t. (lawyer-in-training) I failed to do what I promised.  I asked the October 7, 2020, Executive Session in which these allegations were delivered be open session and video-taped, I was told I did not have that right.  I was dismissed based upon the opinion of the l.i.t. without proof other than her opinion.  The form of Executive Session used in Alcester, meeting is closed and no record is made.  It gets down to she said, she said.  It is now my time!

The meeting was opened with the recitation of the pledge of allegiance…ironic.

Agenda Item #3 Approval of the Agenda was dispatched with just one amendment.(02:36.83) by Councilwoman Kay.  Agenda Item #18 Executive Session ( if needed) for SDCL 1-25-2.  SDCL 1-25-2 refers to the whole statute and should be specific to one of the purposes listed below:

1-25-2. Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor.

Executive or closed meetings may be held for the sole purposes of:

(1)    Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor;

(2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

(3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

(4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

(5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

(6)    Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1.

The agenda was amended to place agenda item #18 between agenda items #7 and agenda item #8.  So was the agenda approved by the quorum of four.

Agenda Item #4 Approval of the Minutes of December 7, 2020, and December 21, 2020, again without discussion or delay.

Agenda Item #5 – Public Input- Vickie Larsen addressed the following topics in public input: cemetery, snow plow speed, building permit, executive sessions handout, website, Nohava, who is the council president and vice-president. 

– cemetery– (04:47.70)  Discussion on this point is the driving over a gravesite with digging equipment.  During the process of excavating for a new grave, the cemetery grave digger appeared to have backed his trailer with the grave digger over the top of a grave, leaving large ruts in the surface of the grave.  I asked for the name of the culprit.  I got a non-answer from FO Pat, “a guy”  Really? I asked for a name FO Pat replied I think his name was “collie” another non-responsive answer.  The city now owns and manages the cemetery and FO Pat does not know who digs the graves.  The grave this dimwit backed over, Coach Sievert’s resting place and no one at the city level seems to care .

-Snow plow speed-(05:41.90) I reported I saw the snow plow (loader w/bucket) plowing the street in front of my home on Lincoln Drive at an excessive speed and that it was NOT Lonnie Johnson driving.  Again note the badger line I got from Councilwoman Kay.  “Did I witness this”  Yeah I did and it was not Lonnie Johnson driving the heavy equipment.  I also had reports from others in the community who witnessed the same excessive speed of the plow apparatus.  I asked the question, what happens when the bucket snags a upheaval of the curb and gutter?  Bucket gone, curb ripped up and something worse?  Please note the feedback Lonnie (11:13.80), Lonnie (11:30.93) and of course Councilwoman Kay’s badger banter (12:45.27).  I stated I did not recognize or know who was driving the plow apparatus, just it was not Lonnie Johnson.  Mr. Johnson asked the question, “was that between your property and Orville Embrocks…”  I did not realize at the time he was referring to an event a couple of years ago, where he snagged the water shut off pipe for my house, failed to let us know about it until after pipes burst in a severe cold snap and water began flooding out of my garage and they could not shut the water off because of the damage to the water shut off at the curb. 

– Building permit on the Sunnyside Storage- This is where a retaining wall was called for on the building permit and the wall was not built.  I asked the question was the final inspection done, it has been reported to me that several building permits were issued and fees were charged, but there was no final inspection by the Code Ordinance officer.  So why isn’t the Finance Officer following up on this.  I believe there is to be a report of approval of the work issued to the permit holder to clear the permit and so the city cannot come back and accused the permit holder of failures.  Who is not doing their job?

-Executive Sessions– the present council and councils going back to 2012 do not have a working grasp of proper Executive Sessions.  I found a tutorial on Executive Sessions from a 2015 Association of School Boards of South Dakota which gave a simplified explanation of Do’s and Don’ts of Executive Sessions to keep the council from violating the Executive Session statute 1-25-2.  It takes Executive Sessions from proper Motion entering Executive Session to ending an Executive Session.  The Mayor and each council person got a copy of the handout and city attorney Sam Nelson got a copy with the copy write permission from the author of the piece.  (http:// http://convention.asbsd.org/wp-content/uploads/ts-of-Executive-Session.pdf)

– Website– still waiting- asked FoPat – still no launch date.  I did ask if it would be in 2021.

– Jeff Nohava– I asked if the ambulance had a covid clean process.  Mr. Nohava stated the ambulance complies with the protocols.  I have seen how the ambulance has complied with other protocols in the past. Yeah.

– I emailed this question to the Finance Office, “Who is the President of the Alcester City Council and is there a Vice-President?  I seem to remember Councilman David Larsen was President of the Council, is that correct?  Folks  this is FO Pat’s response, her email to,” Mayor Dan, Please address Ms Larsen’s questions…Thank you in advance..Pat.  So I asked again, Councilman David Larsen responded he was and I was told by another council person that Councilwoman Linda Talbott was the vice-president of the council.  I had asked this question because when I got the boot, I did not know if the president and vice-president positions had changed.  Now we all have the answer.  Simply put the President of the Council takes over in the absence of the Mayor.  The Vice-president takes over if both the Mayor and President of the Council are indisposed.  So why was the question so far out of the FO purview she had to email Mayor Haeder to respond?  Makes a body wonder, doesn’t it.

No one else had any input, but given certain responses given to me, I can see why other members of the public might not be willing to respond.

Agenda Item #6– Alcester EMS- Jeff Nohava- reporting the service has 10 EMT’s/Nurses (RN, LPN), 6 Drivers and 6 Student attending the Akron class.  So are these 6 students taking the class in Akron going to be NREMT?  Mr. Nohava mentioned the ambulance had received a grant for a Lifepak 15 AED. 

Agenda Item #7 – Department Head Updates-

–Streets-Lonnie Johnson reported the need for an upgrade of the electrical panel in the city shop ($1800.00).  Electrical Panel upgrade approved.  Street Vehicle Discussion- again-so we go from needing another truck with the capability to pull a trailer to the proposed purchase of a 2015 Nissan Rogue S (compact sport utility vehicle) 45,500 miles, no warranty, all wheel drive, 4 cylinder, trailer hitch unknown (per Lonnie) for an “out-the-door price” $15,000 with the now stated purpose to go to conventions, trainings, read meters (do ya’ll have drive-by capabilities now?) (25:40.90)and FO Pat and Wanda drooling.(we get a car, we get a car) Now folks key here is where is the money coming from,  Street Department?  I will direct you back to Mr. Johnson’s statement about the losing our streets (11:13.80) and the proposal to take $15,000 from the 2nd penny fund (29:56.53) which was originally limited to capital assets expenditures to pay for a run-around car? We keep playing games with the condition of our streets; FDR which was a joke, intermittent patching of streets are like plastering 30 minute wrinkle cream on a 90 year-old woman who worked in the great outdoors most of her life, and too many streets with no curb and gutter to stabilise the street.  But we apparently desperately need a “company car” to do what, shop?  What are the drawbacks to this model of vehicle, reports of seven (7) recalls on the 2015 model – one of which involved the shift selector knob, complaints of vehicle control and engine failure but it does have a towing capability up to 1,000 pounds when it is properly fitted for towing.  Motion was made to purchase the new toy and motion passed.  My question is do we have to take a temporary loan out until the second penny sales tax fund has recovered enough to allow a $15K expenditure?

– Cemetery-Parker Dooly- No substantive update other than we need a new mower.  Wish list— a Hustler commercial grade mower with a 60 inch deck with add-ons.  Instructed to do more research (until the next meeting?)

–Water/Wastewater– Dale Pearson reported the department is working on the wiring and installation of the new pumps.

– Police – Officer Schuller reports the past month’s activity and reports the continuing recovery of Police Chief Christie.

– Golf Course– Councilman David Larsen reported the golf course is closed up for the season.

– Library– Councilman David Larsen reported the library is doing well.

Agenda Item #18 – Executive Session – if needed Councilwoman Kay moved to enter Executive Session 1-25-2 for Personnel, Second came from Councilman Ireland, with no discussion the quorum of four moved in to Executive Session at 6:46 P.M.  Everyone but the Mayor and Councilman Larsen, Councilman Ireland, Councilwoman Reppe and Councilwoman Kay was dismissed into the hallway including Alcester City Attorney Nelson, FO Pat and Wanda Halvorson.  Mayor Haeder and the four council members remained in Executive Session until Mayor Haeder declared the council of Executive Session at 7:21 P.M.  No action was taken.

Agenda Item #8 – Legal Updates – Alcester City Attorney Sam Nelson gave a report on city actions against the property owners of 307 Iowa and 205 Ofstad.  No Executive Session was not needed.

Agenda Item #9 – 2021 Retainer Agreement – Frieberg, Nelson and Ask.  No fees were disclosed during this discussion.  There was an amendment regarding the mileage charge for attending regular meetings.  The amendment was bungled.  Councilman Ireland moved to approve the Retainer with the second coming from Councilwoman Kay.  No discussion and a quorum of four aye vote.

Agenda Item #10 – Official Newspaper – Alcester Union-Hudsonite was declared the official newspaper with a quorum of four aye vote.

Agenda Item #11– Official Bank- Premier Bank was declared as the official bank of the city of Alcester with no discussion and a quorum of four aye vote.

Agenda Item #12 – Covid 19 Quarantine Policy- discussion.  Working off the SD Department of Health version of a quarantine policy discussion was initiated with Councilwoman Melissa Kay apparently not sufficiently read-in to discuss.  So why make any motions or decisions until the policy is in black and white and documented?  Tentative language was discussed but not in document form for the meeting.  Councilwoman Kay appeared to want to shove the policy through seemingly to cut corners of procedure, pushed for motion.  So the council approved in a quorum of four aye vote on a Quarantine Policy.

Agenda Item #13 – Masks- To mandate or not to mandate, that is the question.  FO Pat does not want to wear a mask!  (1:44:36.07) FO Pat says she is a team player.  As I said in the session, if the city mandates Masks the city office is the ‘face’ of the city.  Lead by example, Madame FO you are the example.  The language for any mandate will be available at the next meeting to be approved or amended.

Agenda Item #14 – Finance Office Updates

– Warrant approval- December warrants were approved by a quorum of 4 aye vote.

– CRF submissions – Covid Relief Fund  $116,623.80 in claims submitted by Alcester.  Need a complete listing.  How many of the listing are wish list versus Need claims?

– 2021 Resolution of Fees dither-dither-pass

– 2021 Municipal Elections – Sign up

*Councilman David Larsen leaves the meeting due to indisposition at 8:46 P.M.

– 2021 Wages and Salaries called.  I questioned the ‘quorum of three issue’.  City Attorney Sam disagrees, saying it is in statute.  I asked which statute?  I was told by City Attorney Sam, you can look it up.  Nice response Sam.  You know I have often wondered why Ol’Glas and FO Pat wanted to dismiss a seasoned, city attorney as Mr. Haugland.  Now I had suspected Pat had a ‘working’ relationship with the Frieberg firm and wanted to send some ‘tit for tat’ business their way.  So the city replaced a seasoned attorney well versed in municipal law with a young ‘whipper-snapper’ whose Bar membership was shiny with new and in need of practical on-the-job-training in the area of municipal law.  Councilman Ireland was kind enough to share the statute of SDCL 9:8:8 which I have read and will be researching and Yes, Mary Jane I still do read!  I yield to the SDCL 9:8:8 with its most recent update of 2017.  Still have a problem with merit raises for ‘perp’ walk experience. The motion to allow a 3% cost of living raise for full-time and part-time employees was passed with a ‘quorum of three (3)’ aye vote.

-Reminders and Updates.

Agenda Item #15 – HRC update  – the Sh*House is near completion and no rent increase for the four-plex.  I can see why they might not raise the rent on the four-plex when their view is now a Architectural Oxymoron.

Agenda Item #16 – Community Building Update.  Report by FO Pat devolved into a We did this, We have that, we will , we will.  There was an amusing moment when Councilwoman Kay asked the question, ‘who is we’.  Shoot I figured the ‘WE’ was Pat and the Lint in her pocket.

Agenda Item #17 – Update of the Volunteer Roster- Add three, omit two.  Again a quorum of three (3) vote of aye.

Agenda Item #19 – Adjourn –  Again a quorum of three (3) vote of aye. 

Meeting was adjourned at 9:09 P.M.

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

12/21/2020 A Voice From the Gallery

The December 21, 2020,  Alcester City Council meeting was called to order at 6:00 p.m. by Councilwoman Linda Talbott, Councilman Marcus Ireland, and Councilwoman Darla Reppe in person, Councilwoman Melissa Kay (et al.) via telephone with Mayor Dan Haeder, Councilman David Larsen and City Attorney Sam Nelson.  Once again Questionable Quorum.

If you skip school it is called playing hooky, so what is it called when the Mayor skips a council meeting?  Did he quit smoking and was too grouchy to preside over the meeting, or he got a call from the fire department and he went up in smoke, or the Finance Officer has his book of excuses and misplaced it?  Oh that must be it, ’cause when I email the ‘Keeper of the Books’ Finance Officer for information I now get a robo-type response from FO Pat.

My Question-12/09/2020 – 3:37 pm. I asked, “What was the stated reason why Councilwoman Melissa Kay participated telephonically in the December 7, 2020, meeting?”

FO Answer – 12/09/2020 – 6:24 pm.  Reply, “I will let you contact Melissa Kay directly for your answer”

My Question – 12/15/2020 – 1:14 pm .  I asked, “Please confirm the next council meeting. “

FO Answer – 12/15/2020 – 2:03 pm.  Reply, “December is the same as the other months of 2020 – First & Third Monday….December 21, 2020″

My Question – 12/22/2020- 9:55 pm.  I asked. “Who is the President of the Alcester City Council and is there a Vice-President?  I seem to remember Councilman David Larsen was President of the Council, is that correct.      What prevented Mayor Haeder from performing his job as mayor at last evening’s council meeting?  Who installed Councilwoman as mayor pro tem?  That information should have been shared with the gallery and the residents at the beginning of the meeting, as well as the ‘need’ for tele-participation of Councilwoman Kay and the last minute evacuation of the agenda.”

FO Answer – 12/22/2020 – Reply, “Mayor Dan,  Please address Ms Larsen’s questions…Thank you in advance..Pat”

The meeting opened at 6:00 p.m., the Pledge of Allegiance was recited, and Councilwoman Linda Talbott operating as mayor pro tem called for approval of agenda as she cut out agenda items left and right as listed below:

Agenda Item #9– Legal matters of Executive Session SDCL 1-25-2.3 if needed, S.D. Codified Laws § 1-25-2 (“(3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;”) H-m-m litigation, is the city being sued?

Agenda Item #12– 2021 Resolution of Fees -requested changes for 2021 So which of the fees are going to cost us more?

Agenda Item #13 – Covid 19 Quarantine Policy – Discussion with motions.

Agenda Item #14 – Masks- Discussion with motions.

Agenda Item #15 – Executive Session SDCL 1-25-2.1 Personnel S.D. Codified Laws § 1-25-2 (“(1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor;”)

The motion was made by Councilman Ireland and seconded by Councilwoman Reppe with no discussion Councilmembers Talbott, Reppe, Ireland and telephonic Kay voted to accept the disemboweled agenda.   Thus starts the video.

insert video

Agenda Item #4 – Public Input was called.  I responded with comments on Website still not up and operable, False Swearing regarding a memoranda, telephonic participation which includes Executive Session and non-presence quorum.  I also informed the council I have folks (no names for obvious reasons) who ask me about city issues. (02:35.43).  Councilwoman Kay asked, “what do I do when people come to me?” apparently miffed because folks ask me questions.   (03:08.17)  I am honored these folks come to me for information and it will always be my practice to do them the courtesy of answering their questions honestly!  I told Councilwoman Kay that many folks feel comfortable asking me, they do not always feel comfortable asking the person listed as their ward representative or go to the Finance Officer who cannot be bothered to respond to certain residents of the city.  A tactic which I consider fool hardy for a city employee actively hookin’ the city to adopt merit pay (pay-for-performance).  So if ya’ll have more than two ‘perp’ walks per year, I strongly believe ya’ll can kiss that merit pay goodbye ’cause ‘perp’ walks ain’t no performance for which ‘we the people’ will pay!  Councilwoman Kay pressed on, (03:41.67) telling me to, “bring it up to the ambulance people because the city has no say in any of it (meaning the ambulance)”  So Councilwoman Kay, why does Mr. Jeff Nohava have agenda time?  Mr. Nohava is not a resident of Alcester, shoot Mr. Nohava is not even a resident of South Dakota!  (04:59.80) Councilwoman Linda Talbott asks the question is Jeff Nohava going to be here.  At that point Mr. Nohava is a no show.  FO Pat volunteers the information (05:02.10) Mr. Nohava is not present, maybe a later meeting…give an update.  Now folks during my sixteen years on the ambulance we were required to give Union County a statement of financial condition on an annual basis which is public information.  I do have some questions of Mr. Nohava.  I have witness a couple of runs of the Alcester EMS and I am curious.  First the Alcester ambulance shows up, loads a patient, drags their heels leaving the scene, then the Hawarden Ambulance shows up and the crew piles out.  Chit, chat between the two crews, then the next thing I see is the patience being off-loaded and back to their front door.  Both ambulances leave the scene and the patient.  I have seen this scene play out on another occasion where both ambulances showed up.  My question?  Do both ambulances bill the Alcester patient?  Mr. Nohava said on a previous council meeting he was working on solving the network issue.  This is where many Alcester patients were forced to go to Hawarden which was out of their network and their insurance would not pay.  Have you solved that issue yet, Mr. Nohava? 

Councilwoman Reppe brought up a notification of a hole in the road at the juncture of Lincoln Circle and Lincoln Drive.

Agenda Item #5 – Alcester EMS -Jeff Nohava- NO SHOW! 

Agenda Item #6 – Wastewater – New pumps to arrive sometime in January.

Agenda Item #7 – Police Dept.- Police Office Austin Schuller presented a statistics report and reported the PD was granted two of the three items requested: Tasers, *Radios and *Body Cams.

Agenda Item #8 – Friends of the Library Bank Account- Signatory authority was removed for Michele Norling and signatory authority was awarded to new hire Paige German.

Agenda Item #9 – Legal Updates and executive session SDCL 1-25-2.3 Legal/Contractual Matters (if needed)  Poor Form  So is the city involved in litigation? DELETED NO ATTORNEY, Sam was absent and Legal Guru Councilwoman Kay is just handing out opinion for free.

Agenda Item # 10 – Second Reading for the Rezoning Ordinance.  Routine Motion, Second, no discussion and 3 ayes present on camera, not to be confused with in-camera.  Wait quorum is four, H-m-m?

Agenda Item # 11 – Second Reading for the  Supplemental Appropriations Ordinance.  This is where Finance Officer Pat Jurrens was ignoring her own budget and spending here, there, and everywhere.  Auditor says you cannot have a negative budget.  So they do what is called supplemental appropriations,  This means the Finance Officer, Mayor and Council dig into those departments in the city which generate which are called enterprise funds, water, sewer, solid waste, golf course and bar.  You want to know why it is so hard to save for upgrades in water, sewer and solid waste because the money is routinely siphoned off to maintain the “I wants a three D printer” spending  instead of the “city needs a reliable upgrade for sewer and solid waste” spending.   

Agenda Item #12 – 2021 Resolution of Fees DELETED

Agenda Item #13 – Covid 19 Quarantine Police DELETED

Agenda Item #14 – Masks DELETED

Agenda Item #15 – Executive Session SDCL 1-25-2.1 Personnel DELETED

Agenda Item #16 – Adjourn  6:17 PM

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

12/07/2020 A Voice From the Gallery

The December 7, 2020,  Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Haeder with Councilman David Larsen, Councilman Marcus Ireland, and Councilwoman Linda Talbott in person, Councilwoman Melissa Kay (et al.) via telephone (no reason given why Councilwoman could not attend in person) and City Attorney Sam Nelson, absent Councilwoman Darla Reppe.  Questionable quorum.

The Pledge of Allegiance was recited after which the mayor called for agenda approval.  Councilman Larsen moved with Councilwoman Kay telephonically seconding the motion to approve the agenda as written (0:02:38.7), discussion by Councilman Marcus regarding Executive Session to discuss an employee and, “will the Executive Session cover that?” (0:02:56.00) Mayor Haeder answer,  “U-h-m, y-e-e-s” (0:03:14:33)  For those of you interested in statement analysis, take special note of the U-h-m and the marked hesitation in Mayor Haeder’s answer.  Agenda was unanimously approved by 3 in person ayes and 1 telephonic aye.

Approval of the minutes of the November 2nd and November 16th council meetings as reported by the Finance Office. Unanimously approved without discussion.

Agenda Item #5 – Public Input – I responded with regard to the vote to place, at the taxpayer’s cost signs of slow children. 

Since there was still time before the 6:15 p.m. P&Z Commission meeting (the Alcester city council is also the Planning and Zoning Committee) and before the schedule Audit Review Presentation by Dwight Berglin the group moved down the agenda to Agenda Item #8 – Street Updates – signs have been put into place.  A request from the Street Department since the utility truck has been repaired ($1K cost) to a drive-able condition, the apportioned money ($15K) set aside in the budget for purchase of another truck be applied to the purchase of a crew cab truck capable of pulling a trailer.  So instead applying that money to actual street repair or rebuild, Mayor Haeder asks, “When does Lonnie want an answer?”  TBD?

6:16 p.m. has arrived with Agenda Item #6 – Planning & Zoning Committee meeting.  Now folks proper procedure for the city council/planning and zoning committee to go back and forth is to have the mayor announce the Planning & Zoning Committee is now in session at 6:15 p.m. so that all parties attending KNOW it is the Planning & Zoning Committee and not the Alcester City Council .  Patrick Andrews from SECOG (South Eastern Council of Governments was present to explain procedures and document for the change in zoning issues relating to the old school property. 

          So folks the city council acting as the Planning & Zoning Committee will absorb the information of zoning, rezoning, public input, and etc. of the old school property and make the decision to recommend the rezoning to itself as the Alcester City Council give the okie-dorkie to enact Ordinance 2020-18 which allows the zoning nomenclature Planned Development District replace the former classification as Residential District and to amend the Official Zoning Map of the City of Alcester.  The Alcester Planning & Zoning Committee moves to recommend the nomenclature and map changes to the Alcester City Council and with a unanimous yes vote and no discussion the Alcester Planning &Zoning Committee recommends the zoning change.

          Now it is here where the Alcester Planning & Zoning Committee should adjourn, state the time of adjournment for the P&Z Committee and re-open as the Alcester City Council so everyone present KNOWS it is now the Alcester City Council up-at-bat.  Nope that boat left the pier, Mayor Haeder and City Attorney Sam missed the boat and were left standing on the pier along with most of the gallery. (0:21:50:47)

Agenda Item #7 – 2019 Audit Report – Presented by Dwight Berglin via telephone.  It is difficult to hear because of the telephonic audio level.  The gist of the report seemed to be violations on the city and finance office parts.  Internal controls still are absent, there was at one point a negative balance arising out of not spending within the budget.  Mr. Berglin made reference to a 2012 case in Dickson, Illinois where Finance Officer Rita Crundwell stole $30M dollars of city moneys over a 6 year period.  Mr. Berglin’s concerns involved lack of clarification of duties, lack of routine internal audits, negative balances, bank record reconciliation, over-spending the second penny sales tax moneys (the 2nd penny sales tax was originally limited to a specific type of purchases ie. capital assets such as property, plant and equipment)   Councilwoman Melissa Kay moved to approve the audit, with the second coming from Councilman David Larsen, unanimous approval with no discussion.

Agenda Item #9 – Wastewater- Finance Officer Patricia Jurrens gave the report noting one grant application was denied, toxicology on our water was clean and the situation with pumps is indeterminate.

Agenda Item #10 – Police Department – Alcester Finance Officer Patricia Jurrens reported in the stead of Chief Christie who was absent.  Most of the subject matter was equipment and the availability of CARES money to help with the expense.

Agenda Item #11– Pleasant Hill Cemetery/Landfill report- Parker Dooley not present so once again Finance Officer Patricia Jurrens made the report.

Agenda Item #12 – Golf Course/Library – Councilman David Larsen gave a report on the Golf Course and the Library.  The gist of the Library portion report was related to the employment of a new librarian.  Not so much as the hiring but of the benefits to a part-time employee as it relates to South Dakota Retirement program.  I want to be very clear the candidate and subsequent new hire for librarian has involvement in the discussion only by being the subject.

          “If you are a permanent, full-time employee of an SDRS participating employer, you are required to participate and make contributions to the South Dakota Retirement System. Permanent, full-time employees are those working at least 20 hours per week and six months per year.” South Dakota Retirement Law, Chapter 3-12C. The Alcester City Council appears to be manipulating benefits and the twenty (20) hour per week issue.  (1:10:52.00) start of the discussion and fudge-factor.  Listen to the exchange as our city council talks around the rules.  (1:12:38.90) Councilwoman Melissa Kay asks, “do we want to designate 20 hours…so she can take…”  Mayor Haeder says, “…Can we get away with…”(1:13:47.20) 

Agenda Item #15 – Rezoning Public Hearing – 7:16 p.m. This is where the Alcester City Council hears from public on the rezoning proposal and votes upon Ordinance 2020-18.  Mayor fails to call for public input, Councilwoman Melissa Kay asks if there is anyone with public comment on the rezoning Ordinance.  No public input.  Council moves onto motions for approve of this Ordinance.  Ordinance is approved.

Agenda Item #13 – Credit Card charge limits – Council to authorize $1000.00 limits for Finance Officer Jurrens, Police Chief, Water Dept. Head and Street Dept. Head with $500.00 limits for Ass’t Finance Officer, Police Officer and Librarian.  Approved unanimously and without discussion.

Agenda Item #14 – Legal Updates – Punitive and Adverse Action going forward on the 204 Ofstad Property and the 307 Iowa Property.  No need for Executive Session.

Agenda Item #16 – Supplemental Appropriations Ordinance  Motions to approve year end fund transfers, what I call robbing Peter to pay Paul.  Approved unanimously.

Agenda Item #17 – Garbage License – Only one bidder, Loren Fischer contract for 2021 through 2023, and again unanimous vote.  The question was raised, “is the garbage can rental included in the cost?”  FO Pat says, “I don’t know”  Why not you were responsible for setting out the terms and conditions of the garbage bid?”  So FO Pat picked up her phone and did the digits. As we all sat waiting patiently for the meeting to continue FO Pat place a call to Loren Fischer, One ringy-dingy, two ringy dingy (1:44:47.03).  FO Pat announces she will try to message Loren Fischer, and once again a delay in the meeting.  Eventually Mr. Fischer texts back that no the garbage cans are not included.

Now folks there is a lot of to-ing and fro-ing here between Agenda Item #17 and Agenda Item #18.  The captions in the video will help to put time frames on the to-ing and fro-ing.

Agenda Item #18 – Finance Officer Report – Spot check accounts, Updates, Resolution for proposed fees for 2021, CARES related spending, City WEBSITE is still not up-something about hosting and domain name.  These should not create any significant delay, so why?

          Approval of warrants- Since Councilwoman Reppe was absent, and Councilwoman Kay was not present their share of warrant inspection and approval did not happen.  So the task fell to those who were present.  As the three council members present struggled to catch up so they approve the warrants, the meeting was delayed.  H-m-m where have I heard, “delay of council meeting”  Oh yeah something from Council woman Kay.  One has to wonder, just how carefully those sums were added up and confirmed under the gun of time frame.  H-m-m!

          Finally the call for approve of current warrants, Councilwoman Melissa Kay abstained on the vote because she was not present and had not seen the warrants.  So we are left with a non-quorum of three to vote.  Ah I see a problem here, but when Councilman David Larsen asked Alcester City Attorney Sam Nelson if we could get into trouble with the “vote” (1:58:07.73), Mr. Nelson’s response was, ” …probably not…”(1:58:11.13) So Mr. Legal Guy, does the city get a major fee discount on the Probably not Opinion as opposed to those yes or no opinions?

          Going on to the next vote on warrants.  This is the vote for year-end warrants and the question is posed by Mayor Haeder to Councilwoman Melissa Kay (you know the one who abstained ’cause she had not seen the warrants for the present meeting?) will she be able to vote on the warrants only the mayor will see and sign? (1:59:02.90) and NOW you answer yes.  What changed?  Can you see and confirm future warrants?  So now we have three in person votes of aye and one of site vote of aye.  Amazing!

Agenda Item #19 – Executive Session- for personnel  remember (0:03:14:33) the response?  Yeah folks I do not buy into the premise that a city employee was to be discussed.  The Executive Session at 7:58 p.m. and I exited out into the hallway.  As I stood waiting in the silence of the hallway while bookkeeper Patricia Jurrens remained in the room allegedly discussing an employee with which Mayor Haeder allegedly had spoken.  I noted the city camera was still standing in the room un-shuttered, I noted several city councilmember phones and at least one to two laptop computers still sitting in the room.  In addition there is NO proof that Councilwoman Melissa Kay is alone during this executive session and any of her electronic devices are shuttered. 

          As I waited I noted bookkeeper Jurrens who had been unmasked for the entirety of the meeting, violated social distancing as she went to her desk to retrieve documents, to seat herself at the council table and to stand over the top of City Attorney Nelson and Mayor Haeder in front of the phone with which the council was communicating with Councilwoman Kay. 

          At 8:37 p.m. the council was declared out of Executive session.  I moved back to my seat in the council room.  As I moved toward my seat, a discussion of COVID Guidelines was being discussed.  Folks COVID Guidelines was not on the agenda and when I asked if the conversation was a continuation of the Executive session I was told NO, this was not related. I responded since this was not properly on the agenda they could not be discussing this.  Their response?  Councilwoman Linda Talbott said we are just discussing not voting with other council members chiming in the same mantra.  (2:07:47.03)  What happened to proper rules?  You are wrong, if it is not on the approved agenda, Ya’ll cannot talk about it.  Certainly not for some ten minutes or so.

          At 8:47 p.m. a call for adjournment and approved by vote.

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

11/16/2020 A Voice From the Gallery

The meeting was called to order at 6:00 p.m. by Mayor Dan Haeder with Councilman David Larsen, Councilman Marcus Ireland, Councilwoman Darla Reppe, Councilwoman Linda Talbott and Alcester City Attorney Sam Nelson present.  At-home-tele-conferencing the meeting was Councilwoman Melissa Kay.

The Pledge of Allegiance was recited and approval of the agenda was called.

Approval for the minutes of the now infamous meeting of October 7, 2020, was called with correction and approved with yet another version-in-error of what went down.

As you read through this specious concoction of fact, falsehood, quasi-legal opinion by a Bambee barrister with ambulance tailgating tendencies and whose only licensure at South Dakota Bar is her driver’s license indicating she is over 18, can drink but should not drive.  At no time was any evidence of wrong doing presented other than Councilwoman Vickie Larsen had an opinion, voiced it, voted on the prudent side for the people of Alcester and Councilwoman Vickie Larsen is not an ovis aries following FO Peep nor the rest of the ‘council gang’!  I know comes as a shock to the council, but ya’ll do not HAVE to vote unanimously.  There is no mandate, council members have to vote unanimously on routine city business unless it is a special circumstances situation. 

          “At 6:09 p.m. Councilwoman Melissa Kay made a motion to enter into      Executive Session pursuant to SDCL 1-25-2.1-Personnel; Councilwoman        Linda Talbott seconded it.  During discussion Councilwoman Vickie Larsen stated  if the Executive Session was related to her-she would request her        legal counsel. (one would think with both FO and Mini FO taking notes alleged to be minutes of the meeting could get it right but evidently not)      When discussion of the motion to go into Executive Session was called I     answered,

          Vickie, “Yes, if this is to discuss the discipline of a city council member and that person is me, I waive my right to executive session, I want it done in   open session and on camera.”

          Mayor Haeder , “How does anyone feel about that?”

          Councilman David Larsen, “We won’t know until we are in Executive         Session, will we?”

          City Attorney Sam Nelson, “No, uh forgive me for disagreeing to the extent the way you characterized it Vickie.  Executive session is not necessarily a personal right to you but is a privilege of the council with the exception of certain statutes and is the council’s decision as a whole to whether they want to enter Executive session for the purposes of discussing, uh, you.  I believe under statute an officer or elected officer qualifies as personnel so, uh, the discussion could be held in Executive session whether you wanted it to be or not.  However, any vote or any action would need to be, uh, taken in open session.”

          Vickie,  “No I was advised just (inaudible) I insist on open session and open discussion and you have in front of you a Bill of Particulars, Uhm, I want to know what the problem is, please fill those out so I may have those.”

          Mayor Haeder cuts in, ” So there is a motion on the floor, we are going to act on this motion right now.  So, uh, if there is no further discussion aside from what has already been discussed, I ask for how do you vote?”                    5 ayes—1 no

          Vickie, “I object I want this evidence on the camera, I want to video tape it!”

          Mayor Haeder , “and that means we are in Executive session at 6:09 P.M.”

          Vickie “I am going to refuse until I have legal counsel!”

          Councilman David Larsen, “that was a short meeting,”

          City Attorney Sam Nelson, “Do you have one (attorney) on stand-by?”

          Vickie,  “Not tonight”

          City Attorney Sam Nelson, “Excellent, Uhm, I don’t know that you are        entitled to legal counsel, Uh, per the statute…discussion is allowed under         SDCL 1-25-2.”

          Councilman David Larsen, “Should we even be talking of this in Executive session?”

The above is a transcript of the opening salvo of a discussion of the agenda item discipline of a city council member.  Too bad FO, Mini FO and Councilwoman Kay did not take the class where meeting minutes are to be fact and not opinion based.  Better work on this Councilwoman Kay for your bar exam, first draught versus bottle maybe?

Agenda Item #5 Public Input- So Alcester City Council ya’ll just approved the October 7, 2020, minutes in gross error and with what appears to be tortious interference and particular when the camera showed a couple of broad grins on council members when the Discipline of a Councilmember was called.  Councilwoman Kay you wanted me to name a complainant and I refused giving you a name.  Given the manner and nature in which ya’ll came after me, did you really think I was going to throw someone employed in Alcester and dared complain about the Vindictive squad to the wolves? 

Second on my list for Input, was an expression of gratitude for the 30 plus years of loyal service by former Alcester Finance Office Mike Kezar to the city and citizens of Alcester and the lack luster reception my suggestion elicited.

Third on my list.  Yeah, well you remember when I asked Mr. Nohava and the council about EVOC certification of the “volunteers”.  I had the occasion to watch in horror as a firefighter came screaming down first street enroute to a fire call.  As I watched this moron whip around two cars, all but running them off the road at the intersection of first and Iowa with little regard to safety.  This is not the first time I have seen this happen.  Perhaps a re-run of EVOC training would be a benefit.  Oh yeah, by the way running the four-way flashers when you run a four way stop in your private vehicle does not mean jack.  In addition, if you injure someone you personally become liable meaning actual expenses with punitive awards.

Agenda #8 street signs.  Has gone from one sign to two signs with the promise of scattering slow children signs like the seeds of dandelions.  I think we need a slow adult sign or better yet a dangerous FO alert sign.  FO on the loose, if you see them wandering please let the mayor know immediately.

Agenda # Finance Office –

Cares money, it appears only the mayor read the document outlining the purpose of the Cares money and he was bored.  It became apparent from body language the other council members either had not read the document or they lacked the comprehension app.   Not for entertainment computers for the dump guy.  Keep in mind that FO Pat can track where you are with these little ol’ devices.  Do you trust her?  Listen to the exchange if the we don’t get reimbursement for the 8 cutesy computers, the cost of $2400 plus cost will come out of the general fund.  There goes street/water improvements, we are just going to have suck it up buttercups and drink brown water.

Adjourned at 6:50 p.m.

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

11/02/2020 A Voice From the Gallery

“the argument from intimidation is a confession of intellectual impotence” Ayn Rand

Prior to the official beginning of the meeting a remark was made by Mayor Haeder with regard to the importance of the next day (November 3, 2020, election day)  Check out how on top of things one council member was, “’cause she asked if there was something important going on?” (00:00:18.63)  Listen to the response.  Note here that the set-up for voting was on the agenda.  So Councilman Talbott, that was your first hint it was election day on Tuesday?  

The November 2, 2020, version of a city council meeting was called to order by Mayor Dan Haeder with council members Marcus Ireland, Linda Talbott, Darla Reppe, David Larsen, Alcester City Attorney Sam Nelson and of course Melissa Kay seated and ready for city business.

The council and gallery members recited the Pledge of Allegiance.

Precursor to approval of the agenda concerning Executive Session (00:03:13.30)  A flashback to a child’s game where in the world is…?  The council was looking for their #2  SDCL 1-25-2.2  I told them School!  After more discussion, they finally figured the conundrum out but does beg the question how many law students does it take to read SD executive session law?  What No Cliff notes for law?

Agenda Item #3 – was the approval of the agenda. (00:05:20.13)  Some discussion regarding the time and appropriateness of an Executive Session to cover two separate properties and the presence of Geoff Fillingsness, enforcer.

Agenda Item #4 – approval of the October 5th, October 7th and October 19th minutes of meeting.  The motion was made by Councilwoman Darla Reppe, Seconded by Councilwoman Linda Talbott but at the call for discussion there actually was a call on the accuracy of the minutes of those meetings by Councilwoman Melissa Kay, although she could not seem to get the correct date.  H-m-m  First it was October 19th but then it was October 7th.  Ironically it was both meetings with inaccuracies in the minutes.  The purpose of minutes of an official meeting is to reflect accurately movements of the meeting without descending into editorializing.  Gee, somebody should have schooled bookkeeper Jurrens about that duty.  Of course one cannot be sure just who is taking those minutes whether it is bookkeeper Jurrens or the junior bookkeeper/receptionist.

Bookkeeper Patricia Jurrens writes in the minutes of October 7, 2020, “At 6:09P.M . …During discussion… (correction)Alcester Councilwoman Vickie Larsen waived her right to executive session and asked the meeting be open and her camera on to record the proceedings, the council said No it was not her right, Alcester Councilwoman Vickie Larsen insisted it was her right as the object of the session.  The council said it was their right to closed session and not hers…Alcester Councilwoman Vickie Larsen then asked the motion be delayed to the next meeting so she could have her attorney present.  The Alcester City Council then asked, “…do you have an attorney on speed dial” Alcester City Councilwoman Vickie Larsen answered, “NO”…The Alcester City Council then asked, “Is your attorney here…” Alcester City Councilwoman Vickie Larsen answered, “NO”  The Alcester City Council then made the statement, “You have no right to council…”  A loud discussion ensued…”

The council finally meandered through their approval of the October 19, 2020, minutes in error and postponing approval of amended minutes of October 7, 2020. (00:07:08.97) Bookkeeper Jurrens lead Councilwoman Melissa Kay by the nose to the conclusion that (00:10:33.53) Vickie Larsen refused to abstain from voting.  Really?  I stated I did not refuse to abstain (00:11:05.50), I was STILL a member of the Alcester City Council and bookkeeper Jurrens is NOT a legal authority. 

Agenda Item #5 – Executive session – Interviews for Ward III Council Seat.  No takers, do ya’ll s’pose I should have volunteered again?

Agenda Item #6 – Pushed back for the 6:30 P.M. scheduled Sealed Bid Opening-

Agenda Item #7 – Public Input – I reminded the group about an accounting error on Bookkeeper Jurrens part regarding cash back on credit card charges at the golf course I had raised in during my audit required oversight session with bookkeeper Jurrens. (00:14:41.20) In the October 19, 2020, meeting bookkeeper Jurrens answered my question with a non-answer that the city did not retain customer information.  I did not ask that question.  I commented the city should not be advancing cash back refunds on credit card purchases just for cash in the pockets purposes.  This is a practice similar to paying for a purchase and writing the check for $50.00 over the amount.  This is a bookkeeping no-no and ripe for fraud accusations against the city and/or customers.  Just a bad bookkeeping practice all the way around!  Once again bookkeeper Jurrens says, “…the city does not retain customer information…”  Non-answer. The second part of my input was to present Alcester Councilwoman Kay with a partially corrected paper of her design. (00:16:27.30) (00:30:35.40)

Agenda Item #8 – street updates

Agenda Item #9 – water/wastewater- pumps on order

Agenda Item #10 – Police Department Update by Chief Christie-  Chief Christie advised the council of military ordinance discover and the clearing of the munitions.  Police Chief Christie emphasized if someone in the community comes across similar discoveries of munitions is DO NOT TOUCH, CALL 911. (00:22:26.23)

Agenda Item #11 – Landfill/Cemetery – received a donation for trees for the cemetery.

Agenda Item #12 Golf Course/Library – short a Library board member, need a volunteer.

Agenda Item #13 Legal Updates – Involving 307 Iowa property, 204 Ofstad property and the Employee Manual Update.  There will be a resolution for the employee manual update at a future meeting.

The properties of 207 Iowa and 204 Ofstad will appear later under Executive session.

Agenda Item #14 – city street sign replacement – Update per Wade Dahl in a 2023 project.  My opinion Alcester should contract in a joint powers agreement to lower prices.

Agenda Item #6 – 6:30 P.M. Bid Opening for Police Office Glock   Bid was awarded to the highest bidder, John Wegh.

Agenda Item #15 – Old School Center – Second reading of 2020-16 Revised.

Agenda Item #16- Executive session – not needed beyond properties.

Agenda Item #17 – Finance Office Updates 

Website- Alliance hosting the site.  Finally!!! (00:16:11.80)

          2021 Operating Agreements – Liquor Licenses

Agenda Item #18 – HRC Update Meeting to happen sometime according to Mayor.

Agenda Item #19 Alcester Community Center – Bookkeeper Jurrens gave a summary. 

Agenda Item #20 – EMS Update  According to Councilwoman Kay the city has no interest in Alcester Ambulance so why is this an agenda item?  H-m-m?

Agenda Item #21 Update on Work Comp volunteer roster nothing to add or delete?

Agenda Item #22  Chit-chat session until Code Enforcement Officer Geoff Fillingsness finally shows up.

Executive Session for 1-23-2.3 Legal/Contractual matters involving 307 Iowa property and 204 Ofstad property. Motion by Councilman Marcus Ireland, Second by Melissa Kay no discussion and vote 5 X ayes.  6:57 P.M.  I must gather up my camera, tripod, see-through back pack, and  leave the room.  Mayor Dan Haeder supposedly shuts down the city’s camera which is not removed nor is it cloaked.  Leaving the Finance Office computers up and running, leaves all council personal phones in the room, leaves the City Attorney’s computer in the room and at let us not forget bookkeeper Patricia Jurrens still has her fanny parked in her chair of unsolicited advice.  H-m-m?

At 7:30 P.M. Executive session is still on-going when Code Enforcement Officer Geoff Fillingsness is excused and the meeting continues with Mayor Haeder, Alcester City Council members, Alcester City Attorney Sam Nelson and bookkeeper Patricia Jurrens.

At 7:37 P.M. Mayor Haeder calls the Executive Session out of session, allowing us back into the council room.

At this point I had activated my camera prior to returning to the room trying to forestall the rapid fire resumption of open meeting without allowing us to seat ourselves.  Unfortunately I inadvertently activated close up setting which resulted in a 3 to 5 minute close up of Alcester City Attorney Sam Nelson’s face.  A close up worthy of pore counting ability.  I elected to edit that 3-5 minute section from the video ’cause I really did not think Alcester City Attorney Sam would appreciate that close up.  During that time there was no vote on the matters of the Executive Session. Mayor Dan Haeder called for Adjournment, Alcester Councilman Marcus Ireland moved to adjourn, Alcester Councilwoman Melissa seconded the motion and of course a unanimous vote to adjourn times five ayes. 

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

10/31/2020 A Voice From the Gallery

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

10/19/2020 A Voice From the Gallery

“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

09/21/2020 A Voice From the Gallery

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.  

09/08/2020 A Voice From the Gallery

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.

08/17/2020 A Voice From the Gallery

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.