Tag: Sam Nelson Canton SD

08/01/2022 A Voice From the Gallery

FORWARD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda Item #15   Executive Session –  NOT NEEDED

Agenda Item #16  (1:47:51.83) Adjourn

Let your City Council Know!

Contact City Council

Mayor Dan Haeder                             605-934-2287     

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples                    605-934-2096

Councilman Lukas Driesen              605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

05/17/2021 A VOICE FROM THE GALLERY

IF YOU ARE TESTING MY WATERS, YOU BETTER KNOW HOW TO SWIM!

MAY 17, 2021 ALCESTER CITY COUNCIL MEETING

Mayor Dan Haeder called the May 17, 2021, city council meeting to order at 6:00 p.m. with the recitation of the Pledge of Allegiance.  Council members present were Councilman David Larsen, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman  Cyndi Peeples, Councilman Brian Johnson and City Attorney Sam Nelson.

After the call for Agenda Item #3 Approval of the Agenda Mayor Haeder announced that Agenda Item #10 – HSA Bank Account was no longer necessary, without any explanation as to why it was no longer necessary.  Did the Mayor Haeder/FO Pat decide an HSA was no longer needed, Did the Mayor Haeder/FO Pat decide a separate account was no longer needed, Did Mayor Haeder/FO Pat decide they wanted to use another Bank, or Did Mayor Haeder/FO Pat decide that FO Pat just could not handle direct deposit banking or was this another issue where Mayor Haeder/FO Pat felt the public just didn’t have the right to know.  I strongly suggest folks you ask the council WHY?  Those individuals on tap to be signatories were Mayor Haeder, Council President David Larsen, Finance Officer Patricia Jurrens and Finance Office worker Wanda Halversen.  Council approved the Agenda with Agenda Item #10 – HSA (Health Savings Account) omitted.

Agenda Input #4 – Public Input was called. 

I answered I had public input.  Initially I had planned for a couple items but upper most was my written request to be considered for the Ward III vacancy.  I have made it a practice (depending on the nature of the document) to send requests via email to the entire council and hand-delivering the document in written form with a certificate of service attached to the document for a signature acknowledging the city office did in fact get the document so the document doesn’t ‘disappear’ or ‘get lost’.  However Finance Officer Patricia Jurrens refused to sign the certificate acknowledging document delivery.  So folks now it gets down to a she-said, he-said situation and who is the council going to believe?  Does Bookkeeper Jurrens do this with legal documents, documents from all Alcester residents or just the select few of us that bookkeeper Jurrens deigns as beneath her ( and I do not mean the Kama Sutra-like definition of “beneath” her)?

I stated my request for an interview with the council for the position of council person for Ward III looking for recognition I was indeed going to be allowed to interview with the new council which included the latest council member addition.  As you will note in the video there was a long period of silence after my statement, the council neither accepted nor denied my request.  I did not present any other comments I had for public comment, other than an observation of mini-motorcycles and the apparent age group of the operators on public streets and what appeared to excessive speed relating to their ability to control.

Mayor Haeder called for any additional input to which Miss Melissa Kay responded acting as a quasi telephonic go-between former council member Marcus Ireland and the city council.  Mr. Ireland had two points to make in the public input.  1) Mr. Ireland requested that all proposed ordinances/resolutions be placed on the city website for community full access.  Some community members do not receive the newspaper and therefore lose the ability to comment formally or informally on any proposed ordinances/resolutions before they are passed. 2)  Mr. Ireland offered up comments on the language, semantics and etc. on the issue of medical cannabis and arbitrary denial of permitting for medical cannabis.

Mayor Haeder added his comment on the continued spoofing/scam using his email.

Agenda Item #5 Ward III Vacancy – Interview of candidate – A discussion took place on the need for me to interview, since I had just recently interviewed.  I took the position that since the Ward II vacant seat had been filled and it was appropriate for me to be able to make my presentation to what amounted to a new council.  Executive Session was called and entered into at 6:19 P.M.  My name was called first for interview and I entered the interview session at approximately 6:20 P.M.   I passed out a booklet outlining specific October 2020 historical data I wished to address in full with Councilman Larsen, Councilwoman Reppe, Councilwoman Talbott and Mayor Haeder.  I also want to make sure the two newest additions to the council, Councilwoman Peeples and Councilman Johnson were informed of the facts not hear-say and to off-set former councilwoman Melissa Kay’s comment in the May 3, 2021, council meeting where she willfully breached executive session as it related to me and found in 05/03/2021 A Voice From the Gallery blog and video (0:36:53.23).  I also addressed and enumerated all the accusations and allegations made in that October session to set the record straight with specificity to each allegation/accusation made.  These comments and defenses were directed to Councilman Larsen, Councilwoman Reppe, Councilwoman Talbott and Mayor Haeder who had received what I would characterize as biased opinion and what I would characterize as a false swearing since the allegations were in written form.  Folks I was barred from having an unbiased witness to a interrogation where I faced the city lawyer duly seated at the South Dakota Bar, two wanna-be lawyers who practiced the fine art of legal badgering where, “… Harassment of a witness by legal counsel during questioning, where a witness is subjected to embarrassing or derisive questions where an answer is not expected and serve as argument posing as a question, e.g. who would believe any words coming out of your mouth?“ ( Badgering the Witness, THELAW.COM LAW DICTIONARY & BLACK’S LAW DICTIONARY 2ND ED. (https://dictionary.thelaw.com/badgering-the-witness/)

Or the prize question asked of me by my interrogator, “…can you read?” 

Also in that city council judgment mix one adds a secretary for a Hawarden attorney, a school teacher, a retired school teacher and a Mayor with a marginal grasp of the job description of a mayor. Folks in Executive Session, if you are the target of the inquisition it becomes she said, she said because there is no record made and in my case no one bothered due diligence into the vacuous accusations.  Just a fear of my honesty, the consequences of my pre-council research on SRTS or my ability to vote No on half-assed, vacuous proposals as explained by the bookkeeper!

I worked my way through the booklet I provided to the council members, page by page, point-by-point and at the end of my presentation I asked for questions.   Folks, the faces on Mount Rushmore have more facial movement than was exhibited by the four faces of those who judged me in that October 7, 2020, meeting.  I had no expectation of being seated but make no mistake I went down fighting with the truth.

Upon my exit of the council room at 6:40 P.M., Ward III Vacancy Candidate Curtis Keiser entered the room for his interview.  At 6:48 P.M. Mr. Keiser left the interview and at 6:50 P.M. Mayor Haeder declared the council out of Executive Session.  At that point motion was called to seat Curtis Keiser as Ward III Councilman and approved.  Congratulations Mr. Keiser on your successful seating.  I will offer my advice to the newest members of the Alcester City Council, Councilwoman Peeples, Councilman Johnson and Councilman Keiser IF the remaining members could do this to me, they can and will the same to you.  Oh yeah, one more thing Finance Officer Patricia Jurrens has no part in Executive Sessions unless it deals with a bookkeeping problem or her own deeds.  She is not the seventh council member!

Agenda Item #6 – Council Committee assignments were handed out.

Agenda Item #7 – Department Updates.

Agenda Item #8 – Legal Updates

Call for Executive Session for the purposes of 1-25-2.3 Legal discussion. In Executive Session at 7:03 P.M. -7:14 P.M. Since the next item immediately following the Executive Session under Legal Updates is titled the Boyce Waiver Authorization one can make a presumption of cause and effect (LAWSUIT/ LITIGATION).  (35:30.90) I asked for permission to speak, I asked what the Boyce Waiver Authorization was.  Alcester City Attorney Sam stated this was an authorization to waive a possible conflict-of-interest with Boyce Law.  Folks, Boyce is a Sioux Falls law firm whose area of practice list includes the field of practice described as Alternative Dispute Resolution ( Arbitration and or Mediation).  With that said, Waiver is described as a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.  So the City Council voted to authorize the Waiver.

Still under agenda item #8 Legal Ordinance 2021-09 Temporary Ordinance regarding the Issuance of Local Medical Cannabis permits and/or licenses.  Discussion on what city officials are allowance to do and not do with regard to issuing permits or licenses to sell and/or grow medical Cannabis.

Agenda Item #9 – Deed Transfer from City of Alcester to Alcester Industrial Board described as Parcel 01.01.23.1002, Tract 2, Block 23 Original Alcester City and Parcel 100.00.21.5055. School Lot 2 SE1/4, SE1/4 less 5,676 square feet of Right–Of-Way.  Important question here is the area where the city offices are located and any rents?  Discussion with City Attorney Sam Nelson (54:06.57)  Council voted to approve the Transfer of Deed.  Unfortunately a map of parcels and lots involved in this transfer was not available to the public, therefore for clarity the city office should be contacted for a copy of the exact Parcels involved.

Agenda Item #10– deleted considered not necessary (see my comments under the approval of the agenda)

Agenda Item #11 – Hire Seasonal Personnel

Agenda Item #12 – Executive Session for 1-25-2.1 Personnel was called.  Folks this habit of what appears to be the dodging of open session rules by cloaking  conversations and discussion with impunity outside the realm of the proper Executive Session Rules.  SDCL 1-25-2.1  The council entered into a what has the appearance of a routine, monthly Executive Session for Personnel purposes started at 7:47 P.M. through 8:05 P.M.  No business came out of the session as usual. Folks like the saying:

“I don’t trust—Words

I even question—Actions

But I never doubt—Patterns“

Agenda Item #13 – Reminders and Update.  One item under was a discussion which dealt with a proposal for the garbage pick-up to remain on one side of the street permanently to, “…save our streets…”  Councilwoman Linda Talbott and et al (1:06:42.5) expressed her opinion that the one-side-of-the-street garbage pickup should stay in force.  How about it folks?  Do you want multitudes of  garbage cans along YOUR street frontage with the Big Blue Garbage cans squatting and drizzling garbage there for three or four days?   HEY LET THE CITY KNOW HOW YOU FEEL!  CALL THE CITY! EMAIL THE CITY!  TELL THEM YOU WANT THE STREETS REPAIRED, FIXED NOT HAVE SOME DIRTY OLD GARBAGIE BLUE BUCKET BANDAID PUT ON THEM.  WE HAVE PAID THE STREET MAINTENANCE FEE FOR THREE OR FOUR YEARS NOW WHERE IS THE MONEY GOING.  FINANCE OFFICER JURRENS WHAT ARE YOU DOING WITH THE STREET MAINTENANCE FEE AND THE REGULARLY BUDGETED FUNDS COLLECTED BY TAX TO REPAIR OUR STREETS?  SO FOLKS ASK WHAT THE ANNUAL BUDGET FOR STREET MAINTENANCE IS WITHOUT THE STREET MAINTENANCE ORDINANCED FEE?  WHAT IS THE SEPARATE  TOTALS OF THE STREET REPAIRS.  FOLKS JUST ONE YEAR WORTH OF MAINTENCE FEE WAS EATEN UP BY THE BILL FOR THE 20 YEAR OLD WHEEL LOADER REPAIR!  THEN THERE IS THE STREET SWEEPER WHICH COST AS I RECALL SOMETHING LIKE $225,000.00 AND IS NOW ONLY USED DURING RAINSTORMS AS I UNDERSTAND IT, IS DUE TO WATER SUPPLY ISSUES.

Agenda Item #14 – Adjourn 

Council adjourned at 8:08 P.M.

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

Councilwoman Cyndi Peeples

Councilman Brian Johnson

Councilman Curtis Keiser

02/01/2021 A Voice From the Gallery

          The February 1, 2021,  Alcester City Council meeting was called to order at 6:00 p.m. by Mayor Dan Haeder, , Councilman David Larsen, Councilwoman Darla Reppe, Councilwoman Linda Talbott and Councilwoman Melissa Kay in person.  Councilman Marcus Ireland was counted present via telephone and City Attorney Sam Nelson was absent but available via telephone IF the council needed him.  M-m-m, you hiding Sam?

The city camera is beeping, Mayor Haeder adjusts it, he now puts the memory card in, Mayor Haeder sits down and camera starts beeping.  H-m-m.

          Council recites the Pledge of Allegiance.

insert video

Item #3 – Approve Agenda   Mayor Haeder called for motion to approve the agenda.  Motion is made, seconded and with no discussion the agenda is approved unanimously  (X5 Ayes) without change.

Item #4 – Approve Minutes of January 4th and 18th meetings Mayor Haeder called for motion to approve the minutes of the two meeting in January.  Motion was made by Councilman Larsen, seconded by Councilwoman Talbott, discussion was called with Councilman Ireland responding to add the adjective “alleged” before the narrative involving executive session in the 01/04/2021 minutes.  The group decided to add the word “alleged”.  Councilman Larsen made the motion to amend the initial motion by adding the word “alleged”, Councilwoman Talbott seconded the motion to amend, no discussion on the amendment, the group vote unanimously X5 Ayes to amended.  The Council returned to the motion on the floor, Councilman Larsen moved to approve the minutes for January 4 as amended, and January 18 (as written should have been noted in the motion), Councilwoman Talbott seconded the motion and with no further discussion the motion was approve with a unanimous vote X 5 Ayes.

Item #5 – Public Input– I spoke to the erosion issue on the Sunnyside Storage project and possible loss of one of the buildings on the private property.  A retaining wall was to be built but as of this meeting had not been completed nor was it signed off by the ‘alleged building inspector Geoff Fillingsness.’  I asked, once again, about the city website with Finance Office Jurrens responding it (the website) was up. (09:53:47).  As of this writing I still do not see a website!  I commented on the telephonic participation of Councilman Marcus Ireland who, it appears will be taking part in the future council meetings until election.  I commented on the residents of Ward II have been to all intents and purposed disenfranchised by way the lack of their ability to readily contact their Ward II representative, Marcus Ireland.  Cell telephone number was to be provided to the newspaper for publication.

Mayor Haeder announced there was to be a virtual legislative meeting tomorrow, February 2, 2021.

Councilwoman Darla Reppe announced she had been contacted by a constituent who did not wish to be identified.  The constituent was extremely unhappy with the Burke Sh**house and requested the council take measures to fix the situations.  The council was warned back in December 2019 and January 2020 by me with regard to variances distributed by Finance Officer Pat Jurrens and approved by the council to allow non-residential building in the Numsen Addition prior to the building of these Beck Drive nightmares.  I warned them of the possible sharp decline in property values of innocent neighbors, and the possibility of losing any future sales of the remaining properties. However there is a precedent in Sioux Falls which caused the demolition of a violation of covenants in a historic neighborhood.  Mayor Haeder who was then a councilmember voted to approve the Burke Sh**house.  I noted in my complaint that Codes and Covenants ran with the property and it was up to the property owners to vote to change the Covenants and the city did not have the power to ordinance away the covenants.  Covenants were put into place to protect the property owners investments and assets.  To Councilmember Reppe’s un-named constituent, you can sue for lost value.  The council was warned and went ahead with the variance in spite of the warning.  I believe there may be a liability against the council for allowing the Sh**house variance. In last night’s meeting, Finance Officer Jurrens offered up a legal opinion (19:05:57).  Sorry madame bookkeeper, your alleged degree is in bookkeeping not legal opinions.  To Councilmember Reppe’s constituent and my Numsen’s Addition neighbor, upon your request I will give you copies of my research.  By the way, I do believe any resident has the right and ability to file a complaint on the Sh**house.

Item #6 Department Head Updates –

Streets-Lonnie Johnson (absent) Chip sealing – advertising of Bid date  03/01/2021 6:15 pm

Hire Cash Hemmingson for Snow removal, Shop and Street Maintenance-???how many bodies does the city need for snow removal??? Call for Motion.  Motion was made by Councilwoman Kay, seconded by Councilwoman Reppe,  discussion question asked to amend start date with an immediate start date of February 2, 2021.   Motion was amended by Councilwoman Kay, seconded by Councilwoman Reppe, no discussion and a unanimous vote X5 ayes to amend the motion.  Call for motion returned to original question to hire Cash Hemmingson at $11.00 per hour for an immediate start date of  February 2, 2021.  Councilwoman Kay made the now amended motion, Councilwoman Reppe seconded the amended motion, with no further discussion the council voted X5 ayes to hire Cash Hemmingson at $11.00 per hour starting February 2, 2021. 

Shop Computer – Aw the shop computer crashed.  So FO Pat went shopping for a shop computer.  Where did FO Pat go out for quotes, why to her good bud Applied Software Beresford? So does Alcester get a friends and family discount from Mr. Monson?   Somehow I don’t think the $1216.00 price tag is a discount, do you?

Cemetery – No update

Water – Pumps have been installed

Police Dept – Police Chief Conference  Approval to attend Police Chief’s Conference. Council approved Police Chief Christie’s travel to the conference.

Police Chief vest purchase-Council approve purchase of vest for PD.

Golf Course -Trade in golf cart.  Phasing out and Trade one Yamaha for the purchase of One EZ Go Golf cart spending up to $2000.00.  Motion was made by Councilman Larsen, Second came from Councilwoman Talbott with the Mayor wandering off topic to some sort of Lift. Finally came back to topic for unanimous vote .

Library – Councilman David Larsen gave a summary of the Summer Reading Program.

Item #7 – Mask Policy  “Ordinance vs. Recommendation vs. Resolution Discussion related to do we do an Ordinance, do we do a Recommendation or do we do a Resolution?  The Consensus landed on a resolution.  Mayor Haeder called for a Motion to approve the 2021-03 Resolution, Councilwoman Kay made the motion to approve the resolution with implementation as soon as published.  Councilwoman Reppe seconded the motion, no discussion and with 4 ayes and 1 no from Councilman Larsen.  (00:00:00)  As soon as published, I was told the website was up and running.  In fact I pointed out we publish on the website.  In fact I believe the city is require to publish notifications on the website if we have one.  No response. Telephone call was made to Attorney Sam Nelson at 7:16 pm. for advice on the Resolution.  Dare I ask what that phone call cost?

Item #8 – Employee Bonus discussion Yup there it is.  Longevity/Performance Base Bonus Discussion.  Now folks while I sat listening to the presentation by Councilwoman Kay, it was hard not to chuckle at several points she attempted to make.  Going back to a time as she was hawking Bambee HR, she stated she/council did not know much about Human Resources takes me to a question she asked me when she was practicing her Legal Badgering Skills 101 on me, “Do you know how to read?”. 

          My response then is the same as it is now, “Yes very well!”  So madam you write you worked your way up in janitorial skills, from toilet processing to management of employee scheduling, sales, customer phone relations, and processing bids for services.  Additionally in your linked auto-bio you allege you, “… completed a Human Resources training course and Dealing with Difficult People course climaxing in protecting employees rights while maintaining the integrity of the company…” Wow!  So according to your proposed bonus performance review techniques, given the manner with which you dealt with me and I as your employer (tax payer) I should be able to score you on your performance, Right?  So let’s see what questions might I ask.  You see when I got the agenda about bonus discussion, I did my research.  I think taxpayers would like a preview of questions they might like to ask.  Shall we?  So Councilwoman Kay, did you protect my rights during the Great Badger inquisition?  Did you deliberately lie to the other council members to make your case?  Did you perpetuate a deliberate lie by administrative staff?  Did you or did you not make a false swearing with regard to the above listed questions?  That’s okay, I don’t expect an answer.

Item #9 – Finance Office Updates Alternate garbage route- so now the residents must tote their garbage across the street.  Really why not a central pick-up dumpster with a discount for residents who are willing to haul their garbage and/or their disabled neighbor’s garbage to the central dumpster.

2020 Audit-Approval to pay the bill.

Board of Equalization meeting- March 15, 2021 6:00 pm

Virtual District Meeting March 18, 2021, 5:30 pm

Reminders and Updates

Item #10 – Community Building – notation the builder took the liberty of changing the 8 foot garage doors out for 12 foot doors. 

Item #11 – Volunteer Roster- No Update

Item #12 – Executive Session 1-25-2.1 Personnel  AGAIN Call for motion, second, no discussion and unanimous vote.  Executive session commences at 7:51 p.m.  Those staying in executive session were Councilman Larsen, Councilman Ireland (via telephone et al), Councilwoman Kay, Councilwoman Reppe, Councilwoman Talbott, FO Patricia Jurrens, employee Wanda Halverson, Police Chief Jeff Christie, Police Officer Austin Schuller and Mayor Header. 

Newspaper reporter Gordon Richard, Employee Peeples and Vickie Larsen left the room.  Mr. Richard and Ms Peeples left the building while Vickie Larsen remained in the hallway. Interesting watching the group and the body language, like watching a silent movie.  The police officers left the executive session at 8:13 pm approximately 22 minutes after the commencement of the session.  The executive meeting continued on until 8:37 pm when it was declared out of session.

Item #13 – Adjourn at 8:38 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

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

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

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.

06/01/2020 A Voice From the Gallery

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.

05/04/2020 A Voice From the Gallery

* council meeting in auditorium- acoustics are terrible and it is increasingly hard to hear because the mayor mumbles and is inaudible from the distance we are required to sit. The council needs to add at least three microphones, one each at the east side council table, the south side council table and the west side council table, so the gallery can accurately hear our council members.  Note I added captions to help identify some of the agenda items.

Mayor Glas called the May 4, 2020, Alcester City Council meeting to order (kind-of) at 6:00 p.m. with the following council members present: David Larsen, Melissa Kay, Linda Talbott, Darla Reppe, Dan Haeder and City Attorney Sam Nelson reciting the Pledge of Allegiance.

The group approved the agenda, no discussion and a unanimous vote of five ayes approving the agenda. Then they went on to approve the minutes of April 4, 2020, and April 15, 2020, again with no discussion and a unanimous vote of five ayes to approve the minutes without change.

The Beck Drive gas line issue was addressed and voted to pay the $4750.00 bill to run gas line to Mike Burke’s newly purchased lot. Again a little discussion but with a unanimous vote of five ayes passing the issue.

Warrants were called (the bills of the city) with a motion, a second, no discussion and a unanimous vote of five ayes passing the payment of warrants as listed by Bookkeeper Pat Jurrens.

The council adjourned the old council at 6:05 p.m. with a motion, a second, no discussion and a unanimous vote of five ayes to adjourn.

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

Mayor Glas opened the new meeting.

Agenda Item #2 Ward II vacancy interview of candidate Austin Schuller. The motion was made and seconded to go into Executive session to conduct the interview, Finance Officer Patricia Jurrens was asked to leave the meeting prior to the commencement of the interview. There was no discussion and the group voted unanimously five ayes to go into Executive Session at 6:07 p.m. The council was declared back into session at 6:18 p.m. No motions were made, no decision made and no business was conducted with reference to Mr. Schuller’s request for council seating in the vacant council seat in Ward II.

Agenda Item #3 The election of Council President and Vice President of the city council. The Council President takes over when the mayor is incapacitated, absent or resigns with the Vice President in stand by position. Dan Haeder moved to appoint David Larsen as council president, second, no discussion and the vote was 4 ayes and Councilman Larsen abstained from the vote. The vote affirmed the appointment of Councilman David Larsen as President of the Alcester City Council.

David Larsen moved to appoint Dan Haeder as Vice-President of the Alcester City Council, seconded, no discussion, with 4 ayes and Councilman Dan Haeder abstained from the vote. The vote affirmed the appointment of Councilman Dan Haeder as Vice-President of the Alcester City Council.

Agenda Item #4 Mayor presents Committee assignments. Mayor Glas handed out his/FO Pat’s (overstep by FO)committee assignments of the city council members. Councilwoman Melissa Kay took issue with the logic and implementation of the committee assignments. Mayor Glas appears to have used the lottery system of assigning committee memberships, you know where the little cubes with councilmember’s names are shaken up and the first three names that roll out are on that particular committee.

Mayor Glas was irritated that his logic was flawed and he started to pout.  A-w-w!

Agenda Item #5 ROC Transport – No show, evidently they do not want our business!

Agenda Item #6-AMKO-No show. Finance Officer Pat ‘explained’

Agenda Item #7-Public Input-I had public input. The Contract Variance of Lance Johnson, former councilman. I presented the council with a Variance Case #20107, Don Hamerly v The City of Lennox. Mr. Hamerly was represented by Larry A. Nelson of Frieberg, Rudolph & Nelson. Gee I understand that is the father of our City Attorney Sam Nelson. This where the court agreed with Mr. Nelson’s argument and found for Mr. Hamerly. So with that precedent why did our city council allow the contract variance of Councilman Lance Johnson?

     I also presented the council with Headlines of a case which happened in Alcester with regard to re-call of the mayor. I explained to the council the first Headline section dealt with the signed petition for the recall of Alcester Mayor Kim Shefte, the second Headline section involved the news our petition was kicked out because it was not specific enough and finally the third Headline section dealt with the fact where we (the petitioners) edited the petition so that it was specific…collected signatures and re-presented our petition to the council when Mayor Kim Shefte resigned. I was asked the question is this a threat and my answer was no- a promise.

Agenda Item #10 Garbage Collection- Loren Fischer wanted to permanently continue the one-side pick-up. This is a problem for our less agile population and just a pain in the neck for the rest of us. If nothing else, we could have a central dumpster and toss our own garbage into the dumpsters. FO Pat responded that those from outside the city would be dumping into those dumpsters, I responded they already are. Council voted to do the one-sided pick-up just during the spring soft street months.

Agenda Item #23 ADJOURN

                   Council adjourned at 8:42 p.m.

04/06/2020 A Voice From the Gallery

On April 6, 2020, Mayor Glas called the April 6, 2020, regular meeting of the Alcester City Council to order in the Auditorium Gym with Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson present. The reason for the meeting’s move to the Auditorium Gym was to adhere to social distancing due to the Coronavirus pandemic. Please forgive the sound quality, no microphones for the council so the only microphone was that of my video camera. Some of the meeting may be a challenge to hear or comprehend because of the acoustics.

The meeting opened with the Pledge of Allegiance, followed by Agenda approval with no changes to the printed agenda. I would like to note here, the approval included a motion, a second to the motion, no discussion* and unanimous* approval of the four city council members.

Agenda Item #4-Approval of the minutes of March 2, 2020, and March 16, 2020. Again motion, second to the motion, no discussion, and unanimous approval of the four city council members.

Agenda Item #5 – Executive Session for interview of candidates vying for Ward II and Ward III vacant positions. Motion, second to motion, no discussion and unanimous approval. Executive session commenced at 6:03 p.m. I had put my name in for Ward III, Dan Haeder put his name in for Ward III and no one showed up for Ward II vacancy. I was given the first interview spot.

I stood up and moved forward toward the council. I did turn my video camera off, although my first instinct was to leave it on because it was my interview, I had no need for secrecy in my responses to questions and the public might be interested in what exactly goes on in Executive Session (at least for interviews).

As three people in the gallery left the room at 6:03 p.m., I announced there would be no need for Assistant Finance Officer Wanda, Finance Officer Patricia Jurrens or Alcester City Attorney Sam Nelson. As soon as these three had exited the room, I began to speak to my qualifications for Alcester Councilperson. I described my education, a few of the positions I have held in the local area CERT, EMS, Girl Scout, and Business Owner to mention a few. I specifically mentioned I was a business owner and would be an asset in the sense I had experience with employees, Human Resourcing, accounting, payroll specifically mentioning the two computer accounting programs I had used in the past.

After I finished my curriculum vitae, I responded to questions from the mayor and four council members. Councilwoman Melissa Kay started off with the question what would I change or bring to the city. I spoke to live-streaming all council meeting and selling city rental properties to get the property back on the tax rolls. I mentioned the four-plex, explaining it was never meant to be owned in perpetuity by the city and off the tax rolls. As it sits right now, we collect no taxes from the four-plex and it has reached a phase where it needs upgrades which will come out of taxes. The rents in the four-plex cannot keep up with the expenses as it sits right now. In addition because the construction of Beck Drive (Pat’s hobby horse) cost the city somewhere between $200K and $300K and over the years of that expense, only two or three lots have been sold so the city has not paid any principal, just interest and pay-off time is quickly approaching. Minimal lot costs are increasing just to maintain the interest payment. Really? The residents of Alcester are being expected to pay for Beck Drive where nobody is living and paying taxes while our streets are floating into the storm sewers.

I spoke to encouraging and building up main street businesses. I spoke of governor’s houses to replace and upgrade housing on the west side of Alcester. The city has the ability to purchase these homes, site them and re-sell them which will improve home values on our west side recapturing taxes to work on the infra-structure.

I spoke to developing a program to involve our students in local government, to educate them in the proper way to govern and know what they can do to participate in their local government.

Councilman David Larsen posed a question on my position about firing employees and I assumed he was referencing one specific employee. I answered his question that I would not necessarily fire that employee but I would definitely define and close the parameters of that employee’s job description. A follow up question on if I were to be appointed and in relation to my blog about any discussion of that employee which I took to mean Finance Officer Patricia Jurrens. I responded I could not nor would I discuss any employee in public venue as a Councilwoman on the Alcester City Council.  However and not part of my response to Councilman Larsen’s query, I would not tolerate the continued employment of a Finance Officer who violated state and local laws.

Mayor Glas, Councilwoman Reppe and Councilwoman Talbott had no questions for me. In fact Mayor Glas did not want anymore chit-chat on my qualifications, but I did understand why. My interview closed at 6:25 p.m. and I left the room. Immediately after I left the room, Alcester City Attorney Sam Nelson was called in for a question.

At 6:25 p.m. Dan Haeder was called into for his ‘interview’ and five minutes later he was out of the Executive Session. Imagine that! No wonder Mayor Glas asked no questions of me. Folks, the decision was already a done deal before I ever walked through the door. In fact I surmise it was a done deal upon closing on the house on Park street. You see folks the council is not interested in what I could do or bring to city government, they do not care what actual experience I have, how many city council meetings I attended BEFORE I put my name in for council seat, they just want to protect Finance Officer Pat Jurrens no matter what violations she has accrued or short cuts she has taken or will continue to take.

At 6:33 p.m. Pat wasted no time swearing Dan Haeder into office to do her bidding. There, however, is a problem when Dan Haeder was forced to resign his Ward II seat, he no longer occupied the position of president of the council. He must be elected to that position, so the vice-president of the council has moved into the position of president of the council.

Agenda Item #6-ROCS Transport Service-no one showed up

Agenda Item #7-Public Input

Council skipped over this to Open Chip Seal bids, (06:40:00) I called point of order that the council was not following the agenda. City Attorney Sam weighed in with an opinion the Council does not have to go by the agenda. I argued the council approved the agenda (02:04:00) without change or addition, therefore they were obligated to follow the agenda order. There was an opinion that the bid opening was scheduled for 6:30 p.m. and the council had to abide by that. I argued since the bidders were not there in person the agenda time was not sacrosanct and the delay was marginal.

Agenda Item #8 – Seal Coat bids opened. I find it deplorable Mayor Glas feels the need to comment on a specific bidder i.e. referencing TopKote bid, “…You’re going to like this (07:58:00…), yet I was not supposed to critique the Finance Officer’s Failures. Or, “… TopKote must not want the business…) from newly appointed Councilman Dan Haeder (08:47:00)  Folks if we allow our council to make comments such as these, we will earn a deplorable reputation. Motion to accept Road Guy bid at $1.70 square yard, second, discussion none and unanimous vote X 5.

Agenda Item #7-Public Input- I spoke of the necessity of closing the pool and summer recreation. (11:54:00) Listen closely, then do your own research. Council members and Finance Officer Jurrens who has been allowed to respond in a pseudo council member position on any and all subjects. Finance Officer Jurrens only has the ‘expertise’ to comment on computer viruses and Pat-demics. Yes, Patricia Jurrens was seated as a city council member from Ward I pushing her agenda of recycling, I often wonder what  she was recycling, she then voted to not appoint Finance Officer Kezar because he would not spend down city accounts to suit her.  After her vote to fire the Finance Officer, she applied for his job.  So Folks, she is not a member of the council! (12:45:00 through 14:54:28). Councilman Haeder brought up a question concerning Peace Lutheran and Easter Basket deliveries. According to Finance Officer Jurrens, she took it upon herself (over-stepping position yet again) to call parents, asked them for their concerns on this community outreach and voiced her opinion. (18:10:13) Yo, Pat-demic the bookkeeper’s opinion does not count. I did not hear you asked parents about the hot lunch program for the students and their concerns. Preparation for lunches and Easter baskets would have the same handling precautions. You insult us!

Agenda Item #9 – Wastewater- (21:07:00) Translation by Finance Officer Patricia Jurrens.

Agenda Item #10 – Streets- (21:16:00) Translation by Finance Officer Patricia Jurrens.

Agenda Item #11– Police Department – Chief Christie delivered a recap of the month on his own and without Pat-demics translation. Motion to purchase a new police vest for Austin, second, discussion none and unanimous vote X 5.

Agenda Item #12 – Golf Course – Hire of Golf Course Manager-Motion to hire Deb Braaten at $12.50/hour, second, discussion none and unanimous vote X 5.

Agenda Item #13 – Legal Updates –

SDML request for city governments to issue a letter to Governor Noem regarding a state of emergency. Mayor Glas wanted to shirk his duty with his comment he signed the letter because it did not mandate him to close down businesses in the city due the Pandemic Covid-19. (32:10:00) The next interminable semantic discussion of the difference between the verbs of ‘shall’ and ‘is’. They forgot the ‘pixie dust’ sprinkling of; shall vs. should, shall vs. may, shall vs. will, shall vs. mandatory and etc. Then the council moved on to the definition of the noun ‘premises’. Oh and lest we forget the definition of Misdemeanor II and what fines the city should charge—$122.50 or $25.00 per incident. City Attorney Sam’s Robert’s Rules of Order comment (1:11:00:57) is telling. The council conducted the First Reading of the Ordinance 2020-04 with two amendments and projected effective date of August 30, 2020. Amendment of page 4-motion to amend, second, discussion none, unanimous vote X 5, Amendment of Section 5, motion, second, discussion none unanimous vote X 5 and finally the First Reading of Ordinance 2020-04, motion, second, discussion none and unanimous vote X 5.

Executive Session-Legal Counsel Motion, second, discussion, unanimous vote X 5. In Ex Session at 7:50 p.m. and out 8:02 p.m.

Beck Drive-gas line discussion on gas line billing, trying to figure out where the gas lines and other utilities Lee Drive area.

Agenda Item #15 Goodwill Great Plains Shredding- OH a favorite near and dear to Pat-demics heart. Councilwoman Melissa Kay (01:29:55) comment on historical documents statute of which Pat-demic was ignorant. Should have had the counsel of SDML on that one.

Agenda Item #16 – Pleasant Hill/Landfill Update ARE YA KIDDING ME? (Freudian slip, a bad pun in agenda labels or obituary?) Land fill is open Monday and Thursday Evenings 5p.m. to 7p.m. Saturday 8 a.m. to Noon.

Mayor has to potty 8:20 p.m.

Agenda Item #17 – Finance Offices Updates. Dumpsters on Friday.

Quam & Berglin Warrant, closing, costs and purchase price $15,368.25. Discussion of council (01:47:00)whizzing and moaning about purchase the building to house the police department and have the remodel and repairs several times the cost of the purchase price. Motion, second, discussion none, unanimous vote X 5

Police Charger revised First payment $3995.66 Motion, second, discussion none unanimous vote X 5

Warrants-motion, second, discussion none unanimous vote X 5

HR Human Resources – (01:57:08.93)Bambee I have to assume the council after reading the fine print decided Bambee was too expensive. But it was decided to form a committee of three, Councilman Dan Haeder, Councilwoman Melissa Kay and Employee Pat Jurrens. Yeah right Pat-demic deciding if two misdemeanors or if bloating comp time claims are a firing offense.

2019 Annual Report- discussion on water fund mandate. There is a protected minimum of $59K hold back/reserve but as usual Pat wants to spend it down to nothing . (02:13:26) Council take back your powers, Finance Officer is not elected, she is not your equal, she is just a bookkeeper! Motion to approve the 2019 annual report, second, discussion, unanimous vote X 5.

Destroy records– 2001-2005-Motion, second, discussion none, unanimous vote X 5.

Amko approval– special meeting Bond People April 15, 2020, 6: 00 p.m. Motion, second, discussion none, unanimous vote X 5.

Continued discussion of Covid-19 – put up posters use park at your own risk, advertisement in the paper versus close park, park shelters, swimming pool–No decisions.

Golf Course – Food to go only. No bar.

Finance Office Open/Close– FO Pat Jurrens wants to work from home. Where is oversight on that one. How are people going to access building permits, pay bills, and etc. Oh I know an operating official website which will take payments. Councilwoman Melissa Kay asked about this. (2:37:49.27) Furlough Wanda, Keep Finance Officer Pat in the city office with the half-door locked and with a plastic drape over the top of the half door. No brainer! City business essential.**

Reminders and Updates–

Clean up April 10-27, 2020

HRC-meeting coming up

Fair Board-06/01/2020 fair cancellation date

Alcester Community Building- architect to redraw- Leave out the Finance Offices and council room because size-wise the city gains absolutely nothing–Keep the city offices down town.

Volunteer roster-none

Agenda Item #22– Executive session personnel

motion, second, discussion none, unanimous vote X 5.

9:45 p.m. in session with Attorney Nelson but without Pat Jurrens or Wanda.

10:06 p.m. out of executive session

no business coming out of executive session

So another secret session to appoint another council member?

Agenda Item #23 Adjournment

Motion, second, discussion none, unanimous vote X 5. 10:08 p.m.

*Note the number of actual discussions for each Motion and note the number of unanimous votes for each Motion.

**Long, un-researched discussions outlasted camera battery.