Tag: www.avoicefromthegallery.com

07/19/2023 II A Voice From the Gallery

WAKE THE TOWN AND TELL THE PEOPLE

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

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

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

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

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

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

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

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

07/19/2023 A Voice From the Gallery

“There is no grievance that is a fit object of redress by mob law.” *

Abraham Lincoln – January 1838 

*richrokicki. “Is This a Time like No Other?” Carrier Law, 13 Sept. 2020, http://www.davidcarrierlaw.com/is-this-a-time-like-no-other/. Accessed 19 July 2023.

It would seem that our beautiful little community has been infested by tramps and theives! I have a button which states Make Alcester Great Again Fire FOPAT and I will be wearing it whenever and where-ever.

FO Pat refused to hand over the keys to the city of Alcester when Mayor Lukas Driesen asked for them. FOPat is insubordinate and refuses to do her job. When she recognized her continued status as city bookkeeper was in danger, she called upon what few friends she had to support her. How did they do that, well Blitzed Barstool Betty, California Karen and Nurse Ratched and a couple of hangers-of-men decided to rant and rave out in the hallway during executive session. Barstool Betty waving at the council while it was in executive session and make use of her middle finger flipping ability and still stand up. G-o-o-l-l-y ya’ll wonder if there some sort of condition arising out of oil paint which causes that stumbling effect, although I never saw that behavior from Bob Ross. And of course California Karen who allegedly threaten to audit the entire council referring to her alleged past profession as an auditor for a movie studio. WOW an auditor for Mickey Mouse. There is something to ‘Crow’ about and then there is Nurse Ratched whose main purpose in life appears to be the resident city office chair warmer and Neighborhood Rat at FOPAT’s desk. M-m-m what was it she said? Oh yeah she was giving FOPAT advice,

“…we know someone sold you out, and when we find out who that somone is…we will make them pay dearly for it…*

*“Ratched Quotes.” MagicalQuote, http://www.magicalquote.com/series/ratched/. Accessed 19 July 2023.

Now is the time for the residents who are desparately tired of paying for FOPat’s errors, abysmal failures and general laziness to act en masse and fire FOPAT!

Please reach out to Mayor Lukas Driesen, thank him for his service and support his continued presence as mayor. We will not tolerate any and all threats towards him or his family. Footnote the video will be up and soon as I can so you all can see for yourselves. Vickie A. Larsen

06/05/2023 A Voice From the Gallery

“…Lawsuit, n. a machine which you go into as a pig and come out as a sausage…”

Ambrose Bierce -The Devil’s Dictionary

The  June 5, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle,  Councilwoman Cyndi Peeples  and Attorney Austin Felts present. The council and gallery recited the Pledge of Allegiance. 

(00:00:44.80)  AGENDA ITEM #3 – Approve Agenda –   Vote X 5Ayes.  Motion passed.

(00:01:12.00)  AGENDA ITEM #4 – Approve Minutes of May 1, 2023 and May 15, 2023.  No additions or corrections      Vote X 5 Ayes Motion passed.

(00:01:36.93)  AGENDA ITEM #5  –  Open Council Seat Ward I Interview.  No applicants for Ward I at meeting.  No action taken.

(00:01:46.10) AGENDA ITEM #6 – Community Center/Golf Course 

          ⇒Landon Nygard presented the updates with figures on profit/loss  statement. 

          ⇒Rick Schempp was hired as part-time greens-keeper at $14/per hour.

          ⇒Wage discussion (0:07:42.50) regarding clubhouse wages: a movement from full time position to part-time position, less than full time hours one week and over-time the succeeding week with payment of wages averaged out over the two week period and the ensuing payment/benefits complaint lodged by the involved employee. WARNING! WARNING!  Finance Officer’s manipulation of over-time math in this instance smells like a lawsuit. Motion was made by Councilwoman Reppe, seconded by Councilwoman Hatle and unanimous vote X5 Ayes to favorably adjust Rhonda’s wage retro-active to April 29, 2023.         

(00:18:47.80)  AGENDA ITEM #7 – Public Input

          (00:18:55.27) VICKIE LARSEN INPUT –

⇒I started my input with the advice when the city responds to a wage complaint they should have the complaining party sign a waiver that the complaint remedy has been mutually agreed upon.

⇒I addressed input on the recent charges of wire fraud against an local accountant with the question did this individual audit the city’s books? 

⇒With the resignation of Mr. Richards as reporter for the local paper and my increase in traveling, the city is without “window washers” to expedite transparency, I asked about the status of live-streaming the council meetings.  I was told it was in progress upon the purchase of a camera suitable to live-streaming capabilities.

⇒I asked about the status of the lawsuit FCS brought against the city and Rhodes family.  City Attorney Austin Felts indicated he could not answer my query due to the ongoing status.

⇒I asked the members of the Alcester City Council be apprised of a listing of all vendors contact between them and Finance Office Patricia Jurrens.

⇒Finally I asked the new members of the Alcester City Council be provided  ALL materials which will they will need to make their decisions, access to all passwords needed to fact check, audit and over watch all departments within the city of Alcester, the members of the Alcester City Council be made aware of the Mayor’s right to have possession of all keys to all city buildings, edifices, offices and grounds and the make sure those keys have been supplied to him by the Finance Officer and over-see that any directions given to the Finance Officer by the Mayor are duly carried out in a timely manner.

          It was my purpose to let the council know the extent of their power and control.  As I spoke to the above issues I stressed the duties, privileges and the right of the mayor as well as I touched briefly on the duties, privileges and rights of the council members.  Alcester is an aldermanic form of government through and by a mayor and in our case a six (6) member council. There is a mayoral-appointed, council affirmed finance officer (bookkeeper) and most assuredly not a city manager no matter how many times she closes her eyes and clicks her heels!  South Dakota is an at-will state where, “SDCL 60-4-4…An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute…”

          (00:25:05.83)  HRC JARED DRIESEN INPUT Covered housing projects and opportunities, financing those housing projects beyond the two local entities of the Industrial Board and HRC.  Keeping up with demand and creating a choice for all income levels. 

(00:39:48.67) Councilwoman Kendra Hatle asked about Beck Drive, its inception and course of construction.  Ms Councilwoman Hatle, Beck Drive Inception began somewhere around Councilwoman Patricia Jurrens’ appointment to Finance Officer. Upon her appointment as finance office Ms. Patricia Jurrens along with Mayor Tom Glass bolted from the gates of the their Alcester soapbox derby of Beck Drive sometime prior to 2015.  On or around June 2, 2015, it was announced by the soapbox derby duo Glass-Jurrens that work on Beck Drive was schedule to begin on Wednesday, irrespective of a bond in place.  So how was the city going to pay for this work, by selling off lots bordering Beck Drive you say?  Around August 2016, the first interest payment on Beck Drive is due soon, and Gee Whiz NOT ONE LOT has been sold to cover the interest payment.  So how much of the HRC Fund is remaining to cover regular wear and tear maintenance on the Four (4) plex AND Beck Drive construction cost…Whose hobby-horse was Beck Drive?…Why Mayor Tom Glas and Alcester Finance Officer Patricia Jurrens spending the city’s money and leaving the west side of town hauling their own water and watching their streets collapse into gravel-filled pot holes.

(00:41:06.13)  AGENDA ITEM #8 – Police Department  Chief Jared Thompson

          (00:50:11.73) Motion was made, seconded and voted unanimously X5Ayes to hire John Krebs part-time investigator at $19.38/hour.

(00:50:52.63)  AGENDA ITEM #9 – Planning & Zoning Fences  Fencing discussion.  Draft of Ordinance to be provided by Attorney Felts.

(01:02:45.40)  AGENDA ITEM # 10  –  Snow Removal  Issue of city responsibility for snow removal damage.  Issue was a hold-over from last meeting, it was discussed and allowed to die from lack of motion.  No action to be taken.

(01:08:55.37)  AGENDA ITEM #11  –  Legal Updates  Attorney Felts had nothing to present.

(01:09:10.90)  AGENDA ITEM #12 – Fairgrounds  Update on Fairgrounds issues.  Discussion on certain negotiation and a conflict of interest issue as it relates to a commissioner.  Issue at large, the city cannot sell a street.  Street in question?  Clark Street which FCS and Mr. John McDaniel is lusting after. On May 30th, 2023, the county commissioners addressed the sale of railroad land to Farmers Cooperative Society…Resulting vote… per 05-30-2023 Union County Commissioners meeting minutes.

          ” Motion by Dailey, second by Kimmel to surplus (repost) fair property the  strip of land along the railroad: Union County Tract 3 Railway Addition in the NE ¼ of Sec.28, Twp 95N Range 49 W 5th P.M In Alcester SD. Discussion. Dailey and Kimmel voting aye and Joffer and Headid voting nay. Motion Failed…”

           (01:21:54.97)  ERROR CORRECTION ON STREET INTERSECTING  IOWA STREET.  IT IS SOUTH STREET NOT 209 STREET.

(01:26:50.97)  AGENDA ITEM #13  –  Street Parking  Discussion.  No action  taken.

(01:50:53.67)  AGENDA ITEM #14  –  Bill Approval 

          Motion was made, seconded and unanimously approved payment of the IPT Invoice for $155,610.00 construction services.  Vote X5 Ayes.

          Motion was made, seconded and unanimously approved payment of the Banner Engineering invoice for $6318.08 Engineering Services.

(01:52:19.73)  AGENDA ITEM #15  – Finance Office Updates

          (01:59:45.33) PLAT MAP OF LIND SUBDIVISION AS RENDERED BY McLaury Engineering.  Get FOPat’s comment, “…in the near future, WE WILL BE APPROVING the final plat…”  Yo FOPat you do not get to approve anything, you are just the bookkeeper.   My first thought is why in Hades, is the city going back to this engineer on the Bungler Express.  This is the engineer they hired to do the SRTS (safe routes to school) which was bungled and cause flooding for a resident and resulted in a lawsuit to make the flood victims whole again.  Now he is doing a survey.  Folks if you are not familiar with the area, do a drive-by.  Note the significant drop in elevation from the road bed, note the water pathway which cuts its way across the SW tip of the Subdivision.  Now it is going need fill and infrastructure.  It has a straight-line track down first street to the sewer system access.  Take a good look at the travel point and the First street condition.  Consider the cost of sewer, water and electrical access to these homes.  Add in the possibility of some sort of lift station or intermediary transfer of waste materials.  Wanna Guess who is going to pay for this Crapalachian Trail.  Think of those folks on the West side of town whose sewer system could be have been the left-over clay from clay pots of our cave dwelling predecessors. I sure hope a strong feasibility study takes a good long look at all the infrastructure involved in this project. 

          (02:04:08.83)  Warrant approve.  Motion, second, and unanimous approval of the May warrants.  Vote X5Ayes.

(02:07:19.57)  AGENDA ITEM #16 – Executive Session.  Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilman Hedden, vote X5 Ayes.  Council in executive session at 8:08 P.M.  Council out of executive session at 9:01 P.M.    NO ACTION TAKEN

(02:08:51.47)  AGENDA ITEM  #17  – Adjourn  9:01 P.M.

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Kyle VandenHul – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

05/15/2023 A Voice From the Gallery

The company accountant is shy and retiring…She is shy of about a quarter of a million bucks…that is why she is retiring.

Milton Berle

The  May 15, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, , Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle.  Austin Felts was the Attorney in attendance with Councilwoman Cyndi Peeples absent. The council and gallery recited the Pledge of Allegiance. 

(00:00:39.27)  AGENDA ITEM #3 – Approve Agenda –   Vote X Ayes.  Motion passed

(00:01:03.53)  AGENDA ITEM #4 – COUNCIL INTERVIEWS – Open seat in Ward I.  Executive Session SDCL 1-25-2.1     Not needed.

(00:01:11.50)  AGENDA ITEM #5  – Mayor Driesen presented his council committee assignments.

(00:03:28.07) AGENDA ITEM #6 – Public Input

          VICKIE LARSEN INPUT(00:03:37.30) I spoke to the need for all of our council representatives to have a city email by which their constituents could contact them privately without play “MAMA MAY I” with FOPat.  Residents of the council’s ward would be contacting their Ward representative directly.  Also the Council members would not be receiving emails on any business email accounts they may have. Thus protecting the privacy for both parties and in any unfortunate event that causing a subpoena to be served on a device of a council member, their business persona would arguably be exempt from that demand.

          I spoke to the profit/loss of the community center and the need to make sure the costs and debits created by the operations of the community center were INDEED attributed to the profit/loss of that entity and that if there was a profit that it included ALL costs to the operation and not was just ”crystals in the sun”.  I spoke to the  absolute need to separate the golf club from the community center.  This means ALL labor costs are on the separated books of the community center, all expenses for the community center are ON THE BOOKS for the community center.  This means there is NO picking up labor costs from the city general fund, it means all insurances, sales tax and use taxes are on the community center and are not taken from the general fund, that commensurate property taxes are assessed and applicable to the community center and do not disappear because the city is involved.

          THIS MEANS WHEN THE COMMUNITY CENTER  IS COMPETING WITH PRIVATE BUSINESS IT DOES NOT HAVE A FINANACIAL EDGE BECAUSE IT IS TIED TO THE APRON STRINGS OF THE CITY OF ALCESTER.   IT MEANS THE COMMUNITY CENTER STANDS ALONE WITHOUT ANY SUPPORT FROM THE GENERAL FUND WHICH IS FUNDED FROM OUR COLLECTIVE POCKETS.

I DEMAND A MONTHLY PROFIT/LOSS STATMENT WITH DETAILS ON THE COMMUNITY CENTER!

          I spoke to the credit card issuance for our police department.  The limit on the card for the PD Officer was at $500.00.  Now I believe the Finance Officer has her own city credit card and it has a limit of $1000.00 limit.  Now folks these limits are set and there should be no borrowing from the PD card to offset any over-usage in any “other” department which has slammed head-long into their limit just because they had the administrative power.

          I spoke to the trailer parked on Part street next to the pool.  I asked if the city owned that vehicle, ’cause FOPat has harassed residents for parking their trailers in the streets and threatened to tow them.  This trailer has been in that spot for 30 plus days, I believe the trailer belongs to the house on the corner across from the pool.  Is he going to move it?  I also spoke the proliferation of wood stacked in the backyard of that same dwelling.  Now FOPat has sic’ed ol’Geoff Fillingsness and his citation book on other residents with small piles of sticks but yet this yayhoo seems to get preferential treatment.  Really?

          Lastly I asked the status of the lawsuit Farmers Co-operative Society FCS launched against the city of Alcester in 2022  $CIV22-00048 (00:14:32.33) to which Attorney Austin Felts stated he could not comment as the lawsuit was still active and Attorney Sam Nelson was still involved in the disposition of the civil lawsuit.  My question is what is the hold up for this lawsuit.  I am going to ASSUME (me and only me) there is a conflict in coming to amicable terms, a whole lot of liabilities attached to the city, and now there is a whole lot of lawyer hourly billings involved.  We the people want to know!  What is the stale date on a civil lawsuit, boys?  Best I can tell is six (6) years but at what point after plaintiff filing does that time limit start, Huh?

          COUNCILWOMAN DARLA REPPE INPUT (00:08:52.87)  Councilwoman Reppe spoke to the no-man’s land between the ball fields, abutting properties and easements and whose responsibility for the up-keep.

          MAYOR DRIESEN INPUT (00:10:12.80)  Non-residents using the clean-up dumpsters.  Other discussion regarding the placement of a private party collection receptacle for metal took place.

(00:15:53.50)  AGENDA ITEM #7 – Legal Updates NO LEGAL UPDATES

(00:16:05.03)  AGENDA ITEM #8 – Police Department  Chief Jared Thompson/Office Kyle Kleinschmit  (00:16:13.87) Chief Thompson was up first and relayed an issue of mutual aid reluctance from the county.  (00:21:16.40)  Officer Kyle Kleinschmit took the podium to report and make a request.  He spoke to many issues involving part-time officer-wise.  He made the suggestion he would be amenable to becoming full time with stand-by capabilities but the hourly rate would have to increase.  Officer Kleinschmit spoke to being to all intents and purposes on-call on his off time hours which interfered with his other part-time job.  The city was aware he had another part-time job when they hired him and were ok with that condition of hire.  Officer Kleinschmit is willing to give up his other part-time employment for full time for the City of Alcester with the raise in hourly rate.

          I (Vickie Larsen) did comment to a past near calamity with 911 where the Union County Commissioners moved the minutes of September 23, 2014, reflect the Commissioners decision to file a lawsuit against the City of Alcester, the City of Beresford, the City of Elk Point, the City of Jefferson and the City of North Sioux City to recover unpaid fees for non-emergency dispatch services provided by Union County to the cities.  Outside legal counsel was sought by the Union County Commissioners.  This information was taken from the January 6, 2015, minutes of the Union County Commissioners and was later approved in the January 20, 2015, minutes as presented.  The 911 process was started in 2012 and culminated with the lawsuit which I believe was reported by Kelly Kruithoff for the Leader-Courier of Elk Point.

          Going back to the police department and paying them for their time.  If we continue to screw around with our law enforcement, no one will want to come to protect and serve our community.  Then we will have to resort to the old stand-by solution of law enforcement, the inflatable cop.  We can park the patrol car with the inflatable cop in the driver’s seat, then give FOPat the ‘job’ of blowing him up, inflating his ego and etc.  However we cannot inflate this officer with helium, ’cause we cannot afford to have a ‘high’ officer.  And we would be obligated to make sure in the summer he is in a cool dark place so the air does not expand and we have an on duty death of our inflatable police officer.  Yes, I already know I am irreverent.   

(00:44:34.77)  AGENDA ITEM #9 – Pool Employees  Hires  The council voted to hire Jaeley Christensen and Evan Brown as Lifeguards at a rate of $12.00/hour.  Additionally Ava Kingma was tentatively hired as Lifeguard at a rate of $12.00/hour upon successful certification.

(00:53:51.77)  AGENDA ITEM # 10–  Custodian  –    It was announced that our current custodian LeeAnn Haisch resign her position as city custodian leaving an

opening.  Councilwoman Reppe moved to advertise for the open custodian position, second to the motion came from Councilman Hedden, with no further discussion the group voted unanimously to advertise the open custodial position.

(00:55:11.87)  AGENDA ITEM #11  Credit card approval for Police Officer Kyle Kleinschmit with a limit of $500.00.  Motion was made by Councilman Vandenhul, second to the motion came from Councilwoman Hatle and with no further discussion the group voted unanimously to approve the credit card.

(00:55:38.57)  AGENDA ITEM #12 – Golf Course/Community Center    Discussion began with the question, do we want to sell the parcel with the old golf clubhouse?  Much discussion took place with the group ultimately tabling the question.  My vote would be No, Keep the land get rid of the building either by sale or give away to haul the thing away.  You never know when the land may be needed by the golf course, and the liability of a private enterprises so close to the golf course could prove costly.  Keep the land, get rid of the building.

LET THE COUNCIL KNOW WHAT YOU THINK!

          Next discussion and action point was the hiring of a cook and a waitress with the application of Danielle Ledgerwood for cook position at $13.00/hour and Ella Erickson vying for the waitress position at $7.42 per hours.  Motion was made by Councilwoman Reppe, second to the motion by Councilman Vandenhul and with no further discussion the group voted unanimously for hire these two individuals.

(01:07:48.60)  AGENDA ITEM #13  – Planning and Zoning  The great Fence conundrum, do we or don’t we.  Looking at five foot set-backs from the lot-line positioning, to on the line fence positioning and who takes care of the demilitarized zone?  This question was tabled to obtain more information.

(01:19:26.23)  AGENDA ITEM #14  – Snow removal repairs –  Discussion took place but no decision was made until Attorney Felts did some digging for information.

(01:26:39.90)  AGENDA ITEM #15  – Finance Office Updates

          (01:30:42.17)  Discussion regarding the open ‘shelter’.  My opinion is to get rid of it.  Tear it down and replace the tables with concrete tables which seat six spotted around the area as many parks have now established.  Upkeep is minimal.  (01:34:25.17)  Consolidation of the Pleasant Hill Cemetery CD’s.  Motion by Councilwoman Hatle, second to the motion came from Councilman Hedden with no further discussion, the group unanimously voted to consolidate the CDs from Pleasant Hill perpetual care Cemetery to one CD 60 months at 4.1%.  (01:40:08.03) Housing Study vote.  Motion was made by Councilwoman Hatle, second to the motion was made by Councilman Reppe with no discussion and by unanimous vote approved the expenditure of $2500.00.

(01:42:03.57)  AGENDA ITEM #16 – Executive Session if needed.  Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilwoman Hatle, vote X4 Ayes.  Council in executive session at 7:44 P.M.  Council out of executive session at 8:22 P.M.    NO ACTION TAKEN

(01:43:12.00)  AGENDA ITEM  #17  – Adjourn  8:22 P.M.

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe – Ward III            605-934-2602

Councilwoman Cyndi Peeples – Ward I             605-934-2096

Councilman Kyle VandenHul – Ward II            605-934-

Councilwoman Kendra Hatle – Ward III

Councilman Kerry Hedden –  Ward II

Patricia Jurrens                                                    605-934-2517

05/01/2023 A Voice From the Gallery

The  May 1, 2023, meeting of the Alcester City Council was called to order on May 1, 2023, by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, and Councilwoman Cyndi Peeples.  Austin Felts was the Attorney  in attendance. The council and gallery recited the Pledge of Allegiance. 

(00:00:45.33)  AGENDA ITEM #3 – APPROVE AGENDA –  Approval of the Alcester City Council agenda     Vote X2Ayes.  Motion passed

(00:01:19.47)  AGENDA ITEM #4 – APPROVE MEETING MINUTES APRIL 3,  2023 AND APRIL  17, 2023.     Vote X2 Ayes  Motion passed

(00:01:48.90)  AGENDA ITEM #5 – WARRANTS APPROVAL NO DATES GIVEN    Vote X2 Ayes.  Motion passed.

(00:02:09.47) AGENDA ITEM #6 -WARD III RESIGNATION LUKAS DRIESEN  Vote X2Ayes Motion Passed.

(00:02:54.47)  AGENDA ITEM #7 – ADJOURN OLD COUNCIL MEETING ICE PRESIDENT OF THE COUNCIL DARLA REPPE took over the meeting in the stead of President of the council, Lukas Driesen due to his resignation as Ward III council member to accept his election to Mayor of Alcester. Councilwoman Cyndi made the motion to adjourned with a second to the motion and with an affirmative vote the meeting was adjourned.   Vote X2 Ayes  Motion to adjourn passed 

6:03 P.M. Council adjourned

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

(00:03:32.00)  AGENDA ITEM #1 – OPEN NEW COUNCIL COUNCILWOMAN DARLA REPPE CALLED THE MEETING OF  THE NEW COUNCIL TO ODER AT 6:04 P.M.  It is to be noted here FOPAT once again failed in her duties which was to include an agenda approval by the new council in the agenda she provided to the council and presumably to the city attorney Austin Felts.

(00:04:01.73) AGENDA ITEM #2 – ADMINISTER OATH OF OFFICE TO MAYOR LUKAS DRIESEN  (00:04:59.00) NOTE FOPAT ACKNOWLEDGES IN HER ADMINISTRATION OF THE OATH OF OFFICE THAT LUKAS DRIESEN IS THE

DULY ELECTED MAYOR OF THE CITY OF ALCESTER!

(00:05:39.63)  AGENDA ITEM #3 – EXECUTIVE SESSION FOR COUNCILMEMBER APPLICANT INTERVIEWS 

          (00:06:05.20) MOTION AND SECOND FOR EXECUTIVE SESSION AND AFFIRMED.   COUNCIL IN EXECUTIVE SESSION  AT 6:06 PM

          6:06 P.M. TO 6:20 P.M. KENDRA HATLE INTERVIEW  WARD III

          6:20 P.M. TO 6:30 P.M. KERRY HEDEEN INTERVEIW  WARD II

          6:20 P.M.  COUNCILMAN KYLE VANDENHUL ARRIVES

          (00:07:28.53) COUNCIL BACK IN SESSION AT 6:44 P.M.

          (00:07:35.67)  APPOINT KENDRA HATLE TO WARD III COUNCILSEAT  Motion made and seconded to approve appointment of Kendra Hatle.  Appointment approved

          (00:08:03.43)  APPOINT KERRY HEDDEN TO WARD II COUNCIL SEAT.  Motion made and seconded to approve appointment of Kerry Hedden.  Appointment approved.

          (00:08:58.70)  Kendra Hatle – Oath of Office administration

          (00:10:04.73)  Kerry Hedden – Oath of Office administration

          (00:11:37.13)  Kyle Vandenhul – Appointment and Oath of Office administration.

(00:13:17.77)  AGENDA ITEM  NEW COUNCIL # 4–  ELECT COUNCIL PRESIDENT AND VICE – PRESIDENT         

          (00:13:41.77) President of New Council – Darla Reppe 

          (00:14:12.17) Vice-President of New Council – Cyndi Peeples

(00:14:43.13)  AGENDA ITEM NEW COUNCIL #5  PUBLIC INPUT

          (00:15:01.13)  PAULA FAGRE  (00:21:03.33) Additional information regarding the service of Ms. Fagre’s father Ron Manning and his dedication to the city of Alcester.

          (00:21:23.83)  GARY MCKELLIPS – financial accounting and spending habits.

          (00:25:43.10)  VICKIE LARSEN commented on street racing and grade school golf cart drivers without parent riding shogun.  Streaming cameras,     do we have them and where are they?  I brought up streaming in past meetings and no response.  Folks want to be able to watch the council meetings live without Facebook P.M. ranting after-the-fact, FO prejudiced ravings, mis-information handed out like Halloween candies and just plain withheld information or long lines in the city hallway during lengthy and unnecessary executive sessions.  Let’s talk about the cameras.   Councilwoman Reppe said there are cameras in the community center.  I asked if there were any cameras in the Council room?  After a long pause    FOPat answered yes, there was a camera in the city offices but only after hours.  Does that include the audio-eavesdropper Alexa or Echo?  I asked where the camera was located.  A hand motion toward the file cabinets on the west wall indicated the location of a camera.  There are no postings       warning of a camera in the offices.  How long has that little ol’ camera been sittin’ there?  Where does that little ol’ camera send all those video’s?  A-n-d can one log onto that little ol’ camera so she can watch the video real-time when she has been expelled from an executive session and sitting in the hallway with her nose in her phone?  Gotta wonder,  Trust?   Now let’s talk   about the ‘art gallery’   Is the city getting a commission on the sales of galerie d’art?  The answer I received is no, so who is paying for FOPat to act as curator for madame’s art?  Do we (the city) have a waiver of liability for all those object d’art in case something happens to them?  The answer I got was no.  So unless we (the city) get a waiver of liability, the art should be removed from the city offices and the event center!  In addition anyone else who wants to display their art should let the city offices know so arrangements can be made to show off their ‘art”

(00:29:51.90)  COUNCILMAN KYLE VANDENHUL comments of clubhouse profit and loss statements.  True and accurate figures.

(00:30:44.57)  LINDA TALBOT – city office cameras should be on all the time citing a time when Wanda was verbally abused.

(00:33:24.93)  AGENDA ITEM #6 – LEGAL UPDATES   ORD. 2023-05

          Approval of second reading of meeting date change.  Motion by Councilwoman Peeples, second by Councilwoman Reppe with no discussion vote X5 Ayes

(00:34:51.83)  AGENDA ITEM #7  – 5O5 OFSTAD AND 204 OFSTAD PARCELS           (00:43:23.97) Motion by Councilwoman Reppe, second by Councilman Vandenhul to approve sale of 505 Ofstad to HRC for $15,000.00 and the city provides the cost of utilities ($12,500.00) to exterior wall of the home. Vote X5 Ayes  Approved.  (00:45:11.43)  Motion by Councilman Vandenhul, second by Councilwoman Hatle to approve the sale of 204 Ofstad to HRC for $10,000.00 with the city to provide the cost of utilities ($10,100.00)to exterior wall of home.  Vote X5 Ayes  Approved.

(00:45:54.03)  AGENDA ITEM #8  – POLICE DEPT. – Police Chief Jared Thompson gave an update on the department concluding with the hiring of Kyle Kleinschmidt as full time police officer at $19.38/hour(00:52:46.27) VoteX5 Ayes –Approved and the hiring of Issac Sauder as part-time police officer at $19.38 /hour (00:53:21.30) VoteX5 Ayes – Approved.

(00:53:53.03)  AGENDA ITEM #9  ONE TIME BURN AUTHORIZATION –  Alcester Golf Course.  Motion by Councilman Vandenhul, second by Councilwoman Hatle, no discussion. Vote X5 Ayes.  Approved

(00:54:35.23)  AGENDA ITEM #10  SURPLUS PROPERTY 1994 TRIAX FLATBED           TRAILER  VIN 1828RC050445  (00:58:18.90) Motion by Councilwoman Reppe, Second by Councilwoman Hatle, no discussion.      Vote X5 Ayes  – Approved.

(00:59:02.63)  AGENDA ITEM  #11  PREMIER BANK ACCOUNT  SIGNERS  Vote X5 Ayes   Signers Mayor Driesen, President of the Council Darla Reppe, Councilwoman Cyndi Peeples, Finance Office Abbigail Moore and Finance Office Patricia Jurrens.

(01:00:57:10)  AGENDA ITEM #12 OLD AHHS BUILDING CITY OWNERSHIP  QUESTION TABLED

(01:02:22.00)  MAYOR DRIESEN EXCUSED HIMSELF FROM THE MEETING AND TURNED THE MEETING OVER TO COUNCIL PRESISENT DARLA REPPE.  7:40 P.M.

(01:07:39.53)  AGENDA ITEM #13  – GOLF COURSE CENTER –  Presentation of Rules (01:17:57.53)   Councilman Vandenhul explains  the pros and cons of signs to locate the golf course.

(01:23:32.53)  AGENDA ITEM #14  – FINANCE OFFICE UPDATES

          c) (01:26:15.83) Approve paying $81,410.40, IPT, WW Construction   Services, Secog, $15,000.00 Administrative services (sewer fund)  Motion Councilman Vandenhul, Second Councilwoman Hatle, no discussion  Vote X5 Ayes -Approved.

          d)  (01:28:35.83) Approve Motorola Solutions, patrol car radio  $7,859.25 General fund.  Motion Councilwoman Peeples, Second Councilman Vandenhul no discussion Vote X5Ayes, Approved.

          e)(01:29:51.70)  Approve Golf $5,000.00  2 golf carts trade.  Motion Councilwoman Hatle, Second Councilwoman Peeples, no discussion Vote X5 Ayes,  Approved.

          f) (01:30:57.27)  Approve ADG $1121.23 door repair expense shared with Industrial board.  Motion by Councilwoman Hatle, Second by Councilman Hedden, no discussion, Vote X5 Ayes  Approved.

          g) (01:32:09.77)  Approve SDML School for FOPAT and Abbigail Moore Finance Office.  No monetary amounts attached to the request.  Motion by Councilwoman Peeples, Second By Councilwoman Hatle, no discussion Vote X5Ayes  Approved.

          h)  (01:35:02.53)  2023-2024 Malt Beverage license.  Motion by Councilman Vandenhul, Second by Councilman Hedden, no discussion,   Vote X5 Ayes, Approved.

(01:39:26.30) AGENDA ITEM #15  – EXECUTIVE SESSION IF NEEDED NOT NEEDED

(01:39:34.43)) AGENDA ITEM #16 – ADJOURN 8:17 P.M.

Folks remember when you walk into the Alcester City Offices, SMILE YOU ARE ON PATTY CAM

Contact City Council

Mayor Lukas Driesen         

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Kyle VandenHul          605-934-

Councilwoman Kendra Hatle

Councilman Kerry Hedden

Patricia Jurrens                                  605-934-2517

03-20-2023 A Voice From the Gallery

The  March 20 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle VandenHul and Councilwoman Cyndi Peeples .  Attorney  Austin Felts was in attendance with Alcester City Attorney absent.  The council and gallery recited the Pledge of Allegiance. 

(00:00:36.93)  AGENDA ITEM #3 – APPROVE AGENDA –  Approval of the Alcester City Council March 20, 2023, meeting was amended with the deletion of Agenda Item #5 Community Center Update.  Councilwoman Cyndi Peeples moved to approve with the deletion, Second to the motion came from Councilwoman Darla Reppe.  Vote X3Ayes.

(00:01:21.03  AGENDA ITEM #4 – BOARD OF EQUALIZATION MEETING- Folks it is here where our legal advisor appears to have failed to advise Mayor Driesen on procedures and form. 

Form

  • The Mayor opens the meeting of Board of Equalization stating time and date.
  • Take notes of this meeting
  • Identify and Introduce applicant requesting change in assessment.
  • Identify the property location and description for which the change in assessment is requested.
  • Verify the proper forms and dates of application are within the time frame set for request for review and change.
  • Listen to the reason for appeal, the supporting arguments and input for change in the assessed valuation.
  • Discussion between Board of Equalization and applicant.
  • Board of Equalization with no further business before it, the Board votes to accept or deny and recommend their decisions to the City Council.  Upon this vote, the Mayor declares the Board of Equalization adjourned, stating the time of adjournment.
  • Mayor reconvenes the meeting as the City Council where the City Council votes to accept the decision of the Board of Equalization or deny the decision of the Board of Equalization.
  • If the municipal Board of Equalization has made any changes in the assessment, the City Council then documents the details of the change decision to the County for review and acceptance.

          While Mayor Driesen did state the time 6:01 p.m. as the time to begin, he   did not announce the meeting had changed from Council meeting to the meeting of the Board of Equalization.  Mayor Driesen did identify the applicant, the description of the property, and the assessed value of that property and verified the petition was indeed filed in a proper and timely manner.  In last night’s meeting Mr. Doyle Fickbohm addressed the City of Alcester in its guise as local Board of Equalization.  Mr. Fickbohm   presented his argument for reduction of assessment and the Board/Council considered his presentation and request for reduction in valuation.  After discussion the Board eventually agreed to reduce his property valuation to $62,510.00.  (00:21:49.10)   At 6:23 p.m. Mayor Driesen declares the local Board of Equalization adjourned. (00:23:15.33)  However Mayor Driesen needs to declare and reconvene the City Council, voice the recommendation of the Board of Equalization findings, take a vote to present those findings to the county level of the Board of Equalization.  This was not done, the legal     advisor failed to advise the follow through on procedure.  While some would argue this is repetitive action, but failure to follow procedure could result in revocation of action because there was confusion which entity was making the decision or declaration.

(00:)  AGENDA ITEM #5 – COMMUNITY CENTER – DELETED

(00:23:30.23)  AGENDA ITEM #6 – PUBLIC INPUT –

          (00:23:39.10) VICKIE LARSEN – reiteration of my position on the proposed city platting and zoning action relating to FSC Zoning and the ever growing silence on the (#66CIV22-000048) FCS Lawsuit against the city.   As well as the name of Officer on duty when I made a 911 call regarding to   reckless driving so I could contact him and give him information on what I witnessed.

          (00:31:22.70) COUNCILWOMAN DARLA REPPE – Reported on questions asked of her:  a woman asked Councilwoman Reppe, “…how do we know if there is any follow up on complaints to the city…?” Burkes, Burke’s taxes and South Dakota Senator Jim Bolin.  Councilwoman Reppe  reported she had contacted Attorney Austin Felts and Senator Bolin and after some research of the facts and details of the issue Senator Bolin declined to take any action. Councilwoman Reppe also reported she had been contacted   by parents of potential pool personnel with concerns relating to the disciplinary issues of misbehavior of children at the pool with the take home being, “…if the city did not support their employees in these disciplinary situations, they (the parents) were not interested in allowing their kids working at the city pool.  Councilwoman Reppe said she was also contacted by a resident concerned about the 1 More Bar regarding trash around the building.  Councilwoman Reppe brought up the Agenda Item relating to the FCS Plat and Zoning described her contacts regarding this issue.

          (00:37:20.60)  DAVID LARSEN  – Golf Course vs. Community Center.  Advocating separating the golf course from the community center.  I agree whole-heartedly.  These two entities should be separated into two departments and annual profit/loss statements be generated.  While Mr. Larsen did not bring up the old golf course building and storage shed, I would like to take this opportunity to speak to the surplus-ing of the property which houses the old golf clubhouse and storage shed. 

THE CITY NEEDS TO HANG ON TO THE LAND

for possible future expansion need.  

          (00:41:19.43) MAYOR DRIESEN – Folks have expressed a desire to have live-streaming of the council meetings.  (00:41:54.90) ATTORNEY FELTS – made comments but was speaking too softly for anyone to hear.

(00:42:10.93)  AGENDA ITEM #7 – GOLF COURSE –  Approve spending $12,000.00           payment from second penny sales tax fund for Reel Mower from Purple Wave Auction.  Approve advertisement for golf course vacancy:  Grounds keeper, 30-40 hours from April thru October at.  Motion was made and seconded to approve advertisement.  Vote X3 Ayes.      Comment was also made to get rid of co-manager situation and have only one manager.  Approve spending $15,000.00 for a Reel Mower, Councilwoman Darla Reppe made the motion, Councilman Kyle seconded the motion and Vote X3 Ayes.

(01:00:44.33)  AGENDA ITEM #8 – STREET DEPARTMENT – APPROVE $14,200.00 Payment to Black Star ACA, LLC for 2005 Caterpillar CB- 224W smooth drum Compactor.  Approve Caterpillar Compactor $14,200.00 which includes 5% administrative fee plus $1,000.00 delivery fee.  Asks to move over another $2500.00 for the packer.  Motion by Councilman VandenHul, second by Councilwoman Peeples.  Vote X3 Ayes.

(01:05:20.50)  AGENDA ITEM #9 –  LEGAL UPDATES  -Presented by Attorney Austin Felts in the absence of City Attorney Sam Nelson/Austin Felts.  Mr. Felts introduced motion to get rid of the ON-CALL time in the Police Policy Manual 2.5  Delete and or strike 2.5  Will need 21 days to for amend the manual by resolution.  Motion to amend the Employee Personnel Policy Manual with the deletion/strike of 5.6.  Motion to approve a Police Limited Liability Agreement in writing to be signed by PD Employees and a representative of the City of Alcester.  Motion was made and seconded with Vote X3Ayes.

(01:14:20.13) AGENDA ITEM #10  – WASTE WATER FACILITYPLANT UPGRADE – Bid opening to be reviewed by Banner representative Tanya Miller 04/03/2023 meeting.  State Water Board delayed acceptance vote .

(01:16:44.83)   AGENDA ITEM #11 – PLAT MAP APPROVAL –

          (01:17:19.93) MOTION TO CONVENE THE PLANNING AND ZONING COMMISSION, SECOND AND VOTE x3 AYES. 

          (01:17:50.47) Attorney Felts states, “… I have had a chance to discuss with Sam ,,, uh about this,,, uh…the entirety of these two lots is within city ‘jurisdiction’…uh…so the agreement is as of now…is when this is re-platted the Farmers Coop will transfer the southern lot to…the south side of the ‘ditch’ area…u-u-h…this requires city approval because its within the  ‘entirety of the city limits’…To our knowledge there is nothing that’s outside…in addition it would be our opinion that…uh…even though it could be considered a waterway its…uh…entirely private property, there is no public utilities, there’s no easements or anything …uh…that provide access to the public through this…there is no use or anything that would…uh…instead classify this as a river or a street or something that the city has to provide           access to…uh…the only thing I’ve seen and on the plat specifically identified as center line of ditch…” 

          Mr. Felts I will address your arguments for the platting and zoning of this issue. I will not use the terms of Our or We ’cause there is thankfully only one of me, I think.  The only thing I can think of that would constitute myself in terms of Our or We, is lint in my pocket, an errant loose hair on my shoulder or piece of food left-over from lunch on my front.  

          So here I go.  Going with your use of city jurisdiction.  Using the definition of ‘Jurisdiction in rem’ which is what you appear to be grasping at, “…Power of a court over a thing so that the judgement is valid as against the rights of every person in the thing, e.g. a judgment or decree of registration of title to land…”  (Henry Campbell Black, Black’s Law Dictionary, Abridged Sixth Edition, Centennial Edition 1891-1991, page 595, WEST Publishing Company, 1991, St. Paul, MN )  In this case you appear to be applying the power of a ‘municipality due to its proximity to a spot of land’ has control over the land.

          Next you apply the prejudicial term of ‘ditch’ to the meandering waterway feeding into Brule Creek.  The water way you describe as a ditch often resembles a long dug out trench in drought years. 

          Now onto your opinion that the creek is within the entirety of the city limits is erroneous in substance and in theory because from the 1957 survey conducted by Edward K. Mather’s survey of Alcester city to Mr. Lawrenson’s  Survey of Alcester is subject to interpretation, who hired him and the wages of time.  One surveyors opinion over another’s opinion.

          You mention access to the water way.  You can be forgiven for ignoring access from the creeks head or its delta.  I can take my kayak and put in at the head waters of the creek and as long as I have enough water to float my boat (navigable is the word the state uses) I can traverse the creek without access from either bank.

          Mr. Felts the state of South Dakota defines water way or creek as, “…South Dakota statutorily defines navigability by stating that “a stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years.”  (South Dakota Codified Laws §43-17-34)    

          In conclusion just having a center line in a water way does not mean it is private property and allows some clog-footed, knuckle-head from damming it up.

          Owner ship and responsibility of the culverts at the juncture of Iowa Street and South Street is dependent on the ownership of Iowa Street.  It was my information per Ray Roggow, Public Works Admin. those culverts were put into place by the County.  In addition February 4, 2016, with regard to the annexation of the property formerly owned by Bill Boyer, the Union County Commissioners approved the annexation with the amendment to that annexation, “…including all adjoining roads…”  So according to the UCC 2016-001 Alcester is responsible for the roads adjourning the annexed property.

          Lastly and in addition, the procedure for the Planning and Zoning Commisson follows the same procedural order.

  • The Mayor convenes the Planning and Zoning Commission
  • Take notes of this meeting
  • Identify and Introduce the Zoning changes, Identifying the property locations and description of changes and the Platting of those changes
  • Verify the proper forms and dates of application are within the time frame set for request for review and change.
  • Discussion of the Planning and Zoning
  • Planning and Zoning recommends approval of the changes discussed with Motion, Second and Vote.
  • Planning and Zoning Commission adjourns stating the time of adjournment of the Planning and Zoning Commission.
  • City Council re-convenes and either accepts or denies any or all parts of the zoning changes.  Motion, Second and Vote is made accepting or rejecting the zoning changes and presenting any changes to the County Commissioners for their approval.

          Council moves to approve the change. Motion, second and Vote X3 Ayes

(01:38:03.20)  AGENDA ITEM #12  – POOL MANAGER – ABIGAIL MOORE –   Motions to approve hire for 2023 pool staff.  Motion to hire    Peyton Meyer. at $14.00 per hour.  Vote X3 Ayes

(01:40:02.47)  AGENDA ITEM #13  – 1 MORE BAR REPAIRS – Approval to spend up to $2000.00 for plumbing repairs and $1000.00 scrap removal plus dumpster rent.  Motion, Second and Vote X3 Ayes

(01:42:34.80) AGENDA ITEM #14  VOLUNTEER ROSTER – Motion, Second  and Vote X3 Ayes

(01:45:27.97)  AGENDA ITEM #15  FINANCE OFFICE UPDATE

          (01:46:21.80)  Payment to Reel Sharp for mower repair, golf fund $5408   from Golf Fund.  Approval  VoteX3 Ayes

          (01:46:56.80)  Approval of February Warrants  Vote X3 Ayes.

(01:47:48.93)  AGENDA ITEM #16 – EXECUTIVE SESSION

          SDCL 1-25-2.1    PERSONNEL  NOT NEEDED

(01:48:15.10)  AGENDA ITEM #17  ADJOURN  7:48 PM

Contact City Council

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

03/06/2023 A Voice From the Gallery

The  March 6, 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, and Councilman Kyle VandenHull.  Councilwoman Cyndi Peeples participated via telephone with both City Attorney Sam Nelson  and Attorney Austin Felts absent.  The council and gallery recited the Pledge of Allegiance. 

(00:00:47.63)  AGENDA ITEM #3 – APPROVE AGENDA – Vote X3Ayes.

(00:01:42.47)  AGENDA ITEM #4 – APPROVE MINUTES OF FEB. 6 & 20 –  Vote X3 Ayes.

(00:02:18.90) AGENDA ITEM #5 – CONTRACT AMENDMENT # 2  BANNER            ENGINEERING – This contract amendment #2 had three parts  1)  Second rebidding services due to failure on the city finance office to  publish and advertise bids for the project.  2) Construction phase to begin 2023 through 2024. 3) Construction observation.  Ms. Miller, Banner representative stated the re-bid process would have happened anyway.  Cost of this re-bid $17,100.00.  Ms. Miller, Banner representative added an administrative cost for labor and mileage encompassing 244 trip between SF and Alcester.  Cost of administrative labor, mileage and etc. is $24,500.00. Ms. Miller, Banner representative quoted a final observation cost of $18,300.00.  The amended and additional costs of the project totaled $59,900.00,  Allegedly 70% of the project cost is in grants, Arpa funding and Covid funding with 30% left to taxpayers?  Vote X3 Ayes.

(00:10:27.30)   AGENDA ITEM #6 – 1 MORE BAR – SPECIAL PERMIT –    Augustine LaFramboise.  Seeking special permit for street dance event.  After some discussion the motion was made to allow the permit with the contingency 1 More Bar provide liability insurance.  Vote X3 Ayes.

(00:12:46.17)  AGENDA ITEM #7 – PREMIER BANK JAIMEY SCHEMMP – DISCUSSION  Mr. Schempp addressed the council outlining the bank’s plan to add drive-up teller access along the east side of the bank which would take away six (6) parking spots on the west side of Iowa street. After Mr. Schempp’s remarks he asked for questions and input from the council.   The council members listened to Mr. Schempp’s outline and were concerned with the reduction of parking spaces asking for examples of this type of teller access on an active street within a municipality.  This was merely a discussion and explanation of plans with no action taken.

(00:25:30.97)  AGENDA ITEM #8 – STREET UPDATES  LONNIE  jOHNSON – BUDGET CHANGES – Gist of this issue is the proposed purchase of an asphalt paver and asphalt roller to effect more efficient building and repair of our city streets.  The question put to the council was Chip option versus Asphalt?  Chip seal was not as long lived but considerably cheaper than asphalt.  Asphalt provided a longer life and smoother streets.  The idea of purchasing paving machine and a roller out-of-the street budget was presented with the argument than the projected cost of used machines would equal to the cost of Four (4) blocks of “contracted” paving.  Summarizing that purchasing the machines would be the same cost as a one- time, Four (4) block contract paving.  Two pavers were mentioned in Mr.    Johnson’s discussion were a Cummins Paver with 3044* hours priced at $37,900.00, a Bomag ProPaver with 1860* hours priced at $34,500.00 and a Roller 2017 with 651* hours at $10,500.00.  Total cost high end $48,400.00 to low end $45,00.00 depending on as-is inspection plus delivery costs.  Motion was made and seconded to amend the Street Department Budge to support the purchase of this equipment at the $48,400.00 cost plus delivery costs.  Vote X3 Ayes.

*

(00:44:46.20)  AGENDA ITEM #9 –  PUBLIC INPUT  (00:44:53.43)  Rich Akland – Announced a Pickle Ball Tournament April 1, 2023, partial proceeds to benefit the Golf course.  (00:47:19.43) Mayor Pro-Tem Lukas – Announced a third (3rd) installment of $25,000.00 donation presented to him by Jerry Joachim.  Mayor Pro-Tem Lukas also announced the bar basement had been cleaned out, found mold present and the city was in the process of taking care of that and Mayor Pro-Tem Lukas has received a complaint by a party on Broad Street of a very large pig and the complainant did not think that was proper.  (00:48:04.80) Vickie Larsen – Addressed concerns of a possible conflict of interest by our legal representative offering legal advice to Burkes regarding their demand of property taxation return.  I also addressed resident concerns on quorums maintained or not maintained in council meetings.  Some of these concerns came from former council persons and mayors.  Finally I addressed the Plat and Zoning of a water way south of the FCS property.  While searching statutes, erosion controls and so forth as it applies to the creek which runs along South Street westward outside of city limits, I discovered a civil lawsuit launched by FCS against the City of Alcester and Land Owners south of the property annexed into the city borders around February 2016.  This is a civil lawsuit #63CIV22-00048 Titled FARMERS CO-OPERATIVE SOCIETY Plaintiff vs. City of Alcester and other co-defendants.  It appears that FSC is laying claim to a strip of land running west of Iowa Street, extending from the two large culverts in the juncture of Iowa Street and South Street.  Now Folks this would be an extension of South Street but for the fact it is a water way.  SDLRC 11-2 Water Rights- “In South Dakota all water is the property of the people and the right to use of that water through…” 

A-N-D WHY? were the residents of Alcester kept in the dark about this lawsuit?  This was filed in 2022 during the reign of Mayor Haeder.  Attending documents indicate service documents and receipt of service documents, nowhere did I find any negotiations and it appears this issue is still pending.

(00:53:56.57) Public comment on Public comment?  lol

The lawsuit to which I referred is a civil lawsuit allegedly to quiet a title but might give FSC the idea they can re-route water flow and take advantage of moving boundaries to benefit them. 

Much like what happened with Carter Lake in Iowa.  The Missouri River changed its course creating an orphan community on the west side of the river when the two nearby cities of Omaha and Council Bluffs wanted no part of providing any services to it.   Finally Carter Lake was adopted by the state of Iowa in 1930 and it remains in Iowa to this day.  A small exclave surrounded by Nebraska and suffering legal chaos, two Supreme Court rulings as reported by John Schreier in his article, “Carter Lake’s colorful, confusing history”.   https://cityofcarterlake.com/departments/city-hall-department/history/ 

(00:57:13.23) Gordon Richard  asked the question he had been asked by community members. why is the bar never open?

(00:58:59.27) AGENDA ITEM #10  – GOLF COURSE – DISCUSSION OF VACANCY  ISSUE TABLED NO ACTION

(00:01:02:35.37)   AGENDA ITEM #11 – LEGAL UPDATES  ATTORNEYS       FELTS AND NELSON?  NO SHOW

(00:01:02:43.57)  AGENDA ITEM #12  – WATERMAN BILL APPROVAL – $1240.82 Restroom repair at the bar.  Vote X3 Ayes

 AGENDA ITEM #13  – ORDINANCE 2023-02 DISCRETIONARY   TAXATION OF REAL PROPERTY  SECOND READING  ERROR HELD OVER FROM PREVIOUS AGENDA IN ERROR.

(00:01:05:46.17) AGENDA ITEM #14  PLAT MAP APPROVAL Plats of Lots      1 & 2 south Addition, An Addition in the Southeast 1.4 of Section28,   T95N, 5thPM, City Alcester, Union County, South Dakota .  Movement into Planning and Zoning Board did not happen.  Discussion continued with   regard should annexation happen before platting land outside of city limits.

          Issue was tabled until Lawyers show up!

(00:01:16:26.33)  AGENDA ITEM #15  FINANCE OFFICE UPDATE

          (00:01:17:48.60)  Annual report 2022 approval  VoteX3 Ayes

          (00:01:26:25.80)  Board of Equalization meeting set 03/20/2023 6:00   p.m.  Vote X3 Ayes.

(00:01:29:50.63)  AGENDA ITEM #16 – EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL  NOT NEEDED

(00:1:30:00.37)  AGENDA ITEM #17  ADJOURN  7:31 PM

Contact City Council

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

02/20/2023 A Voice From the Gallery

Mayor, President, and Vice President
The chief executive officer of a first or second class municipality under the aldermanic form shall be a mayor. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance (§9-8-1).

The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie as long as the vote does not create a liability or appropriate money. He shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed. He shall annually and from time to time give the council information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. He shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money (§9-8-3). The veto, with written objections, must be filed with the finance officer within ten days after final passage (§9-19-10). The vetoed ordinance or resolution must then be presented by the finance officer, with the mayor’s written objection, to the council at their next meeting for reconsideration. If the ordinance or resolution passes by a two-thirds vote of all the aldermen, it shall be published and become effective (§9-19-11).

At the first regular meeting after the annual election in each year and after the qualification of the newly elected alderman, the council shall elect from among its own members a president and vice-president, who shall hold their respective offices for the municipal year. The president of the council in the absence of the mayor shall be the presiding officer of the council, and during the absence of the mayor from the municipality or his temporary disability shall be acting mayor and possess all the powers of the mayor. In the absence or disability of the mayor and president of the council, the vice-president shall perform the duties of the mayor and president of the council (§9-8-7). 

The  February 20, 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilwoman Cyndi Peeples and Councilman Kyle VandenHull, Attorney Austin Felts present  and with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:43.63)  AGENDA ITEM #3 – APPROVE AGENDA – Question on agenda item #4 – 1 More bar  Approve with no change to agenda.  There would be no motions made.  Agenda approved with no changes.  Vote X3Ayes.

(00:03:32.17) AGENDA ITEM #4 – 1 More Bar – Special permit street dance discussion with no action taken.

(00:12:05.37) AGENDA ITEM #5 – PROPERY TAXES – MIKE AND KRISTI BURKE  seeking a tax abatement from the city of Alcester to the tune of $11,016.00 plus or minus as a result of  their application for Discretionary Taxation which was later described and revised in the 2022 legislationeffective July 1, 2022. language contained in Ordinance 2023-02.  Our city attorney Austin Felts was apparently tasked with the justification for allowing the abatement which the city of Alcester had no control and whose legal fees for the time spent on this issue is assessed to the taxpayers of Alcester.  The council made no decision at the meeting.  My opinion is that the Burkes need to seek redress from someone other than the City of Alcester and seek their own legal counsel.  (00:30:21.83)  Mike Burke says, “…We feel the city (Alcester taxpayers) owes us…) 

LET THE COUNCIL KNOW YOUR OPINION ON THIS.

(00:32:03.13)   AGENDA ITEM #6 – PUBLIC INPUT –  VICKIE LARSEN (00:32.08.83)  Addressed issues concerning having the city attorney do research on behalf of a private individual at city cost?  Audi costs (actually the city hall)? Reimbursements to Pat Jurrens in the amount $412.22 which was an overspend of her city credit card?  Code of Conduct and application.  Pat Jurrens time spent on various boards as representative of the city on city time when a council person could be tasked with the membership on the boards.  Finally I requested the Log for the city car. Who checked the car out, What purpose was the car checked out, Where did the car travel and How many miles were put on the car.  This is to track how the car is used, who is using it and which department should the cost of the use of the car be distributed.  MIKE BURKE (00:37:06.40)  asks about council seat vacancies.  I would suggest that background checks should be applied to all prospective council seat applicants.

(00:38:16.23)  AGENDA ITEM #7 – COMMUNITY CENTER UPDATE  LANDON           NYGARD/KELSY ERICSON

(00:40:51.17)  AGENDA ITEM #8 – GOLF COURSE  There was a discussion regarding the old golf course clubhouse.  Suggestions of possible AirB&B type dwelling.  I would strongly suggest if any type of B&B situation is broached, that inspections as to safety and habitability are required by the city. If these structures are being rented, they must meet all codes and be regularly certified as safe for habitation.  Receipt of the resignation of Landon Nygard as golf course superintendent effective March 17.2023.  Resignation was accepted by council vote.

(00:54:03.87)  AGENDA ITEM #9 –  LEGAL UPDATES – AUSTIN FELTS  Among the issues discussed were chip seal bids, police policy manual, Closson letter update and At-Large Alderman vs. Wards.  I did speak out against this move for the simple fact, we could end up with taxpayers being disenfranchised because their representative was not living in the Ward therefore had no skin in the game so-to-speak. 

LET YOUR COUNCIL KNOW HOW YOU FEEL!

(01:00:17.90) AGENDA ITEM #10  – POLICE DEPT.  Patrol car storage.  At this point the two police vehicles are being stored in the street department building and blocking the immediate access to snow plows etc.  Discussion covered the two vehicles should not be stored outside in the street.  However other options are available immediately until a garage can be constructed.  One option is to store the two vehicles in the golf cart building and another option is to store the vehicles in the Ag. room of the old high school building.

(01:14:08.27)   AGENDA ITEM #11 – WATER METER PROJECT  CASH FLOW OPTION OVER FOUR YEARS (100 meters per year)  Installation would be separate.  Emphasis that the cost of this project would be covered by the water fund $186,000.00  and which cost would not be reflected on the taxpayers water bills.

(01:25:16.27)  AGENDA ITEM #12  – WASTEWATER FACILITY PLANT UPGRADE  Banner Representative Tanya Miller wants a pre-bid meeting with council on February 28, 2023.

(01:26:26.13)  AGENDA ITEM #13  – ORDINANCE 2023-02 DISCRETIONARY TAXATION OF REAL PROPERTY  SECOND READING  Vote X3 Ayes.

(01:29:47.40) AGENDA ITEM #14  PLAT MAP APPROVAL Plats of Lots 1 & 2 south Addition, An Addition in the Southeast 1.4 of Section28, T95N, 5thPM, City Alcester, Union County, South Dakota  This action was tabled due to a question of annexation of the parcels involved.  Need for more information.

(01:40:33.00)  AGENDA ITEM #15  PREMIER BANK  REMODEL CHANGE IN IOWA STREET.

(01:44:35.70)  AGENDA ITEM #16 – 2022 AUDIT  APPROVED X3 AYES

(01:46:53.13)  AGENDA ITEM #17 FINANCE OFFICE UPDATE

(01:50:21.47)  AGENDA ITEM #18  EXECUTIVE SESSION SDCL 1-25-2.1 PERSONNEL  APPROVED X3 AYES

          EXECUTIVE SESSION AT 7:50 P.M.

          OUT OF EXECUTIVE SESSION AT 8:23 P.M.  NO ACTION TAKEN

(01:51:16.50) ADJOURN

       Motion was made by Councilwoman Darla Reppe and seconded by Councilwoman Peeples.  Vote X3 Ayes  Meeting adjourned at 8:23 pm

Contact City Council

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517

02/06/2023 A Voice From the Gallery

insert video

I must apologise here, I had made arrangements to have the meeting video-taped in my absence.  Unfortunately those arrangements fell through which I deeply regret and I have no video to present. 

KEY ISSUE – Agenda Item #5 Resignation of Dan Haeder as mayor.

The  February 6, 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull present.  Attorney Austin Felts was present in the absence of City Attorney Sam Nelson  The council and gallery recited the Pledge of Allegiance.  I had heard Councilwoman Peeples was going to be taking part via telephone but since I see no reference in the minutes of the meeting as to her telephonic presence I must assume she was not present and there is a question as to quorum.

It is my understanding Mr. Haeder issued his written resignation on Friday, February 3, 2023, and dodged the meeting on February 6, 2023.  President of the Council Lukas Driesen, mayor-pro-tem read Mr. Haeder’s short resignation to the council, a motion to accept the resignation was made, seconded and approved by the council.

Items on the Agenda included item #3 approve the agenda, #4 approve the minutes of the January 9th and 23rd, 2023, meetings, #5 Resignation, #6 Public Input, #7 Wedding Fireworks (no pun intended) #8 Water/wastewater update, #9 Street update, #10 Alcester Golf Course, #11 Police Department Policy manual update, #12 Legal updates delivered by Attorney Austin Felts, #13 Ordinance 2023-02 Discretionary Taxation of Real Property, #14 Finance Office Lights quote, #15 City of Alcester Credit Card Limits, #16 – 1 More Bar Flooring quote, #17 Finance Office updates, #18 Executive Session and Item #19 Adjournment. 

Folks the agenda can be seen on the city website as well as the unapproved minutes of the February 6, 2023, meeting.

Folks of Alcester it is time, no it is past time the city live-streams the city council meetings!

Contact City Council

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

01/23/2023 A VOICE FROM THE GALLERY

SDCL 16-16-18. Oath of attorney–Form and administration.*

“The oath of attorney shall be administered by a justice or judge of any state appellate court or court of general jurisdiction or by a justice or judge of any federal appellate or district court. The form of the oath of attorney shall be in substance as follows:

I do solemnly swear, or affirm, that:

I will support the Constitution of the United States and the Constitution of the State of South Dakota;

I will maintain the respect due to courts of justice and judicial officers;

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with a client’s business except from that client or with the client’s knowledge or approval;

I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person’s cause for lucre or malice.”

Source: SDC 1939, § 32.1111; Supreme Court Rule 9, Order No. 1, 1957; SDC Supp 1960, § 32.1109; SL 1994, ch 407; SL 1996, ch 316.

The  January 23 2023, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilwoman Cyndi Peeples and Councilman Kyle VandenHull arriving 10 minutes late, Attorney Austin Felts present  and with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:01:06.23)  AGENDA ITEM #3 – APPROVE AGENDA  Prior to the meeting I spoke with council members concerning the placement of Public Input later in the agenda.  (00:01:23.53)  Councilwoman Darla Reppe responding to my request to move the Public input back towards the top of the agenda.  Councilman Lukas Driesen agreed with Councilwoman Reppe.  Folks listen to FOPAT’s response to that move.  (00:01:41.23)  FOPATsays, “…well we have guests here…this is why Imoved it back…other people came in…it’s up to you, but that’s why…that’s the way I had it the way we did…”  Who is we FOPAT, the fecal tumor in your right-hand back pants pocket and you?

          Folks we have a major problem!  It is the mayor’s duty and responsibility to set the agenda for presentation to the council:

SDML “The chief executive officer of a first or second class municipality under the aldermanic form shall be a mayor. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance (§9-8-1).

The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie as long as the vote does not create a liability or appropriate money. He shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed. He shall annually and from time to time give the council information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. He shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money (§9-8-3). The veto, with written objections, must be filed with the finance officer within ten days after final passage (§9-19-10). The vetoed ordinance or resolution must then be presented by the finance officer, with the mayor’s written objection, to the council at their next meeting for reconsideration. If the ordinance or resolution passes by a two-thirds vote of all the aldermen, it shall be published and become effective (§9-19-11).*

*(https://www.sdmunicipalleague.org/index.asp?Type=B_PR&SEC=%7B33E9C767-2065-4201-8F6B-DBDA8625A402%7D&DE=%7B8ED171C6-7486-4770-B412-C99E60303C64%7D)

 NOT, I repeat NOT the city bookkeeper!  When the FOPAT decided to place the public input behind issues that would cost money, she robbed the residents who wished to comment on issues which would cost them increased taxes.  SHE attempted to rob the residents of Alcester of their voice!  Public Input is toward the front the agenda line-up for a reason.  Residents want to come in, make their feelings know, maybe get an answer and leave.  With Public Input placed later in the agenda, the public is forced to stay and be herded in and out of open session when the council moves into the never-ending executive sessions which typically run from 45 minutes to90 minutes long as is the practice of Mayor Haeder and FOPAT.  Folks having spent many of those journeys into isolation in the hallway I can tell you in the past there were not chairs or seats for the public.  Lately a rack of folding chairs has been present, but most folks are optimists with the idea an executive session is just a short discussion and they will be rescued from hallway Hades after 10 minutes or so.  I have watched folks who wanted to participate or watch the whole meeting through have left in disgust and not return for the rest of the meeting.

          We the taxpayers relegated to a position far behind and subservient to “guests” of FOPAT.  Oh how I would love to jump up on a table like Sally Field character Norma Rae, raise my hand in protest and holler but alas I cannot physically jump that high.  But I can raise my hand and voice in protest.  I can holler in print.

          Mayor Haeder in the last meeting threatened Mr. Clossen when he dared protest.  Mayor Haeder made a statement about three (3) minutes for public input.  Really Danny-Boy, three (3) minutes?  When you go into executive session a couple hours per each meeting to discuss your 35-40% opinions?  Really?

          I had delivered to the council examples of other city and public board agenda which listed Public Input in the Item #5 slot.  The council moved, seconded and voted unanimously to move the Public Input to the #6 slot of the agenda and then approved the agenda with the amendment. Vote X4 Ayes Unanimous.

(00:03:01.40)  AGENDA ITEM #4 – COMMUNITY CENTER UPDATE

          a) Updates – Landon Nygard and Kelsey Ericson Why the updates?  The agenda already has a line item #Chairperson Updates item f) Golf Course and Community Center.  Why the front seat agenda position on hiring, firing and raising wages?  Why is Mayor Haeder and FOPAT wasting city council meeting time for routine business matters?  WHY do we have to listen to a new menu, taking inventory and what is going on with the building contractors who screwed up and because there was NO oversight the city is screwed for the cost of their failure to do the job right but the now we have to foot the cost of fixing the failure up to code.  WOW  Now we really and truly have FOMayor and FOPat.  Acronym?  Failure Of Mayor and Failure Of Pat.  (00:03:19.83) Landon Nygard gave the update.

          b)  Grossenburg Meal Ticket Promo (00:09:20.30)  Vote X4 Ayes Unanimous.

          c)  Executive Session (00:12:37.33)  SDCL 1-25-2.1 Personnel  Raise for Kelsey Erickson from $15.53per hour to $17.00 hour?  In Executive session at 6:13 p.m. Vote X4 Ayes Unanimous.  (00:12:41.00) IN AT 6:13 P.M.  OUT OF EXECUTIVE SESSION AT 6:38 P.M.

          d) Approve modification to 2023 (00:14:55.37) The business coming out of the Executive Session was to Move Lincoln Burke back to dishwasher at a wage decrease to $11.00 per hour and to Increase Kelsey Erickson wage to from $15.53 per hour to $17.00 per hour effective immediate.  Vote X4 Unanimous.

(00:16:56.50)  AGENDA ITEM #5 – POLICE CANDIDATE – JEFF CONRAD

Councilwoman Darla Reppe asked the question (00:29:04.07) who would Officer Conrad consult or take direction from within the city of Alcester?  Listen closely to the response.  FOMAYOR says (00:29:31.37), “…Talk to the Finance Officer…”  ARE YA Kidding?  Ask FOPAT?  FOMAYOR are ya really calling open season on this potential police officer by telling him he should ask FOPAT?  She is just a bookkeeper!  Motion was made and seconded to hire Jeff Conrad as part-time police officer at $18.81 per hour to start immediately.  Vote X4 Ayes Unanimous.

(00:35:56.90)  AGENDA ITEM #6 – PUBLIC INPUT –

VICKIE LARSEN (00:36:05.67)  I spoke to Public Input on the agenda, I spoke to the need to have a permanent Wards map on the Alcester City Website, I spoke to the subject of (00:37:19.93) BWNR – Board of Water and Natural Resources under the Agenda Item #Wastewater Facility Plant Upgrade vote and expenditure which dealt with permission to allow Collection Systems Project Funds to be used for Treatment Facility Improvements Project.  I shared that According to an April 14, 2022, article which reported DANR Announces Funds For South Dakota Water And Wastewater Projects where DANR Secretary Hunter Roberts says, “… grants and loans were awarded from DANR’s Drinking Water State Revolving Fund Program, Clean Water State Revolving Fund Program, Consolidated Water Facilities Construction Program, and American Rescue Plan Act (ARPA) funds to the following area projects:

• Alcester received a $250,350 Clean Water State Revolving Fund loan and a $1,418,650 ARPA grant to televise its entire collection system to determine the condition of aging pipe and allow refinement of the areas identified for upcoming sanitary sewer improvements. In addition, this project will include open-cut sanitary sewer replacement in multiple alleys. The loan terms are 2.125% for 30 years…”*

*https://www.yankton.net/community/article_a01c0934-bc65-11ec-a36e-33c2e9a57aa2.html

and I spoke to the issue to taking time away from city business in the council meeting to waste it on the community center and its drama and downfalls.

KERRY HEDDEN (00:39:29.13)  Mr. Hedden spoke to a possible land trade with Bill Lind in the works or discussions and voiced his opinion.  Mr. Hedden also spoke to the disposition of the old golf clubhouse.

TRAVIS ROBINSON (00:42:34.63)  Fireworks for his wedding.

(00:49:22.47)  AGENDA ITEM #7 – LEGAL UPDATE – SAM NELSON, AUSTIN FELTS  Sam Nelson was not present just Mr. Felts.  Regrettably it appeared he had been thrown in the deep end of small town city meetings.  City Attorney Sam Nelson was away lobbying in Pierre.  Austin Felts a 2022 law graduate and new associate of Frieberg, Nelson and Ask received the onerous…Tag your IT!  Using an analogy of a young woman arriving at a hospital ER with sharp pains, who told the staff she had been gaining weight like mad and now she has these sharp intermittent pains only to be told, “congratulations you are about to give birth”.  Mr. Felts while he wasn’t gaining weight, “felt” the full weight and force bearing down on his shoulders of being a small town legal advisor without a gratuitous heads up.

          Direct Deposit approval, Option A or Option B Council discussed both options with input from Mr. Felts.  The council elected Option A with a Vote X4 Ayes Unanimous.

          Nuisance Update- (00:57:52.27)  307 Iowa Street   Mr. Felts outline some options with the most egregious is in my opinion throwing a man out of his home with a ‘writ’ and demolishing the home leaving the man homeless.  (01:01:30.03) FOPAT it is not for you to explain the council to City Attorney Sam!  (01:02:39.60)  FOMAYOR says the neighbors want this taken care of. So did the neighbors write up a complaint or was it FOPAT sending out Geoff Fillingsness on a mission?    

 (01:07:55.37)  AGENDA ITEM #8 – WASTEWATER FACILITY UPGRADE TANYA MILLER   Mayor Haeder makes a tenuous start, which explained itself later in this discussion.  Allude to a communication breakdown.  Really, Banner sent a bid letter for which Alcester resident paid a substantial fee which was to be placed with the Alcester Union-Hudsonite the city’s official paper.  (01:08:31.97) The notice-of-bid document was sent to FOPAT, who FAILED to get it to the newspaper for publication.  (01:09:06.23)  Rebid was not advertised per regulations:  ” Advertisement for competitive sealed bids must be published in the newspaper at least twice prior to opening of bids. The first publication shall appear as a legal notice in the entity’s appointed legal newspaper; however the second publication can be in any other legal newspaper in the state. (SDCL 5-18A-14) (AGR 85-24)”

(01:12:46.90)  COUNCILMAN LUKAS DRIESEN ASKS THE QUESTION WHO IS RESPONSIBLE FOR THE FAILURE AND WHAT HAPPENS NOW?  (01:13:41.20) BANNER REPRESENTATIVE TANYA MILLER ANSWERS THE COUNCILMAN DREISEN’S QUESTION…$59,000.00 AMENDMENT TO COSTS. 

SO WHO IS GOING TO PAY?

Mayor Haeder asks for action on the re-bid question at (01:26:24.47)  No immediate response.  (01:29:38.63) Finally Councilwoman Darla Reppe makes a fateful motion to DO-THE-RE-BID.  Vote X3 ayes and X1 nay.  (01:33:06.77)  Councilwoman Darla Reppe moves to have Banner draft a letter to the Board of Water and Natural Resource to change purpose of funds. (01:33:33.17)  Mayor Haeder calls for a second to the motion. (01:33:53.20) NO SECOND TO THE MOTION!  (01:34:03.53) AGAIN MAYOR HAEDER CALLS FOR A SECOND TO THE MOTION!  (01:34:10.83) COUNCILMAN LUKAS DRIESEN CALLS TO TABLE. 

IN REALITY THE MOTION DIED FROM LACK OF SECOND.  WHY DID FOMAYOR HAEDER CONSULT WITH LEGAL ON MOTIONS WITHOUT SECONDS.  NOW WATCH THE ARM BENDING BEGIN ON OUR COUNCIL.  (01:35:10.90) And thus the arm bending.  Options none!  We cannot afford the project now.  FOPAT cost us with her failure, the delays have cost and will cost even more now.  In addition to even afford the project we have to ‘give’ important and vital components of a vital project to Alcester and it residents.  Listen to the ensuing coercive language used on the council members.  Mayor Haeder failed the council because he did not call the motion dead, Mayor Haeder failed the council and the city because he did not reign in FOPAT.  FOPAT failed to do her job which cost the city and it residents and not for the first time. Listen to all the time frames, it is like listening and watching a movie when the time of a bomb is clicking down to the blast. (01:36:33.60)  You ever hear the expression of nickel and diming.  Now you have. We give a bill here, and in a couple of days we give another bill and so on and so on.  (01:37:37.30)  Councilman Lukas Driesen is hung out to dry by Mayor Haeder’s non-action on the dead motion and by Mayor Haeder’s failure to consult with the attorney sitting at his right hand. 

Ultimately the council voted to put the city under the guillotine of bad judgment and process.

(01:38:29.10)  AGENDA ITEM #9 –  CHAIRPERSON UPDATES This agenda item has proven to be a woeful waste of time.  Get a monthly report from the department and hand it to the council for their perusal.  In addition combine the street department and water department, hire one department head.

Attorney Austin Felts leaves the meeting.

 (01:44:56.13) AGENDA ITEM #10  – ORDINANCE 2022-11 AMENDING THE REVISED MUNICIPAL ORDINANCES  ADDITION CHAPTER 1:05 CODE OF CONDUCT  Vote X4 Ayes unanimous.

(01:47:02.63)   AGENDA ITEM #11 – 2018 MUNICIPAL ORDINANCES CHAPTER   6 SNOW REMOVAL

(01:53:54.03)  AGENDA ITEM #12  – MOVING CURB STOP 102 BROAD STREET 102 BROAD STREET.  NO ACTION TAKEN.

(01:55:47.33)  AGENDA ITEM #13  – LIGHTING QUOTE  Quotes for replacement the lighting in the city offices. FOPAT has dim bulbs.  Question was raised about approaching Jaimy Schemp representative of the owner of the school building for a shared expense.  No action taken until that conversation happens.

(02.00:37.07) AGENDA ITEM #14  FINANCE OFFICE UPDATES   ELO Audit invoice to be paid.  Vote X4 Aye unanimous.

(02:05:01.73)  AGENDA ITEM #15  EXECUTIVE SESSION IF NEEDED  FOPAT wanted an executive session for personnel-Imagine that.  Could it be she is going to hand in her resignation for her $59,000.00 failure?  Vote to go Executive session at 8:30 p.m.  So much for short  Back into open session at 8:52 p.m.

(02:07:09.67)  AGENDA ITEM #16 – ADJOURN

I would like to leave you folks with a thought.  Finance Officer Pat Jurrens failed to do a simple ad placement which is going to cost the city and its residents in the neighborhood of $59,000.00  I propose the council take the action of deducting the entire cost of $59,000.00 from her wages over the next year and a half.  What do you think?  Let your council members know.

I would also ask that you folks let our council know how you feel about evicting a veteran who served his country then demolishing his home, leaving him homeless.  Get together, support him with help to get the outside of his home into a condition where he will not be harassed within the time frame the council has given him.

Contact City Council

Mayor Dan Haeder                            605-934-2287     

Councilwoman Darla Reppe             605-934-2602

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen               605-934-

Councilman Kyle VandenHull          605-934-

Patricia Jurrens                                  605-934-2517