“Ethical behavior is doing the right thing when no one else is watching–even when doing the wrong thing is legal.”

(Aldo Leopold)

Mayor Haeder called the August 16, 2021,  Alcester 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 Linda Talbott, Councilwoman  Cyndi Peeples, Councilman Brian Johnson, Councilman Curtis Keiser (via telephonic participation), Alcester City Attorney Sam Nelson with Councilwoman Darla Reppe running late.

Approval of the agenda was called (01:36:.00) and so begins what felt like a quadrimular city council meeting.  There should have been a scoreboard to determine which goal post the mayor and his minions were heading for.  The agenda had some problems, City Attorney Sam wanted the discussion of the nuisance property located at 307 Iowa street to happen in executive session (01:48.37).  Now this property has been on the agenda for the past year in various stages of discussion and mediation.  Now it needs an executive session for legal counsel?  So agenda item 7(a) needs executive session.  Okay.  Motion is made to approve the agenda by adding an executive session to deal with agenda item 7(a).  Motion is made, seconded and further discussion is called.  Yup and so it begins.  City Attorney Sam says, “well we could move that executive session on to agenda item #12 (a) (the perennial just-in-case executive session usually held for personnel)  Mayor thinks that is a great idea.  So now do we amend the amendment, start over or do we consult a parliamentarian ’cause we do not have one of those on the payroll.  Mayor called for vote (02:35.47)  Now is the time for the Parliamentary purge (03:40.47)

Now that other shortfalls of the agenda items list (specifically all those pesky ordinance language) have been effectively obscured, the vote is taken. (04:58.70) Yay!

Agenda Item #4 is called and Mayor Haeder is already cringing. 

I had input, I asked where is my FOIA/Sunshine request from several months ago?  The context of this request for information relates to those properties located in residential areas but are nothing more than storage garages.  Are they using water and are they paying for the water?  Some are, some are not and it appears it is at the ‘discretion’ of the FO and wonder-of-wonders she has property contained within that request.  She has determined this is Top-Secret-Personal information, just as she did with the over-hanging tree citations and refused to comply.  We’ll see.

I had a second subject of input which dealt with 2021-11 the Golf Cart ordinance.(08:58.50)  This ordinance is a joke in that it accomplished absolutely nothing. No penalties and no procedurals for our law enforcement and citation purposes.  Language wording makes the assumption that an adult is the operator of the golf cart.   Please note the language of Ordinance 7.0902 being repealed:  Golf Cart* Operation.  golf carts shall not be allowed to operate within the City excepted as authorized by state statute or by this Chapter.  Golf carts properly permitted pursuant to this Chapter shall be allowed to travel on the roadway portion of public streets, alleys, and other roadways within the City except those highways where golf carts are prohibited by state statute.  An operator of a golf cart shall comply with all City and state traffic rules and regulations applying to vehicles generally, and except that a golf cart shall not be required to have a bell, horn, or directional signals.   

Now compare the language of the New ordinance:  7.0902  Golf Cart* Operation.  Golf carts shall not be allowed to operate within the City except as authorized by state statute or by this Chapter.  Golf Carts properly permitted pursuant to this Chapter shall be allowed to travel on the roadway portion of public streets, alleys and other roadways within the City except those highways where golf carts are prohibited by state statute.  An operator of a golf cart shall comply with all City and state traffic rules and regulations applying to vehicles. (10:34.23) (11:43.23)

*SDLRC  32-14-13 –  Golf cart defined.  For the purposes of §§32-14-14 to 32-14-16 inclusive, the term, golf cart means a four wheeled vehicle originally and specifically designed and intended to transport one or more individuals and golf clubs for the purpose of playing the game of golf on a golf course.  (11:53.37)

*SDCL §58-23-9 – Motor vehicle defined.  For the purposes of § 58-23-8, the term, motor vehicle, means automobiles, motor trucks, motorcycles, and all vehicles propelled by power other than muscular power and designed primarily for travel on the public highway except traction engines, road rollers, farm wagons, freight trailers, house trailers, trailers, vehicles that run only on rails or tracks, and off-road vehicles as defined in § 32-3-1. However, a vehicle not designed for travel on the public highway that is licensed is a motor vehicle for purposes of § 58-23-8. Freight trailers, house trailers, and trailers which are attached to a motor vehicle are part of that motor vehicle. ( Casetext – current with changes from 2021 Legislative Session) (11:53.37)

COUNCILWOMAN TALBOTT  (12:22.57) Councilwoman Talbott stated she had received questions  why there has been no publication for the position of police officer after Chief Schuller was hired as Alcester Police Chief.  (12:32.50)

FO Jurrens response (12:32.50)    

Councilwoman Talbotts response “Two weeks”  (12:43.80) 

Chief Schuller stated he had requested AD COPY from FO Jurrens and got no response. (13:05.90) 

Chief Schuller stated he had written his own AD COPY for the position of police officer, submitted it for approval to Mayor Haeder.  Mayor Haeder approved Chief Schullers proposed AD COPY, so Chief Schuller submitted the AD COPY to FO Jurrens three times and still no response.  Councilwoman Talbott asked the question, “… so will that be getting done soon…?” (13:50.17) 

FO Jurrens whined “…Like I said, it was my intention to do it today…I’m sorry, but nothing about my day was normal today…I’m just one person…” (13:56.17) 

Councilwoman Talbot said, “You know…and I get that but I also get he’s (Chief Schuller) is one person…” (14:06.13) 

Councilwoman Talbott states further, “That is why we need to get something done before he does what our prior chief had to do…” (14:20.03) 

Councilwoman Cyndi Peeples  speaks to the Bar door which has not arrived yet.

Wanda Halverson speaks to the Chamber of Commerce Football book fund raiser.

Councilwoman Darla Reppe spoke of the opportunity to obtain a very early edition of an abstract of Alcester.

 Agenda Item #5 – Wastewater Facility – Presentation of Ms. Leslie Mastrioanni Planner II SECOG (Southeastern Council of Government) regarding funding of the new Wastewater Facility.  Resolution 2021-14 dealt with a vote to move forward on a possible addition of CDBG funding of this project.  No action was taken at this time.

At this point Councilman Keiser’s phone went off-line for the balance of the meeting. 6:40 PM

Agenda Item #6 – Medical Cannabis licensing 2021-16 and zoning 2021-17  Setting up public meetings of the city council and the zoning and planning committee.  The Planning and Zoning committee at this point in time is made up of the entire membership of the Alcester City Council which is problematic in many ways.  The public would be better served if our Planning and Zoning were made of three council members and three regular citizens who own property in Alcester.

2021-16 Licensing of Medical Cannabis was first up, however after the motion and a second to the motion it was determined there was a public hearing time frame issue. Mayor Haeder determined since there was a motion and a second on the floor it would be proper to vote on the issue and with a consensus to vote against the issue and re-do the motion involving both 2021-16 and 2021-17.  So a vote was taken and with a vote of five (5) nays the issue failed.  Again no parliamentarian on site.   

The issue was re-introduced to make room for the time parameters for publication.  Too bad this was not addressed while the agenda was concocted.  Sloppy work.  So the public hearing was set for September 7, 2021, P&Z hearing and recommendation at 6:15 PM with the public hearing of the Alcester City Council meeting to commence at 7:00 to consider the recommendation of the Planning and Zoning committee which is de facto the City Council.  “Hey Abbot   Who is on First? ” 

Agenda Item #7 – Ordinance Galore.

2021-11  –  Golf Carts –  Approved First reading.

2021-12  –  Parking  – Approve Second reading.

2021-13  –  Penalty of Offenses – Approve Second reading.

2021-14  –  Resolution Funding Wastewater Treatment Facility – No Action Taken

2021-15  –  Variance simplification to aid in quid pro quo (my definition) First read

2021-16  –  Licensing Medical Cannabis  public hearing

2021-17  –  Zoning Medical Cannabis public hearing

                – Ordinance update Title 3  Garbage – not ready for discussion

2021-18  –  Resolution amending policy 7.2 Vacation time 

Agenda Item #8 – Committee Updates

Streets – Okay

Pool – Possible Liner Leak

Cemetery – Again no weeding done

Water/wastewater- rusting pipes connect water source to our water tower.  Hard estimate to fix $60K

Police – Need for Officer –  Mayor opines about Sheriff’s Department (1:31:10.50)

Library – Board member resignation

Golf Course – none

Finance Officer – Budget not ready but it is her hope she will have it sometime later September.  Usually due by September 1.  So why the delay in the budget? (1:37:48.97)

Agenda Item #9 – Finance Office

Updates  Question asked about Direct Deposit of Payroll.  (1:38:50.90)

FO Jurrens offers comment, “Not all city employees bank in Alcester” (1:40:20.03)  FOJurrens opines employees must bank in Alcester, not true.  It is all in the routing numbers!

Agenda Item #10 – Community Center – Sheetrock coming.

Agenda Item #11 – Fair Board Councilwoman Darla Reppe.

Agenda Item #12 – Executive Session

1-25-2.3  Legal Counsel  7:51 PM – 8:06 PM Council, Attorney Sam and FOPat

1-25-2.1  Personnel  8:07 PM -8:50 PM Council with Attorney Sam w/o FOPat A great deal of laughing and pacing in this session. H-m-m-m

Agenda Item #13 – Adjourn  8:51 PM

Contact City Council

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

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples  

Councilman Brian Johnson               605-214-0282

Councilman Curtis Keiser                  605-214-7604

Patricia Jurrens                                  605-934-2517

“A GOVERNMENT BIG ENOUGH TO GIVE YOU EVERYTHING YOU WANT, IS BIG ENOUGH TO TAKE AWAY EVERYTHING YOU HAVE”

THOMAS JEFFERSON

I want especially to draw your attention to certain items in Resolution 2021-10 so I have highlighted portions of the document along with definitions and my comments:

SECTION 1 – RECITALS, AUTHORIZATION AND SALES

1.01- Recitals and Authorization:

1.01 (e) – this Council hereby determines that it is in the best interests of the City to authorize the issuance and sale of its Sale Tax Revenue and Refunding Bonds, in one or more series (the “Series 2021 Bonds” together with the Series 2018 Bonds and any additional parity lien bonds authorized hereunder, the “Bonds”), in a principal amount not to exceed the sum of $640,000.00 for the purpose of (i) refunding the Series 2011 Bonds. (ii) funding costs of capital improvements as authorized by the Ordinance, including construction of a community center (the “Projects”), and (iii) paying the costs of issuances of the Series 2021 Bonds, including an underwriter’s discount not exceeding 2.00% of the principal amount of any series of the series 2021 Bonds, original issue discount not to exceed 2% of the principal amount of any series of the Series 2021 Bonds) and bond insurance premium, if any.  The Series 2021 Bonds are issued on a parity (essentially using the same standards) with the Series 2018 Bonds.

1.03 –  City Officers Authorized to Execute Documents.  “The Mayor and Finance Officer are hereby authorized and directed to execute and deliver a Bond Purchase Agreement and the documents require thereunder (archaic expression meaning in agreement of the thing mentioned), the Official Statement, the Series 2021 Bonds and any other documents required to complete the financing contemplated hereby.  Execution and delivery of such documents by the Mayor and Finance Officer shall constitute (give legal form) to evidence that such items are consistent with the terms of this Resolution and have been duly authorized, executed and delivered by the City and are enforceable against the City in accordance with their terms, subject to customary exceptions relating to bankruptcy, reorganization, insolvency and other laws affected creditors’ rights.  The Mayor and Finance Officer are further authorized to take such other actions as may be required to effectuate (put into force) the terms and intent of this Resolution.  In the event of the absence or disability of the Mayor or Finance Officer, the acting Mayor or the acting Finance Officer is hereby authorized to act in the place and stead of the Mayor or Finance Officer, respectively, and to tall all actions and execute all documents approved hereby (as a result of this document).”

1.04 – Official Statement.  “If determined (who is determining?) necessary, the Mayor and Finance Officer are authorized, in cooperation with AMKO, to prepare one or more Official Statements to be distributed to prospective purchasers of the Series 2021 Bonds.  The Mayor and the Finance Officer are hereby authorized and directed to approve, and , if requested, to execute a final Official Statement.”

SECTION 2 –  BOND TERMS, EXECUTION AND DELIVERY

2.01  Execution, Authentication and Delivery.  “The Series 2021 Bonds shall be prepared under the direction of the Finance Officer (in my opinion our FO cannot direct a garage band let alone competently prepare a legal ‘promise’ to pay a lender their principal and interest) and shall be executed and authenticated on behalf of the City by the signatures of the Mayor and the Finance Officer and countersigned by an attorney resident and licensed to practice in the State of South Dakota…”

2.04 – Redemption  ” The Series 2021 Bonds may be subject to redemption prior to maturity, at the option of the City, in the years and at the redemption prices set for in an exhibit to a Bond Purchase Agreement…“ (Call Date – a credit enhancement feature which makes the Bond more attractive to the Bond purchaser such as a higher interest pay rate during the time when the outstanding amounts are at their highest. Call-able loans generally pay a higher interest rate than non-callable loans ie. the city will most likely pay a higher rate of interest for a call-dated Bond loan than a non-call dated Bond )

2.05 – Appointment of Initial Registrar  “The City hereby appoints the City Finance Officer as bond registrar (city employee who maintains the Issuers list of the names, addresses, and other identifying information of Owners of Bonds 2021 Series), transfer agent (she will make sure the investors receive their dividends on time yeah ya really trust that one?), and paying agent (Indenture Trustee or any other Person that meets the eligibility standards for the Indenture Trustee specified in Section 6.11 that has been authorized by the Issuer to make payments to and distributions from the Collection Account, including payment of principal of or interest on behalf of the Issuer. ( the “Registrar”)”

2.06 – Registration “The effect of registration and the rights and duties of the City and the Registrar with respect thereto (to this or that) shall be as follows:

2.06(a) – The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Series 2021 Bonds and the registration of transfers and exchanges of Series 2021 Bonds entitled to be registered, transferred or exchanged. (Really?  FOPat has trouble getting payroll out in a timely manner and you want to trust her to handle this?)

Folks these examples are all within the first four pages of the document titled “RESOLUTION NO. 2021-10”.  The Resolution 2021-10 document has 12-14 pages depending how you count.  I embedded the text of the Resolution 2021-10 document in the 07/26/2021 A Voice From the Gallery or you should be able to get a copy of the document from the city office (free) as well as the document must be published in the newspaper and on the Alcester City website.

One interesting item, City Attorney Sam Nelson was not at this meeting to advise the council members face-to-face before they voted.  The council just had to take the word and expertise of the Mayor as they relate to the legal language of this document.  In fact Mr. DeRaney made the statements with regard to his explanation of the Resolution 2021-10 Document, its language and its specifications (0:10:58.33)* and (0:11:02.10)* that “attorneys wrote the document and that he was not an attorney“ and we all know Mayor Haeder and Bookkeeper Jurrens are most assuredly not attorneys.

While I realize Resolution is not an easy read, I ask the Council members to please re-read the document, I ask the citizens of Alcester to please, please read the Resolution 2021-10 document and if you do not totally and completely understand and agree with what this document is allowing the Finance Officer and Mayor to do please take steps to stop it!

* These time stops can be found in the video published within the 07/26/2021 A Voice From the Gallery publication.

Interesting read, “Anatomy of a Bond issue: The Participants and the Steps” Donna Kreiser and David Unkovic public finance lawyers with McNees Wallace & Nurick, LLC., This article was published in the Winter 2014 edition of the Municipal Law Section Newsletter of the Pennsylvania Bar Association, March 12, 2014

Contact City Council

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

Councilman David Larsen            605-934-2434

Councilwoman Darla Reppe         605-934-2602

Councilwoman Linda Talbot         605-254-3074

Councilwoman Cyndi Peeples  

Councilman Brian Johnson           605-214-0282

Councilman Curtis Keiser             605-214-7604

Patricia Jurrens                             605-934-2517

Mayor Haeder called the July 19, 2021, city council meeting to order at 6:00 P.M. with the recitation of the Pledge of Allegiance.  Council members present were Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman  Cyndi Peeples, Councilman Brian Johnson and Councilman Curtis Keiser.  Absent were Councilman David Larsen and City Attorney Sam Nelson.

Mayor Haeder called the July 19, 2021, Alcester City Council meeting to order with the Pledge of Allegiance.

NOTE-  Folks I was accused of prolonging meetings when I was a council member and it was one of the unfounded accusations used to remove me from my council position.  Please note in this video the number of times Mayor Haeder detoured through the maze of his experiences in this non-council meeting or that non-council meeting or his personal philosophy on weeds and etc.

Agenda Item #3 -Approve Agenda-  Oh, Oh there was a glitch in the Agenda, City Attorney Sam Nelson was absent and the agenda needed to be amended.  Now folks the usual method of making an amendment is to first approve the amendment with a motion which specifically states the change in the agenda, a second to the motion to amend, discussion of the change and a vote to amend.  Second the council must approve the agenda with the amendment attached which requires a motion, a second to the motion, further discussion and finally a vote to approve the agenda.  (02:36:07) 

The quasi amendment to the agenda was specifically related to Agenda Item #9 under parenthetical items 9(b) through 9(g) which follow: 

Agenda Item #9(b) Property Nuisance (307 Iowa Street),

Agenda Item #9(c) Ordinance to Vacate alley,

Agenda Item #9(d) Ordinance Update of TITLE 3 – HEALTH AND SANITATION, Chapter 3.02 COLLECTION OF GARBAGE – 3.0201-  License for Commercial Collectors, 3.0202- License Terms,  3.0203-License Fees, 3.0204 – Issuance of License, 3.0205 – Criterion for Issuance of License, 3.0206 – Renewal or Continuation, 3.0207 – Vehicle, 3.0208 – Equipment, 3.0209 – Garbage Rate, 3.0210 – Collection (A collections schedule shall be approved by the City Council of the City of Alcester for garbage as well as yard waste and other recyclable matters and may be modified from time to time only with prior approval of the City Council of the City of Alcester), 3.0211 – Recyclable Collection Plan, 3.0212 – Revocation of License, and 3.0213 – Penalties.

Agenda Item #9(e) Ordinance Update of TITLE 5 – OFFENSES, Chapter 5.01 OFFENSES AGAINST PUBLIC WELFARE – 5.0101- Interfering with Public Improvements, etc., 5.0102 – Intentional Damage to Property (you mean destroying political signs?), 5.0103 – Disorderly Conduct (you mean (H) Commits any act which tends to corrupt the public morals or outrages public decency is guilty of disorderly conduct which is hereby prohibited.), 5.0104 – Open Containers,5.0105 – Indecency, 5.0106 – Public Urination and Defecation Prohibited, 5.0107 – Bikes, Roller-Skates and Skateboards Prohibited in the Business District.  (SO WHO IS GOING TO POLICE THIS ONE?) 

Agenda Item #9(f) Ordinance Update of TITLE 7 – TRAFFIC CODE,   CHAPTER 7.05 PARKING AND STOPPING – 7.0501- Parking Prohibited in Certain Places ((J)No person shall park any creational vehicle in any street within the City for a period longer than seventy-two (72) hours.  Recreational vehicle(s) shall be tagged by a law enforcement officer and a warning issued to remove within seventy-two(72) hours.  Failure to do so will result in removal by the City at the owner’s expense.  For purposes of this Section, recreational vehicle is defined to include, but shall not be limited to the following-Cargo trailers, Travel trailers, Pickup campers or coaches, Motor-homes ,Camping trailers, Boats and boat trailers, Snowmobiles and snowmobile trailers, Jet ski and jet ski trailers, golf carts and golf cart trailers, all-terrain vehicles and all-terrain vehicle trailers, Dirt bikes and dirt bike trailers and Any other recreational equipment or cases, boxes or items used to store or transport such recreational equipment. ), 7.0502 – Standing for Loading or Unloading Only in Certain Places, 7.0503 – Parking Zones, 7.0504 – Penalty, 7.0505 – Non-Parking Areas, 7.0506 – Obstruction of Traffic, 7.0507 – Parking in Central Business District Prohibited During Snow Season,  7.0508 – Parking During Snow Removal Alert Prohibited, 7.0509 – Ticketing and towing Vehicles, 7.0510 – Abandoned Vehicles, 7.0511 – Parking and Storage of Certain Vehicles, 7.0512 – Towing Costs, 7.0513 – Establishment of Parking Spaces for Disabled Persons, 70514 – Parking spaces for Disable Marking, 7.0515 Parking spaces for Disabled Eligibility for Use, 7.0516 – Report of Improper Use of Special Plates or Certificates-Revocation of Privilege, 7.0517- Use of Privileges by Persons as a Person without a Physical Disability as Violation of Chapter, 7.0518 – Unauthorized Parking in Handicapped Space as Violation of Chapter.

Agenda Item #9(g) Resolution Personnel Policy Manual, Policy 7- Leave Of Absence Section 7.02 (a).  Folks I do not have a final draft copy of the 2020 Personnel Manual as drafted by Melissa Kay.  Unfortunately the numbering system was changed in her draft and again from the version outlined in Agenda Item #9(g).  Here is what I have:  7.2 VACATION LEAVE :

All qualified employees may accrue and use vacation leave (see policy 3- policy 3 deals with employee classifications-Appointive Official, City Employee, Regular Full-time Employee, Part-time employee, Temporary/Seasonal Employee, and Employee with less than six Months of Service) -Schedule – Lengths of Service w/ days of vacation per year so 0-6 mos. of service would earn 3 days of vacation, 6 mos-1 year would earn 5 days of vacation, 2yrs to four yrs of service would earn 10 days of vacation, 5 yrs to 9 yrs of service would earn 12 days of vacation and 10 yrs and above yrs of service would earn 15 days of vacation.  Employees on leave-of-absence without pay or suspensions without pay do not accrue vacation leave benefits. Vacation hours not used during the calendar year in which they are earning may be carried over into successive years.  Eligible employees may accrue a maximum of 45 working days of vacation leave.  Upon accrual above the maximum vacation leave hours, hours accrued will automatically be subtracted down to the maximum allowable hours without time being granted for leave.  It is the employee’s responsibility to ensure that hours are used on a timely basis according to this policy. ***

Upon separation from employment, an employee will be paid for any accumulated vacation time.  Reimbursement for vacation leave will be at the employee’s salary rate per their last day of employment.  When an employee’s vacation time falls on a holiday, such time is not to be subtracted from an employee’s vacation leave balance. Vacation leave must be scheduled with the employees Department Head at the earliest possible time prior to the use of such leave.  The City reserves the right, within reason, to disapprove requested time for vacation leave.  However, the City will make reasonable effort to accommodate employee requests for time off.  Vacation leave will be granted on a first come, first serve basis, based upon operational needs.  The minimum amount that may be charged to an employee’s vacation leave is one hour per leave period.

Employees shall requested the use of vacation leave by filling out a leave request form  The employees Department Head will either approve or deny the request.  The Finance Officer will supply the Mayor and City Council with a full record of vacation time accrued/used for each employee at least one per month.

Comp time must be exhausted before using vacation leave.

Agenda Item #4 – Approve Minutes of June 7, 2021, and June 21, 2021.

Agenda Item # 5 – Public Input

I must apologise for my lack of full clarity in my comments. (0:04:18.73)  I will now attempt to clarify my comments.  First the Sunshine request/FOIA documents I handed to the council.  I have a FOIA/Sunshine request currently open with the Finance Officer Jurrens refusing to comply stating she would not violate personal information.  This was the same, lame excuse she attempted when I asked for freedom of information for the list of notices she sent out for over-hanging trees.  These were public information.  My current Sunshine/FOIA request asked for water-usage information for non-residential properties and which billing is sent out on a post card. 

My second point of input involved prodigious weed growth in the west ditch on South Lincoln Drive at the Alkota property.  As I listened to my video, I found that I did not fully identify the location.  At the spot I was referencing, culverts had been placed in the ditch to accommodate the water run-off from Lincoln Drive.  The ditch was lined with larger rocks to prevent soil erosion which obviously cannot be mowed.  This area is not a duty for Alkota to maintain because the city of Alcester is using it as a run-off area so falls to the city to maintain and keep it weed free.

My third point of input involved FCS and the moratorium on property taxes made by the city of Alcester when the property was annexed into the corporate city limits of Alcester.

Finally I discussed the garden hose stretched out across the park/carnival ride portion of the fairgrounds questioning the wisdom and waste of water and seed two weeks before the fair.  Since the garden hose went to the first street building belonging to FCS, I presumed they were paying for the water.  I have spoke to the council before regarding the water usage amounts by entities not paying for water usage.  Past audits had strongly recommended water usage be tracked even if the city was not charging for the water.  I concluded my comments with the fact we no long pull water from wells, we pay a much high price for the water we get from South Lincoln Rural water than we did from those long ago wells.  It appears we still are not tracking it against audit recommendation and in essence we are being wasteful of our water.

Councilwoman Darla Reppe comment on complaints about weeds she had received from her constituents. (0:10:04.23)

Agenda Item #6 – Community Building Bond- Rescheduled meeting for July 26, 2021, at 6:00 p.m.

Agenda Item #7 – Reschedule Public Hearing Alcohol License.  Meeting August 2, 2021.  At (19:43.23) I asked for permission to speak to the discussion concerning lack of public at public meeting and permission was granted.  Councilman Keiser had brought up the subject of computer participation because he was going to be missing some meetings unless he could participate via a device.  In the past we had routine participate from home by Melissa Kay, Marcus Ireland, David Larsen and others via telephone.  I never heard Mayor Haeder comment about to these folks they really needed to show up in person.  SDCL 1-25-1 OPEN MEETING says, “Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call. If the state, a political subdivision, or a public body conducts an official meeting by teleconference, the state, the political subdivision, or public body shall provide one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, which has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive or closed meeting.  SDCL 1-25-1.2. TELECONFERENCE DEFINED. For the purpose of this chapter, a teleconference is information exchanged by audio or video medium.”

In addition Mayor Haeder, the City can stream the public hearing meetings via Sling Studio.  Surely that technology is not beyond the capabilities of the city bookkeeper.  In this day and age of technology the city surely can find a few coins here and there to pay for the ability of its residents to watch the council meeting live streamed.  I mean Mayor Haeder,  you already video tape the meeting so why not live stream it and put it up on the website.

Agenda Item #8 – SD DOT Input  Commentary from public expires on July 21,2021.  Link to information on this long term plan is https://dot.sd.gov/projects-studies/planning/long-range-plan

Agenda Item #9 – Legal Updates – Sam Nelson city attorney.  Mr. Nelson was away so the item dealt with on this agenda item was the Banner Agreement (0:23:09.23) concerning to the best of my knowledge relates to the Waste Water Facility. 

Agenda Item #10 – Police Department – Police Chief Austin Schuller gave his updates.  On a related note, review proposed Ordinance changes.  These changes will create more ‘busy’ work for our police department.  Maybe ‘Karen’ from the Finance Office can hand out the violation tickets and leave the police work to those who have been trained and certified.  Also Mayor Haeder noted if the Police Chief had any questions he could call the Mayor, the Finance Office or the Public Safety Committee.  Call the Finance Office, WHY for pity’s sake. Why would our Police Chief call the city bookkeeper for advice.  It seems from past behavior she has a tenuous grasp on legal issues. (0:29:14.20)

Agenda Item #11 – Department Head Updates – No department heads were present.  Although weeds in the cemetery were discussed along with some choice comments on weed whacking. (0:33:23.20) , (0:34:08.87), (0:34:50.13) and (0:35:14.87)  Mayor Haeder seemed to make excuses for this lapse of cemetery care with his comment (0:33:42.17)  So just who is supposed to be supervising this employee?

Agenda Item #12 – Library Surplus Property

Agenda Item #13 – Finance Office Update  Check written to the Road Guy for the final payment for his bid on Chip Seal.  Check written to R&R Construction in the amount of $4,590.00 for Park Street Curb and Gutter Replacement.  Mayor Haeder stated he got a good deal (0:42:39.37)  Doesn’t the Mayor live on Park street? I thought the property owner had to pay that fee. We paid somewhere around $2,500 when we replaced our curb and gutter on Lincoln.  Hired a couple of life guards and the June warrants were approved.

Agenda Item #14 – Alcester American Legion Auxiliary permit to destroy tattered and worn flags. Permit approved.

Agenda Item #15 – Community Center

Agenda Item #16 – Fair Board Update – None  Councilwoman Darla Reppe asked about the water leak and Finance Officer Jurrens responded they still did not know where the leak was.  Wonderful and the county just finished putting in an asphalt road in that general area.  S’pose it (the leak) is under the new asphalt (0:52:02.13)

Agenda Item #17 – Executive Session if needed  Nope not needed

Agenda Item #18* – Adjourn at 6:55 p.m.

*Note-there was an after council meeting discussion of the Public Safety Committee concerning applicants for the position of Police Chief.  One word of caution to that committee, “don’t hire some rube who is not nor has ever been a certified police officer as police chief no matter how many times it adds up for the city bookkeeper.”  The city already tried this in the past and it was a masterful disaster

Contact City Council

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

Councilman David Larsen            605-934-2434

Councilwoman Darla Reppe        605-934-2602

Councilwoman Linda Talbot        605-254-3074

Councilwoman Cyndi Peeples  

Councilman Brian Johnson          605-214-0282

Councilman Curtis Keiser             605-214-7604

Patricia Jurrens                             605-934-2517

Don’t be afraid of being outnumbered. Eagles fly alone, Pigeons flock together.

Unfortunately I missed the May 24th meeting, however the meeting was taped but due to some technical difficult only the last half hour or so was recorded successfully.

Please note the city attorney was not present and here we have mayor Haeder and FO pat carrying-on without legal counsel. The Special meeting commenced at 6:00 p.m. with Councilman David Larsen, Councilman Brian Johnson, Councilman Curtis Keiser, Councilwoman Cyndi Peeples, Councilwoman Talbott and mayor Haeder present. AWOL were Councilwoman Darla Reppe and City Attorney Sam Nelson. This was a special meeting solely for the “emergency” purpose (if the agenda is to be believed)of discussing the South Dakota marijuana laws and the city of Alcester’s enactment of it’s own ordinances regarding the licensing, dispensing and growing/harvesting of marijuana. So mayor Haeder and FO pat think it is prudent to carry on without the interpretation, language advice of the city attorney? REALLY?

I find it utterly amazing after viewing what video was retrievable, the council weighed in on legal issues without city attorney Sam Nelson present to advise them. Particularly after comments made by former councilman Marcus Ireland and city attorney Sam Nelson concerning semantics and the language of law in the May 17, 2021, meeting.

Take special note that FO pat took up a position in front of the council to spew her hear-say presumably from the city attorney on the issues involved in the abandonment of an alley bordering on the property of Joe Constance. Unfortunately the past council and mayor have religiously accepted the squawkings of the city bookkeeper as she “interprets’ the law and other non-financial agenda items for them. Yeah right. I sincerely hope that the new council persons do their own research.

Another concern is what appears to be a proclivity for the city bookkeeper to seek the advice of the city attorney on her own initiative. WHY? Why is the city bookkeeper requesting legal opinions which results in billable hours, without mayor Haeder or the Alcester City Council formal approval. Dear heaven the council could just as well ask pinterest for an interpretation opinion, oh wait witnessing the hear-say opinion via FO pat it appears they are! Just curious about those phone calls.

‘Til next meeting.

(01:26:55.) Mayor Haeder says, “…it’s irrelevant…”

05/03/2021 A Voice From the Gallery

Folks the situation with the lease between Union County and the City of Alcester had its start in1970 when the two entities entered into a lease where the City of Alcester agreed to lease city owned property to Union County for purposes of 4-H and the Union County Fair. 

1970 LEASE

1980 LEASE

Please note, “…This lease is not assignable without the written consent of Lessor (the City of Alcester)…“

TIME-LINE OF EVENTS

November 30, 2010 Six Month Lease ($50.00 per month) between Union County and Keith Anderson for the Hoop Barn Building.  Under Utilities:  “If requested by the Lessor (Union County), in addition to the rent set forth in paragraph two, herein, Lessee (Mr. Anderson) shall also pay all expenses for utilities on the property during the term of the lease as well as all expenses for utilities used on the property during any period during which Lessee has possession of the property.”

December 7, 2010 Four Month Lease ($150.00 per month) between Union County and AGA (Bill Boyer) for the Union County Fair Ground’s Parking Lot. 

March 8, 2011

         

Resolution UCC 2011.001

September 6, 2011 Public Properties – ” the board set the property and minimum prices to be advertised on the public properties available for lease.  The board set the minimum bids on the following property:  Beef Barn: $450/ $45 per month/$20 per week; Show ring – $1200.00; $120 per month/$40 per week; Exhibit building (excludes meeting room) – $1000/$100 per month/25 per week; Hoop Building – $500/$50 per month/$25 per week; Fairgrounds Parking area (Jan thru April , one month extension with board approval) $1250./$150 per month-no weekly…”

September 29, 2011

September 1, 2012,  Union County Commissioner Meeting

          Under Public Auction, “…A public auction was held to auction the fairground buildings and property as advertised.  The fairground buildings were auctioned at the yearly rate and allowed to be pro-rated by month…Farmers Coop Society, was the bidder for the Fairground parking area @ $1250…”

October 13, 2015, Union County Commissioner Meeting

          Under Auction, “As advertised, the grandstand area on the Alcester Fairgrounds was put up for action for leasing purposes.  Opening bid started at $1250 with the only bidder being Farms Cooper Society (Ryan Schoenfelder)  Lease agreement will be signed.”

January 19, 2016,  Union County Commissioner Meeting

          Under Fair, “Fair manager Janet Lingle discussed with the board the possibility of the Farmer’s Coop’s plan to build a building on the fairgrounds in Alcester.  Because the county has a lease with city of Alcester for 99 years, the fairboard and commissioners will be involved in this process.  Lingle will gather more information regarding the building.”

August 2, 2016, Union County Commissioner Meeting

          Under Public Auction, “…Discussion took place on the auction items for lease.  Fair manager Lingle and SA Miller present for discussion.  Discussion took place on the current lease agreements.  Motion by Headid, second by Karpen to follow the contract for the penalties in the lease agreement as written.  Motion Carried.”

August 16, 2016, Union County Commissioner Meeting

          Under Lease Agreement, ” Ken Ehrp, Farmers Coop Society, met with the board regarding a lease agreement on county property. (Previous decision-August 2, 2016, minutes) Following a discussion on the lease and the condition of the fairground property, motion by Karpen, second by Headid to follow the contract lease agreement to the full extent.  The fee is $5000.00 and grounds must be restored to its original pre-lease condition.  The fair manager will do an assessment of the property to determine compliance.  Motion carried.  Vote: 3 Aye, 1 Nay, (Schempp) and 1 Abstain (Ustad)  Motion carried.

08/16/2016 a Voice From the Gallery

          “Councilman Mark Dykstra resigned from the Union County Fairboard and according to Councilman Dykstra, “he just could not in good conscience put up with dumping grain on city ground”. He finally ‘got it’ that Mayor Pete Larsen was acting responsibly by forcing the Union County Commissioners to get city permission to sublet the city ground and bar any grain dumping on city property. After Mayor Larsen’s visit with the commissioners, they did run the city ‘fairground’ land sub-leases past the city council. But alas when Mayor Rick Johnson and Mayor Tom Glas took office it appears the commissioners no longer felt the need to get Alcester city approval anymore and with no one to hold their collective feet to the fire, the commissioners got away without city approval.”

August 30, 2016, Union County Commissioner Meeting        

          City of Alcester – “Representatives from the city of Alcester, Mark Dykstra, Thomas Glass and David Larsen met with the board to discuss the $5000 penalty imposed on the Farmers Coop Society (see minutes of August 2 and 16).  Dykstra asked if the county could impose partial fine now and defer the remainder of the balance until 2017; also questions where they $5000 would be placed as the city owns the property-leased to the county for 99 years.  Chairman asked Dykstra if he would be the city council representative on the fairboard as he resigned from the fairboard recently.  He indicated that he would be willing if he was reconsidered for the position.

So Mayor Haeder, irrelevant?

So let’s address the written permissions from the city for the county to sub-lease.  Where are they?   NOT RELEVANT!

Now about the destruction of our land?  Still happening!  So where is the penalty money and the “put-back” to the way it was when the county first leased it.  Who in Hades is watching this?  H-m-m  Mayor you are in charge, where is your over sight?   Lease ends on January 2, 2079.  Just how much more damage can happen? NOT RELEVANT!

Let’s address liabilities mentioned by the sub-leases of the county?  Union County has taken great pains to protect itself from liabilities engendered by its lessees.  In those leases Union County appears to fail to protect the City of Alcester, the Primary Lessor.  NOT RELEVANT? 

So if anyone suffers an injury due to the sub-lease by Union County, apparently the county is protected by their lease but as actual owners of the land, just where does that place the City of Alcester.  It seems to me, the City of Alcester and its tax-paying residents are in the TAG-YOU’RE-IT! end of the line.  NOT RELEVANT?

Now to the water issue.  Repairs?  Check out the lease provisions in the County’s sub-leases with bidders for the City property.  Specifically the Utilities.  Ya know electric, water and so forth.  Oh yeah that water we buy from South Lincoln Water and has been leaking.  Yeah that water, me boyo!  You appear to believe it is okay to delay, play, repairing the leak, instead you are satisfied with turning the water off  to the fairgrounds when the fairgrounds are not in use.  Then when there is a need for water at the fairgrounds, you give someone a wrench to turn the water on and allow thousands of gallons of water to leak.  Ya ever think how many gallons of precious water is wasted?  Ya ever think how much those wasted gallons of water cost us, you remember us…Alcester taxpayers.  NOT RELEVANT?

Folks think about it, the council approved $12, 629.37 repairs to fix a twenty year old wheel loader ’cause it was necessary.  So tell me folks, which is the higher priority, WATER or some relic piece of machinery.  Like the finance officer, the relic machinery can be replaced or rented, WATER cannot be replaced!