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

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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

01/11/2023 A VOICE FROM THE GALLERY

TRUTH TRACKING HAEDER STATEMENTS IN VIDEO OF 01/09/2023 REGARDING HIS RISE TO MAYOR

Mr. Closson question, (00:28:04.53) “…How did you become mayor…were you voted in…”

Mayor Haeder response (00:28:07.87) “…actually I was…”

Mr. Closson question, (00:28:17.67) “…was there a special election…”

Mayor Haeder response. (00:28:13.10) “yeah…there was…”

 Folks, after the May 4th, 2020, meeting Mayor Tom Glass hand wrote, on a lined sheet of notebook paper that he quit as of May 4th, 2020, and he signed and delivered the document to the (I believe) Finance Officer Pat Jurrens in city office that evening.  During that meeting I had made a presentation during Public Input regarding the recall of Mayor Kim Shefte.  At that time I presented the council with Headlines which appeared in the May 25th edition of the Alcester Union of the 1) Recall petition filed against Mayor Shefte, Headlines in the June 12th, 2000 edition of the Argus Leader paper 2)Alcester quashes recall, and the Argus Leader article, 3)Alcester Council President to fill in as Mayor dated June 21, 2000, and which in a subsequent city council meeting Mayor Shefte resigned immediately before a second recall petition was to be presented.  I explained to the council the first headline dealt with the Recall Petition, the second headline involved the news that our petition was kicked back because it was not specific enough and the third article dealt with the corrections made to the original petition to make it specific, signatures were again gathered and we were re-presenting the petition but just prior to that re-presentation Mayor Shefte quit.  After my explanation of the documents I presented to the council I was asked the question, “Is this a threat?”  I answered, “No, a promise!”

On May 13, 2020, when I became aware of this notice, I wrote a blog where I pointed out that this resignation had to be accepted by the council.  This left Alcester Councilmember David Larsen President of the Council as Mayor Pro Tem until a new mayor would be appointed or elected. 

In my May 13, 2020, blog I called for a

Special Election,

No Appointment!

A Special Election!

On May 18th, 2020, (per 05/18/2020) approved minutes*) date of a special city council meeting, Mayor Pro Tem David Larsen called the meeting to order with Dan Haeder seated as the Ward III councilman.  Agenda Item #4 notified of the Mayoral and Ward II Vacancy with a) motion to appoint Dan Haeder as mayor until the next election, b) administer Oath of Office and c)advertise vacancies for Ward II and Ward III (Dan Haeder’s council position).

On June 1,2020, Mayor Pro Tem David Larsen called the meeting to order. (Per 06/01/2020 approved minutes*) At 6:35 p.m. and after executive session Alcester City Councilman Dan Haeder resigned his position as Ward III Councilman.   A  motion was made to appoint Dan Haeder as Alcester City Mayor until the April 2021 election. The motion was seconded and approved with five ayes.

On May 3, 2021, Mayor Dan Haeder called the meeting to order, (Per 05/03/2021 approved minutes*)  When the new council was seated at 6:14 p.m. with Dan Haeder taking the oath of Office for Mayor and Cyndi Peeples taking the oath of office as Ward I Councilwoman new council dealt with city business.  It is to be noted here (per the approved minutes of March 1st city council meeting),  “The City will not host an election in April 2021. Two petitions completed – one for Mayor and one for Ward I.“  So Dan Haeder ran unopposed, winning (?) by default.

*These minutes can be found in their entirety on the city website under 2020 and 2021 minutes.

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-

01/09/2023 A VOICE FROM THE GALLERY

The  January 9, 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, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:53.53)  AGENDA ITEM #3 – APPROVE AGENDA  approved unanimously X 4 aye votes.

(00:02:11.00)  AGENDA ITEM #4 – APPROVE MINUTES OF DECEMBER 5TH AND 19TH, 2022  Approved unanimously X 4 aye votes.

(00:02:56.70)  AGENDA ITEM #5 – PUBLIC INPUT

          (00:03:04.07)  POLICE CHIEF AUSTIN SCHULLER Chief Schuller   read a statement to the councilannouncing his resignation.

          (00:06:15.77) VICKIE LARSEN – I spoke to the resignation of both Alcester police officers noting coverage of patrol is not an option with the sheriff’s department.  I spoke to the very real possibilities of robberies, assaults and increased drug presence in our community.   I spoke to the inance office and our options for a new finance officer, noting we could do an internship with an accounting student or contract with our accountants or    the finance officer in another city for oversight while the city replaces the Finance Officer with a suitable candidate.  While I did not call for the termination in the council meeting, I now call for the resignation or termination of Finance Officer Jurrens for cause.  I spoke to the replacement or recall of Mayor Haeder.  In my  opinion he is as effective in his duties as chief law enforcement of the city of Alcester as hockey puck and his role as Mayor is not to ride rough-shod over the council, to allow the bullying and retaliatory behaviors as exhibited in his staff.  Still using hockey terms his  type of failures are usually rewarded with a charge of checking and removal from the ice.  So folks we do have the power to remove him by recall.

          (00:10:23.10)  KERRY HEDDEN  addressed the council with his concerns over the budget shortfalls and transfers of money.  He asked the question, “…what is going to happen next year…” to which he received an “…I don’t know answer from Mayor Haeder and FOPAT.

          (00:17:15.83) BABETTE MERCHANT addressed the council on the loss of our police officers as a resident and as a member of the Alcester Ambulance crew.

          (00:22:47.77) HOWARD CLOSSON addressed the council speaking to the treatment and slanderous statements made by Finance Officer Pat Jurrens, threatening letter of Alcester Building Inspector Geoff Fillingsness and the ineptitude of Mayor Haeder.  Mr. Closson is the owner of 307 Iowa street property.  Mr. Closson is a US Army Decorated Combat Veteran having spent 14 years in the Army, a former Gregory County deputy sheriff and has no criminal record! NOTABLE POINTS           (00:25:18.63) Geoff Fillingsness approved a building in Canton  which collapsed within days of the approval. (00:28:04.80)  Haeders mayoral take over.  (00:29:05.13)  Officer Lass is ordered by Mayor Haeder to remove Mr. Closson.  Officer Lass asks on what charge?  Listen to the exchange folks.

          (00:29:45.20)  RICHARD AKLAND addressed the council.

          (00:30:51.63)  MAYOR HAEDER addresses a orange sediment in the      water complaint.

          (00:37:33.77)  COUNCILMAN KYLE VANDENHUL spoke to attendance at the meeting.

(00:38:27.43)  AGENDA ITEM #6 – FIRE WORKS  TRAVIS ROBINSON  No show, no action taken.

(00:41:05.03) AGENDA ITEM #7 –  POLICE DEPARTMENT Office Lass addressed the council.  Listen (00:42:00.63)  to Mayor Haeder cast aspersions on the PD, is it any wonder why we no longer have officers to protect us.  Who is going to protect us from the Mayor?

(00:46:06.10)  AGENDA ITEM #8 – RESIGNATIONS  – Motion to accept resignations of Chief Austin Schuller and Officer Grayson Lass.  Approved unanimously X 4 aye votes.  Further discussion on equipment and advertising for police officers.

(00:01:00:06.37)  AGENDA ITEM #9 –  LEGAL UPDATES – Sam Nelson Alcester City Attorney ABSENT.  NO ACTION  (01:01:12.27) Councilman Kyle Vandenhul comments on the absence of the city attorney.  Council members discuss seeking new legal counsel or stay with Frieberg, Nelson and Ask.

 (00:01:10:54.77) AGENDA ITEM #10  2023 RETAINER AGREEMENT – Unanimous X4 aye votes.

(00:01:12:29.73)   AGENDA ITEM #11  2023 OFFICIAL NEWSPAPER – Unanimous X4 aye votes.

(00:01:13:22.83)  AGENDA ITEM #12  – 2023 OFFICIAL BANK – Unanimous X4 aye votes.

(00:01:14:06.93)  AGENDA ITEM #13  – 2021 AUDIT REVIEW – Unanimous X4 aye votes.    Mention was made of an increase in fees to do our audit.  Mayor Haeder speculates (01:20:49.57) the new rate to do the city audit will no longer be $9000.00 but with the new company will raise by 45% so conceivable the new rate could be $13050.00?  WOW!

(00:01:24:58.80) AGENDA ITEM #14  ICE MACHINE  Black  mold in the old machine,  discussion on the purchase of a new machine.  Projected cost somewhere around $4691.35.  The city needs to sell the bar, it is a money pit the city cannot afford.  The rent cannot meet the city expenses.  The current lessee had expressed an interest in purchasing the bar.  SELL IT. Unanimous X4 aye votes.

(00:01:39:11.83)  AGENDA ITEM #15  PAYGOV-CREDIT CARD, DEBIT CARD, ACH TRANSACTIONS Unanimous X4 aye votes.

(00:01:44:35.17)  AGENDA ITEM #16 -BILL APPROVAL

  • BEELNER SERVICE – Sprinklers  $4770.00
  • SECOG – Grant preparation $4000.00
  • INDUSTRIAL PROCESS TECHNOLOGY – Bond  $51120.00
  • BANNER ENGINEERING – EngineeringServices  $18.083.18

 (00:01:48:17.40)  AGENDA ITEM #17 – FINANCE OFFICE UPDATES

          a) Payroll approval disc. Need advice from City Attorney Sam  no action

          b) Warrants (00:01:54:35.03)  Unanimous X4 aye votes

          c) Workshop 02/06/2023  notification

          d) Resolution of Fees 2023 City of Alcester (00:01:56:57.90) Unanimous X4 aye votes.

          e) 2023 Municipal Election information* (02:10:12.47)

  • MAYOR    FOUR (4) YEAR TERM
  • WARD I     TWO (2) SEATS OF TWO (2) YEAR TERMS
  • WARD II   ONE SEAT ONE (1) YEAR TERM
  • WARD II  TWO (2) SEATS OF TWO (2) YEAR TERMS*

*ERROR ON NOTICE OF VACANCY … WHERE IS WARD III THIS INFORMATION CAME STRAIGHT FROM THE FINANCE OFFICE DOCUMENTS. SO PAT YA’LL DON’T PROOF THE DOCUMENTS YA’LL HAND OUT?

          f) 2023 Salaries (02:14:40.67)   Executive session to discuss employees wages (there are no salaried employees in the city of Alcester).  (02:15:42.60) Council enters into Executive session at 8:15 P.M. and exits Executive session at 9:21 P.M.  Note here, after my camera is shut down   Councilman Driesen tells FOPAT she is to leave with the gallery yet she ignores him and remains in the session.  Mayor Haeder allows the city bookkeeper in the wage discussion executive session where she has no say or purpose in that session. Unanimous X4 aye votes to accept the 2023  “Salaries”

          g) Reminders and updates

(02:23:28.77) AGENDA ITEM #18  EXECUTIVE SESSION   NOT NEEDED

(02:23:43.37)  AGENDA ITEM #19 ADJOURN  MEETING ADJOURNED AT 9:28 P.M.

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

01/07/2023 A Voice From the Gallery

It is now time for a reckoning!

Folks it is now up to all residents of Alcester, SD take their town back. Through the machinizations of a manipulative, avaricious employee and the total and absolute mis-feasance, mal-feasance and non-feasance of Mayor Haeder we are now without law enforcement. Congratulations Mayor Haeder you managed a HAT TRICK!

Folks, you have the power to remove Mayor Haeder “for cause” and you have the power to demand the dismissal of the Finance Officer, again “for cause”. The agenda can be found on the city website under Agendas 2023. Read the agenda, write down your questions and do not let Mayor Haeder get away with his usual non-answer responses. Raise your voices!

The meeting is Monday, January 9, 2023, at 6:00 p.m. Be there with your voices and votes.

12/19/2022 A Voice From the Gallery

The  December 19, 2022, 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, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent.  The council and gallery recited the Pledge of Allegiance. 

(00:01:17.30)  AGENDA ITEM #3 – APPROVE AGENDA  Approved unanimously x 4 aye votes.

(00:02:59.63)  AGENDA ITEM #4 – COMMUNITY DEVELOPMENT  SETH WEILAND  Mr. Weiland made a brief presentation after a couple of questions regarding how far along the council was with a community development plan.

(00:15:19.50)  AGENDA ITEM #5 – PUBLIC INPUT

          (00:15:28.10)  VICKIE LARSEN

          (00:20:40.53)   DAVID LARSEN PUBLIC INPUT

          (00:21:59.47)  DARLA REPPE PUBLIC INPUT – AT LARGE COUNCIL MEMBERS. Folks you do not want this to happen. Already Ward I and Ward II are not fully represented or equally. You do not want the possibility of having someone not from your Ward speaking for you. YOU need to speak, get with the other members of your Ward. Take control of your votes!

          (00:23:37.43)  CYNDI PEEPLES PUBLIC INPUT – Ice machine failure at the bar.

           (00:25:47.53)  MAYOR HAEDER brought up the renaming of Vast to Bluepeak.

(00:27:46.73)  AGENDA ITEM #6 – LEGAL UPDATES CITY ATTORNEY SAM NELSON – ABSENT.    

 (00:28:22.03) AGENDA ITEM #7 –  CHAIRPERSON UPDATES

(00:32:40.77)  AGENDA ITEM #8 – COMMUNITY BLOCK GRANT FUNDING PAPERWORK  (0:33:05.03) RESOLUTION 2022-09 FAIR HOUSING  UNANIMOUS X 4 AYE VOTES  (00:35:17.80) RESOLUTION 2022-10 EQUAL OPPORTUNITY POLICY UNANIMOUS X 4 AYE VOTES  (00:37:17.50)  AUTHORIZE THE RELOCATION, DISPLACEMENT AND ACQUISITION PLAN UNANIMOUS X 4 AYE VOTES.  (00:38:40.17) AUTHORIZATION TO APPROVE CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING  UNANIMOUS X 4 AYE VOTES.  (00:40:45.50)  AUTHORIZATIONTO ALLOW MAYOR HAEDER TO SIGN AN EXCESSIVE FORCE POLICY  UNANIMOUS X 4 AYE VOTES.  (00:43:37.63)  ORDINANCE 2022-11 CODE OF CONDUCT CHAPTER 1:05 TO THE CITY OF ALCESTER ORDINANCES UNANIMOUS X 4 AYE VOTES. The city had to adopt all of these measures to gain grants to fund what…an albatross?

(00:48:39.03)  AGENDA ITEM #9 –  FUND TRANSFERS – Discussion  (00:49:42.37)  Listen to FOPAT defend her actions.  (00:49:59.30) Listen to Mayor Haeder talk to “camera people” demanding they understand his unfathomable and unplumbed analogies.   (00:50:34.50) 

MAYOR HAEDER, THE ONLY PAST ADMINISTRATIONS YOU COULD POSSIBLY KNOW OF ARE THOSE OF YOUR TWO PREDECESSORS GLASS AND JOHNSON WHO WERE AS CLUELESS AS YOU WHEN IT COMES TO SENSIBLE GOVERNANCE OF A MUNICIPALITY!

Folks listen to Mayor Haeder blame you for not understanding his vague grasp of municipal finance.  He blames you for his and FOPAT’s penchant for recklessly spending your tax dollars.  Listen closely.  (00:55:47.37) Mayor Haeder, your explanation of the purpose of an enterprises fund is like skydiving and while you are drifting your way down to earth, ya’ll keep cutting the cords that keep the parachute open and your HOT AIR is just ain’t inflating the reality of that sudden stop that is waiting for you at the end of your descent. (01:04:44.03)  You really did not just go there.  Those two didn’t quit, they could no longer stomach the machinations of FOPAT and you did nothing.  It is on you Mayor Haeder!  (00:01:07:12.13)  MOVING MONEY AROUND FROM ONE ACCOUNT TO ANOTHER.  SAY ISN’T THAT WHAT ‘EASY EDDIE’  DID WHILE CONSPIRING WITH AL CAPONE?

(00:01:14:08.23) AGENDA ITEM #10  – SUPPLEMENTAL APPROPRIATIONS ORDINANCE 2022-08  VOTE  THREE (3) AYE (Reppe, Peeples and VandenHull) VOTES AND ONE (1) NAY (Driesen)

(00:01:15:06.03)   AGENDA ITEM #11  FINANCE OFFICE UPDATES

(00:01:27:48.30) EXECUTIVE SESSION TO DISCUSS SALARIES/PERSONNEL  In Executive session at 7:27 p.m. and out of Executive session at 8:42 p.m.  (00:01:30:40.73)  Mayor Haeder moves on to Agenda Item # 11 (f) Year End Warrants without taking any action or approval of the 2023 salaries.  Agenda Item #11(e)(iv) called to an approval of the salaries but Mayor Haeder failed to call for the approval action.  So I take it through that failure to call the motion to a vote, no salary changes were approved for the employees of the city? What is going on? We only have FOPAT’s word when it comes to the City Attorney’s advice, she is not an attorney. We are expected to take HER word?

(00:01:34:16.03)  AGENDA ITEM #12  – EXECUTIVE SESSION IF NEEDED – NOT NEEDED

(00:01:34:32.23)  AGENDA ITEM #13  – GOLF COURSE/COMMUNITY CENTER.  Motion to hire Jenna Smith as a cook at a wage of $12.00 per hour effective immediately.  Second was made with the motion passing.  Unanimously X 4 aye votes.

(00:01:35:33.60) AGENDA ITEM #14 – ADJOURN  MEETING ADJOURNED AT 8:48 P.M. 

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

12/06/2022 A Voice From the Gallery

Folks there are some questions we should be posing to Mayor Haeder

and Finance Officer Jurrens:

First the behavior of Mayor Dan Haeder in meetings:

  • Haeder’s Finance Officer Jurren’s continuing participation as a council member offering up opinions on topics not within her purview of employment. 
  • Haeder’s Public Input during the December 5, 2022, meeting regarding a letter mis-delivered to his residence.  His condescending  comments regarding a local organization and the measure of its donation to the Alcester Food Pantry as well as his failure to deliver the donation to the Treasurer of the Alcester Food Pantry.
  • Haeders complete lack of mayoral demeanor and civility to certain members of the public during input.  His repeated calling Next…Next…Next when he is trying to intimidate speakers during Public Input.  Perhaps if we the gallery would, when Mayor Haeder goes off on a tangential tirade to some analogy known only to him, holler Next…Next…Next when Mayor Haeder causes a-delay-of-meeting.  Kind-of-like “the Pot calling weed a drug” or  “A shot goose gabbles the most!”
  • Hey Mayor when is your video gonna hit the website?  Can’t wait!
  • So Mayor are you still pandering the propaganda that the former chef at the Community Center quit rather than was fired a couple of months back?  Are you going to do the right thing and retract your aide-de- beurre‘s letter to the unemployment people nixing deserved unemployment?

The Finagling of Funds by FOPAT, the Wrangling of the Water Enterprise Fund, the Shifting of the Sewer Enterprise Fund, Playing Hide-the-Penny of the Second Penny Sales Tax Fund and the Slip, Slidin’ Away of the Solid Waste Enterprise Fund landing in the Hole-in-One Money Pit #453 Golf Course Fund.

  • $75,000.00 from Water Enterprise Fund – exorbitant fees allegedly to pay for water treatment upgrades just to hand over to the Golf Course?  Will it be paid back in time for the west side of town to survive?
  • $75,000.00 from Sewer Enterprise Fund – again rising rates to allegedly pay for sewer treatment facility upgrades just to hand over to the Golf Course?  Will it be paid back in time for the west side of town to survive?
  • $25,000.00 from Second Penny Sales Tax Enterprise Fund – again the original purpose of this second penny sales tax was for needed Capital Improvements not for general fund wish list.  Again Will it be paid back in time for the west side of town to survive?
  • 25,000.00 from the Solid Waste Enterprise Fund – Folks this money is derived from grants and garbage fees for a home for Household Hazardous Waste (HHW), Construction and Demolition Debris and Industrial/Commercial Waste. (https://danr.sd.gov/Funding/EnviromentalFunding/SolidWasteManagement.aspx)          Will it be paid back in time for the west side of town to survive?
  • $200,000.00 total from the above funds which were to provide for Water, Sewer, Capital Improvements (not wish list party venues the average tax payer cannot afford to utilize) and a home for the garbage of the City of Alcester.  Nah, these funds are being transfered to what appears to me to be the FOPAT FRAT HOUSE. 
  • What did the Community Center NEED to purchase to have a year-ending debt to the tune of $200,000.00?  UPS-Brown, Duluth Shorts for Christman giving? OR maybe Golf Carts to haul us to the poor house?    H-m-m? 
  • Why are the council handouts not published on the Alcester City Website so the public can read them? Why is FOPAT failing to get those out for public consumption?  H-m-m?

Meanwhile, the west side of town is experiencing rank sewer smell, reports of sewer backup, no curb and gutter, no streets.  Folks think about all those ads about Fort Lejeune lawsuits and the circumstances which led to those lawsuits.  Evidently Mayor Haeder and Finance Officer Jurrens feel a multi-million dollar community center is a better buy than viable streets, viable sewer system and water systems.  The west side of town is in trouble, similar to those homes on the coast which were built on the side of a cliff and erosion has undermined the strength of the houses ability to hang on to the cliff.  Eventually those coastal homes slide into the water.  Nobody wants to build or upgrade a home on the west side of Alcester, subject to all the fees and maintenance fees when they get nothing in return, their properties do not gain in value because the infrastructure to all intents and purpose has been abandoned by the Mayor and past city councils and they have little or no representation in city hall.  AND if they let property maintenance go by the wayside because they do not have the money to pay the fees exacted? WELL the city comes in, deems them a nuisance and takes adverse possession leaving the owners homeless.  Listen to the meeting and see who is talking the loudest and pushing the hardest for adverse condemnation.

COME TO A MEETING, ASK QUESTIONS AND FILL THOSE EMPTY COUNCIL SEATS WITH PEOPLE WHO WILL INSIST UPON POSSITIVE ACTION AND NOT A FANCY, PLUSH OFFICE!

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