06/26/2022 A Voice From the Gallery

Gee, I wasn’t aware the Albatross served up after hours “donuts”.

According to Michael Pollick, “One shining example of reckless driving is a maneuver known as doing donuts, sometimes called turfing a yard or driving donuts. This involves driving a car in a tight circle while continuing to accelerate. The result is a series of circular ruts or skid marks carved out of a lawn or street surface. These little circles of wanton destruction are the “donuts” of the doing donuts maneuver…” 1

Parking lot of the Albatross, time 10:15 p.m. June 25, 2022.

Maybe the Albatross NEEDS cameras. That way we would see Mr. White Pick-up’s driving skill prowess and might even pick up his high speed exit East of Sixth Street. Oh yeah, the fact the moron slammed out of the parking lot without his head lights on might be important, too. Just prior to Mr. White Pick-Up’s high speed exit, another vehicle exited the Albatross parking lot heading East. And after the Hell-Bent-For-Election exit another vehicle exited the parking lot only they headed West.

But folks, what initially got my attention was the downtown antics on “mainstreet” which I could hear at my house prior to 10:00 p.m. Now folks there are people out there who have the ability of pairing the engine sounds to specific vehicles especially when when those vehicles ‘cruise the hood’ over and over. In fact in the evening after dark on certain days of the week, one can hear a vehicle rev-up around Total Stop or Main Street and can be audibly, credibly tracked North beyond the city limits.

This was happening prior to the 10:15 p.m. event. Perhaps law enforcement could CSI the tread/tire evidence.

Of course there is always the damage done as Mr. Pollick says, “Doing donuts or “turfing” a private yard or public property is considered to be an act of vandalism, and the offending driver could also face other charges of reckless driving and public endangerment…The act of doing donuts with a privately owned vehicle…can seriously damage the car’s suspension, alignment and steering system if overdone. 2 So Little Billie Donut Maker in the White Pick-up of last night, perhaps Karma will beat you to the quarter mile. H-m-m?

Now folks I do not want to imply any criticism of our law enforcement they can patrol so much area in any specific time space. It is up to us, to document incident times, participants and so forth. It is up to We the People to get the Mayor off his duff of indifference and place surveillance cameras. Let him know.

1 Pollick, Michael. “What Does ‘Doing Donuts’ Mean?” Wiki Motors, https://www.wikimotors.org/what-does-doing-donuts-mean.htm.

2 Pollick, Michael. “What Does ‘Doing Donuts’ Mean?” Wiki Motors, https://www.wikimotors.org/what-does-doing-donuts-mean.htm.

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

06/06/2022 A Voice From the Gallery

“I just think we need more accountability and more transparency…”  

John Thune

H-m-m-m

“Remember upon the conduct of each depends the fate of all…”         

Alexander the Great

          The  June 6, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3(01:20.43)  Approve the agenda.

          Agenda item #4(01:51.60)  Approve minutes of the May 2 and May 16th meetings

          Agenda Item #5(02:29.37)  Ward II Council Vacancies – The Council was introduced to Mr. Kyle Vanderhall resident of Ward II who appeared to be considered for one of the Ward II vacancies.  Mr. Vanderhall was not a registered voter within the city of Alcester, but was interviewed in Executive Session in by the Council and of course our pseudo-council member FOPAT.  (04:26.80)  listen to Mayor Header’s explain of Executive Session and secrecy to Mr. Vanderhall.  (07:47.27) Now folks the council went into Executive Session for SDCL 1-25-2.1 Personnel.

 SDCL 1-25-2.1  Executive or closed meetings–Purposes–Authorization–violation as misdemeanor

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

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

Note*  While the council is held to non-disclosure of all elements of the Executive Session discussions, all actions arising from decisions must be taken in open session.  It is my information the interviewee if free to disclose what information he/she shared with the council as he/she chooses.

          Agenda item #6(08:05.63)  Public Input

                    Vickie Larsen(08:13.03)  Comments:

                   Alcester Bar Lease versus Sale   (08:26.26)          

                   Water bills                                   (09:05.00)        

                   Council working as janitors      (10:43.97)

                   Councilwoman Reppe  (11:45.40)  Comments:

                     Event center restaurant heat (fried wires?)       (12:00.53)

                     Parking Issues                                                   (14:00.00)

                     Cell phone abuse                                               (14:40.53)

                     Deeds to cemetery plots                                    (15:24.97)

                     P.O.S. System (point of sale)                            (15:29.10)

                     Alcohol on Golf Course BYOB                        (15:46.77) 

          This discussion gets interesting due to past behaviors.  Take special note of Mayor Haeder’s comments on stealing from the city: (17:59.93), “…you bring your own alcohol, you’re, you’re stealing from the city…”  So Mayor Haeder, where was your moral outrage October 26, 2019, mid-November 2019 during the BYOB birthday bash held at the Golf Course by FOPAT?  At that time you were a seated Alcester City Councilman, what was your definition of stealing or better yet embezzlement by a city employee?  At that point Sir you had access to Alcester Ordinance 4.0304 Operating Agreements, Alcester Ordinance 4.0308 Possession of Alcoholic Beverages, and 4.0313 Penalties, so you knew an employee stole/embezzled from the city of Alcester, unless you are a complete and utter dolt.  When you saw the Circuit Court filings –  State of South Dakota v. Patricia Rose Jurrens pursuant to SDCL 35-1-5.6 just how did YOU respond or did you even respond?  I saw no evidence the council took any action to suspend FOPAT from her duties without pay or to fire her sorry behind.  Were you really taken in with the, “…I didn’t know it was a violation, whine…”?  Come on Mayor Haeder,  Finance Officer Jurrens was in charge of the licensing procedures and knew full well the terms and conditions of alcohol licensure and she certainly had ready access to Alcester City Attorney Sam Nelson for city legal advice.  As a seated Alcester City Councilman Mr. Haeder YOU had access to legal advice for the protection of the city of Alcester.

          Councilwoman Linda Talbot  (18:22.80) Comments

           Janitorial costs and job  $1700.00 per month to clean the Albatross.

           (23:08.17) Dress Code at the Albatross  (31:26.43) Really?  Simple-elegant described as tasteful richness of design or ornamentation the sumptuous elegance of the furnishings…plastic tables…run-of-the-mill banquet chairs, Logo T-shirts, shorts, Capri’s with money aprons speak to car-hop elegance in wait staff.  Yeah right.

          Agenda Item #7 – Legal Update  (35:02.13)  Executive Session SDCL 1-25-2.3  6:54 p.m. to 7:32 p.m.  (37:46.43) Action taken upon exit from Executive Session to authorize settlement negotiations and settlement at the amount requested by legal counsel.  Unanimously approved  (38:43.30)  Action taken upon council exit from Executive Session authorizing city response to litigation initiated by FCS to quiet Title.

          Agenda Item # 8 (39:40.03)  Police Department Chief Schuller

          Agenda Item #9(44:24.80)  Alcester Bar – Notice to Bidders        

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed regarding the previous repair issues.  The city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.  (47:27.53)  Discussion followed what the council would do if they decided to sell the building.  Mayor Haeder remarked about an interest in leasing the Bar building.  Unclear whether the interest was to operate the property as a bar or not. 

          I would suggest to the interested party to make some sort of rent-to-purchase offer for one year.  Test the market of bar operation with payments and property maintenance expenses over the twelve month period.  Upon the termination of the lease, rent would be either applied to the agreed upon purchase price commensurate with the upfront appraisal prior to lease or the rent would be applied.  Upon rejection of exercise to purchase, the city would review the nature of and monetary expenditure amounts making the decision to follow through on the sale of the property and declare the bar surplus.

          (55:41.83)  The City needs to make the decision to SPEND or END OWNERSHIP of properties.  (57:43.50)  Issue TABLED

Let the City Council Know!

          Agenda Item #10 – Liquor Licenses  (57:53.20)  Two entities expressed interest through applications in obtaining the Off-Sale Liquor Licenses.  JKVB, LLC doing business as Alcester Quickstop and Alcester Groceries doing business as Total Stop Food Store.   (58:40.53)  Public hearing scheduled for July 18, 2022, at 7:00 P.M.

          Agenda Item #11 – Fairground/FCS Update (59:47.27)  No update

          Agenda Item #12 – Budget Blinds (1:00:15.53)  Authorization to purchase blinds for the community building at a cost of $2240.80 to be taken from the Golf Fund.  City derives NO city sales tax ’cause it is benefiting from city ownership.

          Agenda Item #13 – Resolution 2022-02 (1:02:26.93)  Resolution 2022-02 giving approval to certain sewer facility improvements;  giving approval to the issuance and sale of Revenue Bond to finance, directly or indirectly, the improvements to the facilities; approving the form of the Loan Agreement and Revenue Bond and pledging project revenues and collateral to secure the payment of the Revenue Bond; and creating special funds and accounts for the administration of funds for operation of the system and retirement of the Revenue Bond and providing for a segregated special charge for the payment of bonds.  It is important to note the implications of what I have italicized.

Council approved unanimously without discussion.

          Agenda Item #14 – Golf Course  (1:04:57.07)  Declare Wire Patio Furniture from the Golf Course as surplus, sell and donate proceeds to the Alcester Care and Rehab Center.   Council voted to unanimously declare the furniture as surplus and donate any proceeds from the sale to the Care Center.

          Motion to Hire Lincoln Burke as server at a rate of $7.00 per hour.  Vote was unanimous to hire.

          Agenda Item #15 – Finance Office (1:09:10.50) 

          (1:12:37.55)  Due to lack of quorum the council decided to cancel the June 20, 2022, regular meeting of the Alcester City Council.

          (1:13:57.23)   Apparently FOPAT has taken it upon herself as city expansion/developer suggesting two options in which the city of Alcester may expand its borders.  One I believe to be the property described as containing approximately 72 acres under the ownership of the Alcester Industrial Park Inc.  This option would create a problem for the City Owned Perpetual Care Cemetery, Pleasant Hill.  Perpetual care involves a fund created specifically to maintain cemetery grounds, mausoleums, crypts, and any other aspects of a cemetery and where a percentage of the sale price goes towards the perpetual fund.  Now folks the important thing here is to actually have perpetual available land to sell plots. If the land to the north of the cemetery is sold into residential development that leaves the corn field to the east as the sole perpetual source of burial plots. 

          The second option is the hayfield south of Anderson Street containing some 16-17 acres with a train track traversing the southern edge and with a water run-off from Lee Drive and a natural creek running in the East border.  Oh and lest we forget the topography of a hill and lowland, sans street and the accoutrements of civilized living such as sewer, water and electrical.

          Choices-Choices

          Agenda Item #16  –  HRC  (1:21:52.37)  No significant report

          Agenda Item #17  – Union County Fair  (1:23:25.77)  No report

          Agenda Item #18 – Executive Session SDCL 1-25-2.1 Personnel     (1:25:02.57)

          Into Executive Session at 8:20 P.M.

          Out of Executive Session at 9:12 P.M.  Duration of 52 minutes of discussing personnel with FOPAT and City Attorney Sam in attendance with the council.  M-m-m!

          Agenda Item #19  Adjourn (1:25:47.00)  Meeting Adjourned at 9:13 P.M.

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples           605-934-2096

Councilman Lukas Driesen              605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel            Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey         Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer             Kevin.Joffer@unioncountysd.org

05/28/2022 A VOICE FROM THE GALLERY

I propose we all take a step back before we make that headlong run into inevitable disaster.

I have book-larned, I have lightly touched on the U.S. Constitution, I have Bible-studied, I have I have experience-learned and I have learned at the feet of those mentors I had and continue to have along the course of my life. Those cumulative learnings have shaped my attitudes, behaviors and life choices.

In my writings, I have learned to never-ever state something as fact until I am comfortable it is in truth a provable fact.  At first this action on my part was to save me embarrassment but as I grew in my writing I understood my possible impact on others. I could not in good conscience influence someone wrongly. In school I learned about semantics and how they control the spoken and written word.

In my high school studies of American History and the U.S. Constitution I learned what most kids learn in a very brief synopsis of the document establishing the rules of our nation. Unfortunately what cannot be covered in one brief high school semester on U.S, Government is the motivation, forward looking and great care the framers took to craft a document which would adequately serve all peoples. It was later in my college studies I learned How the framers used language and intent to provide for all those who came after them and actually provided for the clarification of terms, intent and method in which to improve the rules and regulations set forth in the U.S. Constitution.

I have Bible studied, learning right from wrong, learning the Bible verses should never-ever be taken out of context less the Bible comes off sounding like some antiquated version of a snake-oil touting barker in a traveling road show trying to $ell a concept for his/her sole benefit.

I have experience-learned telling the truth is not enough, one has to fight, fight and continue to fight. Even when I have been deemed a liar when I told the truth. I have no problem turning the other cheek when I am called a liar, but when that cast aspersion causes another person to be found guilty and given a life sentence for something he did not do,

IN THIS CASE I WILL NOT TURN THE OTHER CHEEK NOR WILL I TOLERATE SUCH A MISCARRIAGE OF JUSTICE!

Recent and not so recent mass murders are a travesty to what we all hold dear. Do not fall for the snake-oil barker of the traveling road show, stating this is the result solely and completely at the feet of the perpetrator, family and so-on. We all share responsibility by, “…what we have done and by what we have left undone…” There is a saying, “…when you point a finger of blame, there are three fingers pointing back at you…”

SO TO OUR LAWMAKERS, GOVERNORS AND SO ON,

Folks you have long been shirking your duties and while you did not (I hope) cause these atrocities directly you have assuredly allowed these mass murders to continue.   It is long past time to act! Extend those three fingers pointing back at you along with that one finger pointing at another person or entity, raise that ENTIRE HAND over your heart and pledge your allegiance to our country not the NRA and that you will not sacrifice any more people to your greed, creed or mid-deeds.

05/16/2022 A View From the Gallery

Education is not the learning of facts but the TRAINING of the mind to THINK

Albert Einstein

          The  May 16, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – Approve the agenda.

          Agenda item #4 – Ward II council seat vacancies – no takers.

          Agenda item #5 – Public Input

                   Vickie Larsen – I spoke to the Mayor Haeder resistance to Direct Deposit for his employees.  Instead he continues to shirk his duty as mayor to sign checks and cause delays in employees being paid.  Mayor, if you cannot fulfill your duties as mayor, step aside ‘butter-cup’ and let someone DO the job and not wait for FOPAT tell you what to do.  I ‘pontificated’ on the need to dump excess baggage of the Code Enforcement albatross.  Common sense tells us we have property nuisances, Property Maintenance Guides and statute define what constitutes a nuisance, and if we must put some legal muscle into fulfilling the property maintenance ordinances we most assuredly have an attorney who can handle the ins and outs of the legal process with Alcester City Attorney Sam.  Why do we need to spend $25.00 per hour to interpret common sense, a yea-sayer who writes up nuisances described to him by FOPAT and we have a self-proclaimed ‘expert’ (definition ‘ex’=unknown quantity and ‘spurt’ = drip under water pressure. So Mr. Fillingsness does come into Alcester charging $25.00 per hour after hour for the same nuisance (one could say a FO) which exerts her opinion (an unknown quantity of  FOPressure to do her take on the nuisance.)  H-m-m.

                   James Bolin (r) introduced himself as a returning senate candidate South Dakota District 16.

                   Richard Vasgaard (r) introduced himself as a returning candidate for representative South Dakota District 16.

                   Councilwoman Darla Reppe spoke to complains Mike Burke’s captive too-tall grass behind his fence.

                   Councilwoman Linda Talbott spoke to complaints of cats, rats and raccoons.

          Agenda Item #6 – Alcester Bar.  Theresa Deem lessee, presented her ninety (90) day notice of termination of her lease with the city for the bar building stating, “…she has had it…”  She presented the notice in person and in the form of a written statement dated May 16, 2022, and with the termination and vacation of the city property on August 15, 2022.  Mayor Haeder waxed poetic about Captains of Industry, yet it was his call to set the city up in competition to the Deems business at the Alcester Bar. 

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed and the city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.

Let the City Council Know!

          Agenda Item #7 – Community Center Update  Clint Nyreen

          Agenda Item #8 – Golf Course Hire David Larsen as Clubhouse  Attendant and Greens keeper.  Now this could get entertaining.  Now that Mr. Larsen no longer carries the power of Councilman, how do you ‘spose he is going to tolerate orders from Landon and FOPAT.  Is it too late to put cameras in the clubhouse for instant replay?  Mr. Larsen was hired at $13.50 per hour.

          Agenda Item #9 – Legal Updates – Sam

          Agenda Item #10 – Executive Session to discuss issues under the guise of SDCL 1-25-2.1 (Personnel) and SDCL 1-25-2.3 (Legal consultation).  Session started at 6:39 p.m. and ended at 7:53 p.m.

          One must assume this session dealt with the condemnation as well as the upcoming meetings with FCS, Jerry Miller, Union County Commissions dealing with the sale of properties to FCS.  One has to wonder what piddly amount FCS is going to offer for the land?

          Agenda Item #11 – Fairground discussion  Authorize Alcester Attorney Sam to appraise city property – not to exceed $7500.00.  Approved unanimously.

          Agenda Item #12 – Affordable Housing

          Agenda Item #13 – Wastewater Tanya

          Agenda Item #14 – Street Repair Vote to allow yet another rental of equipment to chew up the streets and make them flat again.  $1800.00 for one month rental approved unanimously.

          Agenda Item #15 – Plat map Joint Meeting of the City Council and the City Council acting as Planning and Zoning Committee to recommend and receive recommendation from the same four council members regarding the plat containing what is referred to as the four-plex on Lee Drive. ( Lots 8 thru 11, Block 8, Numsen Addition)  Motions were approved unanimously on this issue.

          Agenda Item #16 – Chairperson updates (busy work for the council members, like they have not had their duties increased already)

          Agenda Item #17 – Golf Course/Albatross  Addition of two greens-keepers above David Larsen, and the Addition of three clubhouse attendants.  Wages ranging from $11.00 per hour to $13.50 per hour.  Approved unanimously.

          Agenda Item #18 – Finance Office Updates

          Hire of Abigail Moore to the aide to the finance Officer.  So now we have Moore or FOPAT’less’ in the city offices.  Council Approved unanimously Moore at $14.50 per hour.

 Addition of a Library Board member at the termination of David Larsen. Councilmember Cyndi Peeples volunteered for the post and was accepted 3 ayes with one abstention declared by Councilwoman Peeples.

          Agenda Item #19  HRC Update

          Agenda Item #20  County Fair Update None

          Agenda Item # 21 – Executive Session  not needed

          Agenda Item #22 – Adjourn  Meeting adjourned 8:53 P.M.

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples            605-934-2096

Councilman Lukas Driesen                 605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

05/02/2022 A Voice From the Gallery

The only true free-thinker is he whose intellect is as much free from the future as from the past. He cares as little for what will be as for what has been; he cares only for what ought to be. And for my present purpose I specially insist on this abstract independence.

– Author: G.K. Chesterton

The  May 2, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen.  Alcester City Attorney Sam Nelson absent.

Agenda Item #3(00:44.70) Approve agenda unanimous vote upon the removal of new council agenda item #10-plat map approval.

Agenda Item #4(02:07.27) Approve minutes of the 04/04/2022 and 04/18/2022 council meetings

Agenda Item #5 – (02:57.50)  Approve warrants.  What time period?

Agenda Item #6(03:33.13) Adjourn old council.

                              (07:06.93) David Larsen leaves at 6:07 p.m.

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

New Council Agenda Item #1 (08:12.03) New council called to order at 6:08 p.m.

New Council Agenda Item #2Oaths of Office

(09:46.50) Oath of Office administered to Councilwoman Darla Reppe-2 year term

(10:39.43) Oath of Office administered to Councilwoman Linda Talbott-3 year term

(11:44.43) Oath of Office administered to Councilman Lukas Driesen-3 year term

New Council Agenda Item #3 (12:54.53)  2022 Council Committee assignments.

New Council Agenda Item #4  (14:53.83) Ward II vacancies – 2 seats Awe no one wants a FOPAT on their back!

New Council Agenda Item #5 (15:36.07)  Election of Council President and Council Vice President.  So begins the DO-OVER goat rodeo of parliamentary procedures. (00:16:13.97)  Mayor Haeder announces, “…there will come a time…when I will not be here at 12:30 ANY Monday…ever…” 

IS THE MAYOR SAYING HE CANNOT/WILL NOT FULFILL HIS DUTIES AS MAYOR?

(00:17:40.80) Nomination of Lukas Driesen as President of the Alcester City Council and (00:18:51.17) nomination of Linda Talbott as Vice President of the Alcester City Council.  At (00:20:23.27) we need a DO-OVER ’cause according to FOPAT, Councilman Lukas and Councilwoman Linda respectively should have abstained from voting for themselves.  Where is Sam?  Did he not get the invitation?

New Council Agenda Item #6 – Bank Account Signers- (00:22:49.73)  Mayor Haeder calls, (00:23:07.63) “…motion to remove David Larsen from all city bank accounts at Premier Bank and add (a) and add (b)…in one fell swoop…but we can do it all…”  (00:23:34.50) FOPAT tells the Mayor,“… in your motion I would have uh indicate Wanda and myself (FOPAT) that way the bank…when they get the minutes…they know exactly who we all have on the account…”  (00:25:06.87)  Improper procedure—-DO OVER…AGAIN OH-OH another oopsy-doodle.  Where oh where has our Sammy gone.  Once again Mayor is grossly ignorant of procedure.  To abstain or not to abstain and now we have to negate the motion by letting it die from inaction.  Proper or improper parliamentary procedure to advise the council.

New Council Agenda Item #7 – Public Input  (00:29:59.90)

New Council Agenda Item #8  – Legal Updates (00:31:57.33)

New Council Agenda Item #9Police Update and Police Procedure Policy action.

New Council Agenda Item #10 – Deleted  will be dealt with at a later date.

New Council Agenda Item #11(00:56:26.40) Alcester Fairgrounds  Alcester Fairgrounds.  Alcester has no fair.  Union County has a Fair.  In the discussion of the Union County Fair,  (00:58:17.03) it was reported that CEO McDaniel suggested during the April 27, 2022, (closed to the public meeting) with select Union County Commissioners, select Alcester City Council members along with Fair Board members, “…get private donations, fund-raise to build new fairgrounds from citizens after the sale of the current fairground lands to FCS…”  Folks, I attempted to attend this meeting and was told I could not attend.  In addition reporter Gordon Richard was turned away at the door.  Commissioner Joffer indicated the commissioners wanted full transparency.  From the reports of discussion I heard during last evening’s council meeting, I see no transparency what-so-ever.  (00:58:17.03)  Mr. McDaniel  reportedly stated (00:59:21.17), “…FCS wants possession by the fall of 2023…” Is that true?  Mr. McDaniel reportedly went on to say (01:00:18.07), “…if we cannot make money and expand, we will go elsewhere…”  

FREE WILL OR BLACKMAIL?

It was reported in the discussion from our council members that Mr. McDaniel proceeded to give them the benefit of his grand expertise (01:00:50.03), “…you (presumably our council and commissioners) need to focus on a five (5) year plan…”

Additional reporting of the Wednesday, April 27, 2022, discussion, (1:01:52.43) it was reported either FCS or the Union County Commissioners demanded the city’s assurances the proceeds from the Alcester City Land assets were to be turned over to the Fair fund. 

(1:02:39.13)  Mayor Haeder’s remarks on the ownership of the land surrounding the former Alcester Steakhouse are in error.  The owner of the land around the former Alcester Steakhouse is the Alcester Industrial Park, Inc. a non-profit NOT THE CITY OF ALCESTER!

(1:03:29.63) Contrary to opinions from the mayor and FOPAT, “…wrong, the citizens of Alcester have a say and they deserve full and complete disclosure!  The City Council is obligated to inform the Alcester Residents of any attempted disposal of city assets!!!

(1:04:08.57)  FOPAT thinks (Heaven helps us), “…an agreement would have to be drawn up…if the city is willing to put 100% of the sale proceeds to be reinvested into the fair…but if the fair is no longer here…the investment will come back to the city…”  Talk about a scam.  What do you think Folks?  Are ya willing to lose your streets for pie-in-the-sky on a fair spin-the-wheel bet?

New Council Agenda Item #12 (1:15:40.00) Finance Office Updates

New Council Agenda Item #13  -HRC Update – (1:36:23.10)

New Council Agenda Item #14Fair Board (01:41:54.03) Discussion on the 2022 fair.  Listen to Mayor Haeder’s wild hair.  (01:41:54.03)  Mayor Haeder says, “…we could, we could make this the Clay County Fair in Iowa…in Union County…”  Mayor you have delusions of Grand Marnier!

New Council Agenda Item #15 – Executive session SDCL 1-25-2.1 Personnel – Council votes to go into executive session to discuss personnel which I suspect is to discuss personnel at the community Albatross.  Executive Session began at 7:48P.M. and ended 8:17 P.M. approximately one-half hour later.

New Council Agenda Item #16 – Adjourn Meeting  8:17 p.m.

          Folks call your City Council members, Contact your County Commissioners, let them know.  Think about it when the county takes this land out of taxable status as it will for the fair, our school loses the tax income and our county loses tax income.  By the Union County Commissioner’s purchase the old Steakhouse,  they have removed a property valued at anywhere from $160,800.00 to $200,000.00 from the tax rolls and reduced funding for our school and county. 

Let your commissioners and city council know this must go to a public vote!

Let them know if FCS doesn’t like our terms, they are welcome to follow through on their threat

and while we are asking questions,

When is the city going to finish working on the streets?

Contact City Council

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

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

04/18/2022 A Voice From the Gallery

Once again folks, Let the council know what you think.

The  April 18, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen and Alcester City Attorney Sam Nelson.

Agenda Item #3(01:05.77) Approve agenda unanimous vote.

Agenda Item #4(01:37.23) Ward II vacancy – no one wants to have Pat on their back.

Agenda Item #5 – (01:51.47)  Sealed Bid Openings for the Metal Clad Building and the Rheem Air conditioner.  Regan Homandberg submitted a bid of $1200 for the building and was accepted.  No action on the Rheem Air Conditioner.  (06:50.47) FOPAT addresses the city attorney for advice on the Rheem air conditioner, isn’t that the Mayor’s job?

Agenda Item #6 – Public Input – none

Agenda Item #7 (08:04.63) Affordable Housing – FOPAT (08:13.17) says, “…ok I talked with Harley at SECOG…” regarding the fee for the feasibility study.  Indicating a grant agreement could be entered into with a matching amount to what the city would be paying.  By the way  Madam FO Ms. Harley Ferguson of SECOG is a profession colleague, not a “Ladies Night Out” familiar!  (10:06.33)  Councilman David Larsen queries, “…How long will this take?…” with regard to the feasibility study.  Folks I took a class in which we had to do a feasibility study, factors considered were economics, technical, legal and scheduling for the success of the project depending upon the cost and return on investment and a plan B for unanticipated factors of implementation.

          Similar to what should have happened with the Alcester Community Center, but does not appear to have happened.  Things which should have been explored such as details of the project, product, service and business plan.  What is the local market, what is the broader market, what is the marketing strategy in detail?  What are the staffing needs, scheduling and timeline for completion and launch.  Financials, how much money budgeted and how much real money involved.  (11:20.50) Motion was made and passed for the grant application with (12:14.60) Motion to approve Resolution 2022-01 for matching funds and ending with (12:46.83) approval of study fee match.

Agenda Item #8 (12:55.23) Legal Updates   (13:56.67) South Dakota Statutes covering the nuisance cause of action.  In other words the legal justification for condemning property which I believe is covered in SDCL Chapter 21-10, more specifically 21-10-3, 21-10-4, 21-10-5, 21-10-6 and so on. 

          Interesting point here as I was researching the Nuisance Statutes was 21-10-25.4 dealing with water pollution or land overflow not affected by protected status such as the repeated flooding of a private residence as a result of poor engineering and 21-10-26 Logging slash definition which semantically could be applied to wood arising out of tree trimming.  Kind of like what the Mayor has in his back yard, logging debris consisting of tree tops, limbs, cull logs and other separate vegetation which would house rats, mice and other vermin. 

          (15:42.10)  Councilman David Larsen asked about city reimbursement if (the city) had to pay for clean up, legal costs and liabilities.  City Attorney Sam replied (15:56.33) upon the court determination of nuisance the city could appropriate the property and sell to recoup demo costs, taxes, liens and or any interests accrued.  Now folks think about it, you are looking at a vacant lot with no house on it or just a dilapidated garage would you purchase a lot valued at $5243 with no house or just a garage but with say $20,000.00 demolition cost, back taxes and legal fees of goodness only know how much.  Oh and don’t forget the building permit to put something back on the property.  So for the sake of argument and rounding, the city would be asking you to subsidize their choice to spend somewhere between $25,000.00 to $30,000.00 for an appraised lot worth only $5243.00 or less?  So in answer to Councilman David Larsen’s question will the city be reimbursed for their clean up costs, their legal costs and oh yes let’s not forget the loss of tax revenue for unknown number of years, Nope, no way, not worth it! 

Agenda Item #9 – Wastewater Facility Upgrade  (0:18:33.80)  FOPAT makes the statement, “…UH my personal recommendation would be is…I would…looking at doing this in a relatively quick time…”  As FOPAT states this is her personal recommendation, not a financially based recommendation but her Personal recommendation.  I do not know about you folks but I place absolutely no value in her personal recommendation.  I do, however, wonder why that map (0:20:48.87) she handed out to the city council, “…to refresh their minds…” does not appear on the city website and contrary to giving the public access to all materials (excepting those dealing with executive session material) dispensed to the council.  How can we ask intelligent questions on something we are being kept in the dark about?  (0:21:21.50)  Oxymoron when asked why can’t the water be laid with the sewer.    FOPAT says, “…you can’t use sewer money for a water line…”  So tell us how are sewer bills figured?  Aren’t those figures derived or based upon water usage?  (0:26:40.33) Councilwoman Darla Reppe asks, “…so we don’t have all the money, does this mean our water bills will go up again…?”  Short answer, Yes your water bills will go up again.  Folks call Mayor Haeder at 605-934-2287, 605-770-7929 or ask FOPAT at 605-934-2517.  Apparently they have all the answers along with a death grip on our pocket books. 

Agenda Item #11 – Police Department (0:36:23.17)  Truck decal upgrade.  Present decal is cracking and shedding.  Question of truck wiring and corrective measures. 

Agenda Item #12 – Library – summer hire. 

Agenda Item #13 – Committee Chair Updates – (0:48:37.00)  Chair reported no report but FOPAT reported she had a complaint about a wastewater back up (0:48:55.10), Mayor Haeder promotes Tide Pods.  Note white powder pods probably should not be used because they pack-up and cause blockages of the sewer system.

Agenda Item #14 – Golf Course and Community Center. (0:55:26.43)  Hire of an outside worker.  (0:57:24.93)  14B Councilman David Larsen comments of meetings with Employee Mike Croy regarding request for raise due to increased responsibilities in job description.  (0:59:08.13) Councilwoman Linda Talbott wants to talk about the raise issue in Executive Session 1-25-2.1 Personnel under Agenda Item #16.  Council discusses this for a minute or two and agrees to push the executive session discussion into Agenda Item #16.

Agenda Item #15 – Finance Office – (1:00:21.57)  Assistant Finance Officer position was offered and the person wanted some time to think it over.  No action taken.

Custodian Hire, LeAnn Haisch at $11.00 per hour.

Agenda Item 15D  Motion to pay Quam, Berglin & Post for the audit.    (01:03:39.00) Audit cost spread:  $4250.00 out of general fund, $2125.00 out of Water Fund and $2125.00 out of Sewer Fund for a total $8500.00?  (01:04:30.40)  Councilwoman Linda Talbott asked the question, “…how much has that gone up…?”  FOPAT answered, ” …over the last three years, $500.00 year…”  Then the question was asked, WHY?  (01:04:55.20)  FOPAT answers, “…I haven’t asked…”  Really?  (01:05:20.97)  Council before you take a step as suggested by FOPAT and City Attorney Sam, revisit the past.  The council did change auditors for a cheaper auditor.  Yeah well safe to say, “you git what you pay fer” (01:05:43.20)  Let’s take a trip back in time, FOPAT.  Remember back on November 7, 2016?  Let me refresh your memory FOPAT, that was the meeting where you stiffed Mr. Berglin $500.00 ’cause you couldn’t figure out Quick Books, a program you former employer sold.

I was there while FOPAT made Dwight Berglin cool his heels beyond his schedule time, until Mayor Glas finally called Audit Review.  OMG Finance Officer Pat had to slide close to Mayor Glas so she could page through the Mayor’s copy of the review to get him on the correct page.  It would have been hysterically funny watching Mayor Glas lick his finger, press down and carefully rolling the page over with an utterly vacant look on his face, as if he hadn’t been the sitting Mayor.  Again the lack of segregation of duties was an immediate concern of the audit.  As Mr. Berglin left the meeting, the question was asked, “…do we need to approve this (meaning the audit review)…?”  finance Officer Pat Jurrens replied, “NO”.  Then finance Officer Jurrens went on to discuss the bill for the Audit cost of $9500.00 .  She related  because of ‘anomalies’  in the QuickBooks Program, our accountant told her there would be an extra charge of $500.00 due to the extra work Accountant Berglin had to perform.  Finance Officer Jurrens claimed she was not advised of the QuickBooks foible.  Really this is supposed to be in her scope of duties and alleged expertise!  So the City of Alcester, to our shame, allowed the accounting audit bill to be short paid by $500.00 ’cause FOPAT couldn’t  figure the QuickBooks program out and Mr. Berglin accepted $500.00 less for his extra work.

Folks it appears FOPAT is hell-bent on a re-run of history.  Please note in the video where she pushes to have the accountant appear to ‘explain’ the increase in fee. (01:06:17.70) The extra fee was because Mr. Berglin had to school you in accounting FOPAT.  So FOPAT do you not get and expect an annual COLI (Cost Of Living Increase)?  So why piss and moan about paying the $500.00 increase of cost of doing business?  Perhaps if you managed the city’s accounts better, our accountant would not have to spend so much time at the card game called Memory and what you call the city accounts.

Agenda Item #16 – Executive Session – (01:09:49.80) 

SDCL 1-25-2.3 Legal –  (3) Consulting with legal counsel or review communications from legal counsel about proposed or pending litigation or contractual matters.

Now folks to the best of my knowledge the SRTS flooding litigation has not been resolved, so it stands to reason this is the communication about proposed or pending litigation. 

 Okay  but what about the SDCL 1-25-2.1 Personnel issue regarding raise in wages discussion that Councilwoman Talbott wanted moved to this agenda item?  H-m-m?  According to statute similar to initiative constraints – one subject per executive session to be legal i.e. South Dakota Constitutional Amendment Z, Single-Subject Rule for Constitutional Amendments (2018) Time will tell.

Council went into Executive Session for SDCL 125-2.3 Legal at 7:10 P.M. and lasted until 8:18 P.M. 

          City Hall lost power at or around 8:15 P.M.  At 8:18 P.M. Mayor Haeder called the council back into public meeting.  Power was still out.  I kept my camera running without room light for audio recording purposes.  (01:11:57.17)  Mayor Haeder addressed the wage raise for employee Mike Croy.  Since the council did not come out of the Executive Session for SDCL 1-25-2.3 and then failed to go back into Executive Session of SDCL -25-2.1 Personnel, because Mayor Haeder and the council felt free to discuss the raise in wages for Mr. Croy in open session it is obvious discussion of this employee/personnel issue took place under the SDCL 1-25-2.3 Executive Session violating the single subject rule for Executive Sessions.  Mayor Haeder and the council stand in violation of open meeting law.

So just when and how long did  (01:13:08.97) Mayor Haeder and the council discuss the appropriateness if wage increase and the value of this employee?  They agreed to revisit this issue (0:59:08.13) in Executive Session but Executive Session 1-25-2.1 Personnel was never entered into.  Sam?  So the motion was made, seconded and approve to give Mike Croy a wage increase to $15.50 per hour.

Agenda Item #17 Adjournment.  Council adjourned at 8:21 P.M.

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 Lukas Driesen

Patricia Jurrens                                  605-934-2517

04/07/2022 A Voice From the Gallery

          Mayor Haeder apparently is still hanging on to his opinion he has more of a say where the Union County Fair is located that the Union County Commissioners and the Union County Voters.

Union County Commissioners:

  • District 5. Milton Ustad (Chairman) 410 W Maple. Beresford, SD 57004.
  • District 3. Rich Headid (Vice-Chairman) 605 Lakeview. North Sioux City, SD 57049.
  • District 1. Tom Kimmel. 111 Doral Lane. Dakota Dunes, SD 57049.
  • District 2. Michael Dailey. 48183 335th st. Jefferson, SD  57038.
  • District 4. Kevin Joffer. 108 E Clay, Elk Point, SD 57025

          Folks the above listed gentlemen who will make the decision to sell land and/or re-locate the Union County Fair.  One would hope in the process of that decision, they would voluntarily schedule a county-wide vote to allow the citizens of Union County to make a decision that would be most equitable for all concerned citizens of Union County.

          Commissioner Ustad, Headid, Kimmel, Dailey and Joffer, I sincerely hope if you gents decide to consider a sale of  the fairgrounds to FCS you would attach iron-clad strings to the sale with attached enforcement of those strings laid out in detail.  Strings where you specifically lay out in detail the use of the land, the particulate emanating out of the operation of FCS on the land, protect the waterway which runs parallel to the land specifically but not limited to the damming or diversion of the waters contained within that waterway and the closure of South Street to all semi tractor-trailer truck traffic other than the three properties bordering on the south side of South Street.  As time goes on, I am sure I can come up with other strings.

          Please note the following documents, these laid out rules for the lease and Mr. Edward K. Mathers, certified Surveyor gave his opinion on the map:

Once again folks, Let the council know what you think.  Let the Union County Commissioners know what you think.

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 Lukas Driesen

04/04/2022 A Voice From the Gallery

THE MOST COMMON WAY PEOPLE GIVE UP THEIR POWER IS BY THINKING THEY DON’T HAVE ANY.

Alice Walker

American author

          The  April 4, 2022, meeting was called to order by Mayor Dan Haeder with the recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen and Alcester City Attorney Sam Nelson.

          Agenda Item #2 –  Pledge of Allegiance

          Agenda Item #3 – Approve Agenda – (01:15.60) The council approved the agenda as presented.  Approved unanimously.  Too bad the council was not advised of the delay the speaker scheduled for Agenda Item #5 Banner Engineering prior to their vote.

          Agenda Item #4 – Approve the Minutes of March 7, 2022, and March 21, 2022.  (01:45.03)  Council approved the minutes of March 7, 2022, and March 21, 2022, unanimously.  (02:34.13) FOPAT belatedly advised the council of the Banner Engineering representative delay.

          Skip to Agenda Item #7 –  Ward II Council vacancy.  No one wants a Pat on their back. (03:07.73)

          Agenda Item #8 – Public Input (03:35.40)  First up was Reporter Gordon Richard (03:47.20) who made remarks concerning the Union County Fair issue indicating he had spoken with Commission Joffer regarding the FCS contact with the Union County Commissioners.

          Second to speak during public input (04:18.33) was Councilman Lukas Driesen who also spoke to the topic of the Union County Fair issue.

          Councilwoman Darla Reppe (05:22.57) followed with her input relating to constituent contacts concerning the Union County Fair issue.  During Councilwoman Reppe’s input Mayor Haeder inject his opinion (09:55.30) “…You (indicating the Alcester City Council members) are the people that actually have to make that decision…”.  Mayor Haeder went on to comment (10:33.20), “…there is more drama in this town than they do in Sioux Falls…”)

          Councilman Lukas Driesen went on to comment (0:11:16.80) on a constituent’s observation the street sweeper should see the streets more often.  Please note here folks FOPATS’s response.

          I, Vickie Larsen was the last to speak to public input (0:11:56.27)  I spoke to the inexcusable failure to have a map for the zoning issue on the website so the public could see where the devil Section 28 was located.  I also spoke to Mayor Haeder’s comment regarding any sale or removal of the Union County Fair from Alcester.  Those two issues lie within the purview of the Union County Commissioners and the voters of Union County.

          Agenda Item #5 – Wastewater Facility Plant- Tanya Miller (0:14:08.43)  During discussion of this agenda item Councilman David Larsen states his concern over the cost of our waste water facility. (0:28:39.23)  Mayor Haeder comments (0:31:23.27) “…We don’t, we don’t have a choice, we need sewer….”  Mayor Haeder continues in his remarks (0:34:23.63), “…People need sewers, people need roads, people need water…”  So Mayor, did the people “need” community center, could they have lived without it?  H-m-m?

          Agenda Item #6 – 6:30 p.m. Community Center Employees  

          Executive Session SDCL 1-25-2.1 Personnel  started at 6:30 P.M.  Three groups of employees appeared before the council in executive session with the council, FOPat and Alcester City Attorney Sam Nelson.  The first group of six was in the session for about one (1) hour, the second group of three was in about 1/2 hour and the third group of two was in the executive session for about 1/2 hour.  Yes folks the executive session lasted for two (2) hours and five minutes.  The council was declared out of executive session at 8:41 P.M.

          The council then voted on three new hires.

          Agenda Item #9 – Police Dept.   Chief Austin Schuller gave updates and statistical reporting.

          Agenda Item #10 – Legal Updates – City Attorney Sam Nelson   Mr. Nelson  reported the condemnation would be handled in the April 18, 2022, meeting.  Mr. Nelson discussed HB 1033, Make an appropriation for the provision of housing infrastructure loans and grants; HB 62, which dealt with an appropriation for eligible water, wastewater, storm water, and nonpoint source projects and to declare an emergency; and HB 1076, which would permit certain municipalities to elect aldermen at large.

          Agenda Item #11 – Union County Fair Ground- Mayor Haeder was wound up over scuttlebutt dealing with the Union County Fair and Fair grounds.  (01:53:24.80)  Mayor Haeder says, “…do I need to say that again for the camera?…or for anybody?…” 

          (0:53.51.07) Mayor Haeder says, “…obviously the fairgrounds would be re-located and they would be re-located in Alcester…good lord willing…we would do our best to make sure they were put right here in the city of Alcester…they’ve been here 90 plus years…why would they move?…”   Mayor Haeder you make assumptions on the location of the Union County Fairgrounds, it is up to the Union County Commissioners and the Union County voters to determine the location of the Union County Fair if the fairgrounds were to be sold.  Why would the fairgrounds move?  To be equally accessible to all portions of Union County, obviously! 

          (0:54:21.30) Mayor Haeder says, “we are putting together a committee and the committee is going to be composed of some, some aldermen.  It’s also going to be composed of some commissioners and some fair board people…(Darla Reppe, Lukas Driesen, David Larsen or Linda Talbott)”

          (0:56:43.63)  Mayor Haeder on the question of quorum wanders into the realm of the ignorant quorum says, “…It depends on how we do it…it, it is publicized that there is a quorum present but…no business is actually (here he mumbles something)…you’re not making any motions…you’re not (indecipherable mumbling)…you should be able to talk about an issue…we can have the three of us together…”  Mayor Haeder you would be violating the law, you would be violating open, transparent ‘government’.  You expect us to take you at your word?  Guess again.

          (0:57:11.90)  At this point Alcester City Attorney Sam Nelson says, “…I, I would caution you …in a quorum…”  Mayor Haeder’s body language suggests he did not take that caution well.

           Agenda Item # 12 – 2022 Multi Community Chip Seal Project.  The Brosz bid was received and determined to be excessive.  FOPat says she and Lonnie felt the final bid was too high?  At this point the Council needed to determine whether to accept or reject the Brosz bid.  The motion was made to reject the Brosz bid and a unanimously vote to reject saved us a boat load of money.

          Agenda Item #13 – Plat map change for Plat of Tract 4, Railway Addition, an Additional in the NE1/4 of Section 28, T95N, R49W, 5th P.M., City of Alcester, Union County, South Dakota.  Three motions needed to be made and Mayor Haeder managed to stumble his way through the process, saved from a redo by the ability of the council to read the motion accurately.  (1:07:07.87)  Mayor Haeder finally remembers he is to entertain a motion and vote to enter into a joint city council and Planning and Zoning Board meeting.  WOW

          (1:11:42.20)  Railroad right-of-way established in and under 2017 South Dakota Codified Laws, Title 49-Public Utilities and Carriers, Chapter 16A -Intra state Railroad Regulation, §49-16A-77 Powers-Width of right-of-way-Additional land for proper construction-Compensation for lands taken.  “49-16A-77 Powers…Each railroad authorized to construct, operate, or maintain a road within this state, may lay out a road not exceeding one hundred feet in width, and construct it…”

          (1:13:48.13)  Mayor Haeder, you need a motion to recommend approval of the Plat of tract and authorize David Larsen to sign as chair of the P&Z Board.

          (1:14:03.00)  Mayor Haeder, you need a motion to approve the P&Z Board recommendation and approve signers.

          Thankfully those making the motions, faithfully repeated the printed motion listed on the agenda presumably provided by Sam Nelson, city attorney.

          (1:16:59.70)  Butting in on Mayor Haeder, FOPat calls for Agenda Item #14 – Swimming Pool.  WOW!   Gees Louise, then (01:20:25.53) Mayor Haeder appears to ask FOPat’s permission to call for approval of FOPat’s suggestion for pool wages as presented. 

          Agenda Item #15 – Finance Office Updates

          Agenda Item #16 – Executive Session for Personnel  – not needed.  Gee whiz after that marathon 2 hour plus executive session, surprise, surprise they did not have anything more to personnel to talk about.

          Agenda Item #17 – Adjourn – Meeting was adjourned at 9:33 P.M.

Once again folks, Let the council know what you think.  Let them know how you appreciate the Mayor’s opinion of you and your city.  Let the Mayor know.

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 Lukas Driesen

Patricia Jurrens                                  605-934-2517

03/24/2022 A Voice From the Gallery

“Just cause you got the monkey off your back doesn’t mean the circus has left town.”

George Carlin

          On March 21,2022,  Mayor Dan Haeder made the following remarks:  ((24:55.50) 03/21/2022 A Voice From the Gallery video) “…I (Mayor Haeder) have the right to shoot one (a pellet gun) on my property…” ((26:32.17) 03/21/2022 A Voice From the Gallery video) Mayor Haeder says, “…I can use a pellet gun…rabbits, ground squirrels, whatever…I can kill anything that doesn’t require a license to hunt…” 

During Agenda Item #6 – Public Input I addressed Mayor Haeder’s remarks on his ‘right’ to shoot a weapon within the city limits.  ((33:09.37) 03/21/2022 A Voice From the Gallery video)  Shooting inside the city limits. Mayor Haeder remarked the police chief told him he could, per city ordinance.

          Folks, I invite you to review Mayor Haeder’s statements and his response to my cautionary remarks on the March 21. 2022. meeting video.  The following is the Alcester City Ordinance which deals with his avowal of his rights as a property owner :

08/16/2014 Revised Alcester Municipal Ordinances

CHAPTER 5.03 – FIREWORKS AND FIREARMS

5.0302  Discharging Weapon  – Discharging Weapon. No person shall discharge any pistol, gun, revolver, or other firearm, or any bow and arrow, or any device capable of firing a projectile either by air or compressed gas or any other means which would likely cause injury to any person, or discharge any dangerous weapon, within the City limits.

The following uses are exempt from this section:

          A. Proper use of weapons in a licensed shooting range.

          B. Use by law enforcement or animal control officers in the discharge of    their official duties, or to persons who are authorized by the Chief of Police.

          C. Use by persons engaged in instructional courses using air guns, BB guns,       or bows and arrows if the course has obtained a permit from the Chief of      Police, is conducted by a certified instructor, is covered by adequate liability         insurance, and has been approved by the supervising unit if conducted on   City property. The Chief of Police may establish conditions for granting a       permit to protect the health, safety, and well-being of the general public.

          D. The owner or inhabitant, over 18 years of age, of a parcel of real estate within the City of Alcester may use air guns or BB guns to control predators or pests on such property, provided all such activities comply with South Dakota Statute. It shall be a defense to a charge of violation of this section t    hat a person was engaged in lawful self defense, as set forth in SDCL 22-5-1, SDCL 22-5-9, and SDCL 22-18-4.

          Please note it is very clear, “No person shall discharge any pistol, gun, revolver, or other firearm, or any bow and arrow, or any device capable of firing a projectile either by air or compressed gas or any other means which would likely cause injury to any person, or discharge any dangerous weapon, within the City limits.”

          However, the ordinance section does enumerate exempt situations.  Exemption D does allow for the use of air guns or BB guns to control predators or pest on such property provided  all such activities comply with South Dakota Statute. 

          The language and definition of predator or pest is vague to the point of invalidating the exemption in my opinion.  Predator – zoological- any organism that exists by preying upon other organisms and Pest any organism that damages cropsinjures or irritates livestock or humans, or reduces the fertility of land.  However, both of these terms can be applied to human beings as well as organisms. 

          Now folks Mayor Haeder insinuates it is his RIGHT to sit in a lawn chair with a pellet gun or a BB guns and open fire on bunnies, squirrels, ground squirrels, cats,  predatory birds and etc.  Think about it folks, this Barney Fife clone has the school parking lot on his east property border, he has the city pool on the west side of his property, an apartment building on the south and the Alcester Community Center and Sixth Street on the northern portion of his property.  There he stands with his pellet gun/ BB gun at the ready for a quick draw as the circus shooting gallery starts its run across his sights.  There is a reason why people are not allowed to discharge a firearms within the city limits, it endangers the public.

          So folks do you want your students, your kids at the pool, our drivers on Sixth Street, our Golfers and guests of the Community Center to become inadvertent targets of some clown who wants to shoot bunnies, cats and so forth? There is a remedy and it appears as the last item in the municipal ordinances as follows:

08/16/2014 REVISED ALCESTER MUNICIPAL ORDINANCES

CHAPTER 11.01 – PENALTIES AND REPEALING CLAUSE

11.0101 Penalty in General. Except in cases where a different or additional penalty is imposed by this ordinance or by some existing provision of law, every violation of any of the provisions of this ordinance shall be punishable by a fine not exceeding five hundred dollars. Each day in which a violation of this Ordinance or other ordinance continues shall constitute a separate offense. (SDCL 9-19-3)

11.0102 Conflicting Ordinances Repealed. All former ordinances or parts of former ordinances in conflict with the provisions of this ordinance or relating to the subject matter of this ordinance, except as stated in this chapter, are hereby repealed; provided however, that nothing herein shall be construed as repealing any special ordinances, appropriation ordinances, franchise ordinances establishing fees and charges, levy ordinances for the issuance of bonds, or special ordinances of like character, nor shall this ordinance repeal or modify the provisions of any zoning ordinances or any other ordinances requiring a special method of adoption, nor shall this ordinance repeal or modify the provisions of any resolution heretofore adopted by the City of Alcester unless the provisions of this ordinance either modify, repeal, or amend such resolution; and all such ordinances and resolutions shall remain in full force and effect.

11.0103 Unconstitutionality. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby.

11.0104 Publication and Effect. This ordinance shall take effect immediately upon its adoption and publication of the notice of such adoption as provided by SDCL 9-19-17.

          In other words folks, the exemption which allows a property owner to fire a gun (at bunnies, moles, ground squirrels, cats or whatever) within the city limits can be repealed.  It is up to us as voters.

CONTACT THE MAYOR, TELL THE MAYOR HOW YOU FEEL ABOUT YOUR KIDS, YOUR CATS, YOUR DOGS, OR WHATEVER  BECOMING THE TARGET OF SOME CLOWN SHOOTING A PELLET/BB GUN AT A TRESPASSING CAT OR GOPHER.

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 Lukas Driesen

Patricia Jurrens                                  605-934-2517

03/21/2022 A Voice From the Gallery

“An apple a day is good enough to keep anyone away, if it is thrown hard enough.”

Stephen Colbert

 “Ever since I learned Uncle Isaac was beaned by a falling apple, I have  practiced batting and I aspire to a .375 batting average!”

Vickie A. Newton

          The  March 21, 2022, meeting was called to order by Mayor Dan Haeder with the recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples and Councilman Lukas Driesen.  Absent was Councilman David Larsen and Alcester City Attorney Sam Nelson.

          Agenda Item #3 – Approval of the Agenda  The council approved the agenda unchanged unanimously.

          Agenda Item #4 – Board of Equalization Meeting

          At (01:38.70) Mayor Haeder fails to announce the Alcester City Council meeting in recess for the local Board of Equalization.  At 6:01 PM Mayor Haeder announces the Board of Equalization in session (01:48.23) but fails (02:03.03) to do a formal roll call of council members who make up the local Board of Equalization and fails to determine a quorum is present:

SDCL 10-11-15. Clerk of local equalization board–Minutes–Form of action–Adjournment in absence of quorum.

The township clerk or municipal finance officer shall act as clerk of the equalization board and keep an accurate record of all changes made in the valuation and of all other proceedings. The minutes shall contain the following information: name of property owner appealing assessment, legal description of property being appealed, change to land or structure value by local board of equalization and reason for such change. All actions shall be taken in the form of a motion, second and vote. If no quorum is present, the clerk of such board may adjourn from day to day, and publicly announce the time to which the meeting is adjourned.

SDCL 10-11-16.1. Appeals–Notice of decision by local board of equalization.

A local board of equalization shall hear individual valuation, classification, and assessment questions of property owners or taxpayers who have appealed to the local board of equalization, and may make adjustments and corrections in the assessment roll. The board shall notify each appellant of the decision affecting the appellant’s property in writing seven days after the adjournment of the local board of equalization.

          Doyle Fickbohm’s objection to the assessed value of the property at 208 Union, parcel number 01.04.02.1015 in the city of Alcester.  Said property was valued by the county at $64,054.00 uncertified.  After discussion, attempts at crafting a motion properly and Mayor Haeder’s refusal to restate the motion (14:47.10).  The council unanimously voted to deny (15:02.83) Mr. Fickbohm’s objection to the county assessment of Parcel number 01.04.02.1015.

          Rob Huber of Sunnyside Rentals, LLC, Lennox, SD (15:13.33) objection to the assessed value of the property at 202 East Sixth Street, parcel number 01.01.24.1025 in the city of Alcester.  Said property was valued by the county at $200,102.00 uncertified.  (15:38.07) Mayor Haeder speaks in rounded numbers rather than actual figures.  During discussion phase of this object Mayor Haeder (16:56.27) states, “…we are just making our opinions known…you (the council) are making your opinions known.”  Notice Mayor Haeder’s repeated use of the “Royal ‘We'” when he speaks then attempts to absolve himself of any potential blame!”  Also note (17:14.73) Mayor Haeder devolves into irrelevance-counting the number of doors to assess valuation.  (19:04.90) I asked for clarification of the county assessed value $200,102.00. (20:14.97) Mayor Haeder AGAIN refuses to restate the motion for the record.  (20:57.80) Council votes unanimously to deny Mr. Huber’s objection to the county assessment of $200,102.00) for 202 East Sixth Street, parcel ID 01.01.24.1025.

          Upon no further objections to assessment of properties and before adjourning the local Board of Equalization Mayor Haeder (21:59.20) Once AGAIN Mayor Header Sky Dives down the Rabbit Hole of irrelevance without benefit of an inflated parachute of common sense!

          Agenda Item #5 – Council Vacancy Ward II  No one wants a PAT on their back.  No action.

          Agenda Item #6 – Public Input

          Councilwoman Cyndi Peeples (24:07.43) brought up a concern of a resident about moles in the cemetery and what can be done about them.  Again Mayor Haeder descended into what I would term a grossly, ill-advised diatribe of rant (24:55.50), “…I (Mayor Haeder) have the right to shoot one (a pellet gun) on my property…” (26:32.17)  Mayor Haeder says, “…I can use a pellet gun…rabbits, ground squirrels, whatever…I can kill anything that doesn’t require a license to hunt…”  Question asked of  Mayor Haeder, Poison?  Mayor Haeder responds, “…could..it’d probably be met with a little more resistance because of people that have cats…”  Then there is the morceau de bétise which happens at (27:42.23) when Mayor Haeder in answer to Councilwoman Talbott’s comment about cats.  Where Mayor Haeder states, “…you (Councilwoman Talbott) have the right to do that…” (28:28.03)  So let me get this straight Mayor Haeder, if one does not like cats or birds you can shoot a pellet gun at them.  You are giving your permission Mayor Haeder?  So according to your common sense Mayor Haeder, if you do not like something and ya don’t need a license to hunt it, you can shoot a pellet gun at them.  Is this what you are giving permission to do, Mayor Haeder?

          Richard Akland (28:42.40)   Pickleball update

          Vickie Larsen (32:29.27)

                                (32:45.63) Water Bill assistance result of water bill hikes

                                (33:09.37)  Shooting inside the city limits.  Warning Mayor

                                (38:28.90)  I questioned whether FOPat and Wanda are being paid for their volunteer work?  Notice the quick response from Mayor Haeder.  Makes one wonder, do we have Oxymorons-Paid Volunteers?

          Agenda Item #7 – Affordable Housing Update – Gordon Richard  (39:14.27) Mayor Haeder talks about city paying for infrastructure on acquisition of the alfalfa land south of Beck Drive.  Thing is the property directly south of Beck Drive is Anderson Drive?  I am sure the folks on the west side of Alcester are comforted that they are once again pushed back in the waiting line for update of infrastructure while they are paying the curb tax, the rise in tax assessment and tax levies.

          Agenda Item #8 – Legal Updates  No Sam, No Sign and No action.

          Agenda Item #9 – Committee Department Chair Updates 

          Street                    NO report

          Cemetery              NO report

          Water                    NO report

          Wastewater           advised the Engineering plan is at 90% complete

          Library                  NO report other than Saturday reading group

          Golf Course          Thank you to Gary McKellips for T-Box signs and the updated Pond Biffy.  (46:04.20)  Mayor Haeder wandered down memory lane of irrelevancy with his account of the McCook Biffy.  How the men didn’t care but the women did.  WOW talk about being BIFFY AWARE!

          Agenda Item #10 – Golf Course/Community Center -Hiring- Why isn’t the guy who is actually working with them hiring them?

          Agenda Item #11 – Finance Office- Updates

          Agenda Item #12 – Old Standby – Executive Session SDCL 1-25-2 *.*      WOW  Wonder of Wonders no need.  Amazing!

          Agenda Item #13 – Adjourn  6:56 PM

FOLKS CALL THE MAYOR, TELL HIM WHAT YOUR OPINION IS.

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 Lukas Driesen

Patricia Jurrens                                  605-934-2517