09/08/2020 A Voice From the Gallery

Mayor Dan Haeder, opened the September 8,2020,  meeting of the Alcester City Council at 6:00 p.m. with council members Darla Reppe, Linda Talbott, David Larsen, Vickie Larsen and City Attorney Sam Nelson present and council members Melissa Kay and Marcus Ireland participating remotely via telephone.

The group began the meeting with recitation of the Pledge of Allegiance.

The council went on to approve the agenda with an adjustment in the printed agenda.  Agenda item #18 was moved forward to immediately follow agenda item #6 due to a time conflict with City Attorney Sam Nelson.  The group approved the agenda with that adjustment.

The council approved the minutes for August 3, 2020, and August 17, 2020, without change.

Agenda Item #5 – Public Input – Mayor Haeder had been contacted by Nathan Beeler, Mitchell Drive of a problem with the street condition.

Agenda Item #6 – Alcester EMS -Jeff Nohava acting director of Alcester EMS.     Mr. Nohava gave a report/update on Alcester Ambulance and it’s proposed, revised operations.   I would like to address some of the statements Mr. Nohava made during this ‘update’ with regard to prior operations of Alcester EMS while I was a member of the crew.  (00.04.54) “…When Alcester couldn’t crew it fell on Hawarden to crew…about 60% of the time”. Vickie response, As a past crew member, Nationally Certified EMT, prior to 2012, it was our practice if we could not crew, we would refer the call to  Beresford Ambulance or Hawarden Ambulance.  Much of the time it was Beresford Ambulance who responded.  (00:12:16)  Nohava, “…in the past people were taken to Sioux Falls…”  Vickie response, As a past member of the dedicated Alcester EMS crew, we transported patients to the hospital of their choice.  We did not dictate which hospital they had to use.  We did however in the event of an extreme emergent situation, transport to Canton or call in Med Helicopters out of Sioux Falls. (00:12:33)  Nohava states, “if it is a true emergency”  Vickie response, Whose definition of TRUE? Insurance carrier, Hawarden Ambulance, Alcester EMS Medical Director-Dr. Waddell or someone with triage training?  Who?   (00:13:03) Nohava states, “…a hospital eight miles away…I have reviewed some of the trip reports…”  Vickie response, it is my understanding the last quarter 2019 trip reports were sketchy, not filed in a timely manner with insurance claims left waiting.   (00:13:13)  Nohava states “…45 minutes trip to Hawarden, the EMT’s like it…3 hour trip in the past…”  Vickie states, Having been on many, many trips to Sioux Falls Avera, Sioux Falls Sanford and Sioux Falls VA Hospital, those three hour trips entailed travel time dependent upon location of patient loaded, extrication time, road conditions and the normal run time 40 minutes from Alcester to ER.  We spent time giving report on patient, exchanging sheets and blankets for clean linens and if we were out over lunch time we would stop for a quick lunch.  On the way back, our dedicated crew worked on trip reports, worked cleaning equipment, stowing the cleaned equipment and squaring away the rig in case our dedicated crew had another emergency call while we were on our way back to Alcester.  On more than one occasion we did indeed have two calls back to back.  Mr. Nohava talks of the two major Alcester employers in terms of the ‘three’ hour trip time, well sir.  I was one of those self-employed EMT’s who made those daytime trips, and I substitute taught in the local school which I believe appreciated having an certified EMT on premises along with the school nurse even if I was called away on one or two occasions.  (00:15:45) Vickie response, Mr. Nohava repeats his mantra, “…the past is past…”, but appears to accuse our dedicated past EMS crew of endangering patients with Sioux Falls Transports.  I warned a previous Hawarden Ambulance director who dared accuse our dedicated Alcester Ambulance crew of abandoning a patient.     On that occasion our Alcester Ambulance crew transported a patient to Hawarden Hospital ER, where we transferred the care of the patient to the hospital ER staff, but had to wait an unusually long time for release.  The hospital had received the patient into their care.  Folks procedurally and legally our independent EMT/ ambulance acted under the direction of a medical doctor not a hospital. So our EMT’s could transfer patient into the care of  a hospital or medical doctor (higher skill level), however once care of that patient was transferred to the higher skill level, it could not legally be handed down to a lower skill level  EMT to transport to Sioux City. Alcester Ambulance EMT’s delivered a patient to Hawarden Hospital.  Hawarden Hospital made the determination the patient needed transfer to their Sioux City affiliate and for whatever reason Hawarden Ambulance would nor or could not transfer.  Alcester Ambulance EMT-B level was told to transport the patient from the higher skilled Hawarden Hospital to the higher skilled Sioux City Affiliate Hospital.  We declined based upon the fact we would be violating the chain of medical skill.  Our ambulance later received a nasty letter from the director of Hawarden Ambulance with the accusation of patient abandonment.  Needless to say, even after I sent a letter explaining our position to the Director of the Hawarden Ambulance, and copies of the letter the Director of the Hawarden Hospital and the city of Hawarden, the members of that dedicated crew still have a bitter taste of insult that we ever would abandon a patient entrusted to our care!

Agenda Item #18 – Community Center –  Alcester City Attorney Sam Nelson removed a small phrase from the contract.   

FROM

A133 contract section

12.2 Binding Dispute Resolution read,

“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017 the method of binding dispute resolution shall be as follows: (check the appropriate box)

          [ ]  Arbitration pursuant to Article 15 of AIA Document A201-2017

          [X ]  Litigation in a court of competent jurisdiction

          [ ]  Other:  (Specify)

TO

A133 contract section

12.2 Binding Dispute Resolution

“For any claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A 201-2017 the method of binding dispute resolutions shall be as follows:  (check the appropriate box)

          [ ]  Arbitration pursuant to Article 15 of AIA Document A201-2017

          [X ]  Litigation in a court of competent jurisdiction

          [ ]  Other:  (Specify)

During the discussion (00:21:20) and the brief discussion and the race to spend $2.6  million dollars.  I voiced my opinion and objection to portions of contracts written by and for the architect and by extension the contractor.  The document I held up was referenced within the A133-2017 document and the A201-2017 document is A503-2017/2019, Guide for Supplementary Conditions (for A201-2017, 2017 Owner-Contractor and 2019 CMc agreements)  If you are interested in some light reading (?) ask for copies or access to copies of the signed documents AIA 133-2019 and AIA 201-2017 with online access to AIA 503

As you can hear in the video how the $2.6 Million vote went down.  (00:23:00)

Agenda Item #7 – Public Hearing – Wastewater Facility Upgrade.   Explanation and recommended upgrade of the present mechanical system with costs.  Copies of the handout should be available at city office.

Agenda Item #8,# 9, #10, #11, and #12 self explanatory on video.

Agenda Item #13 – legal updates and #14 – Executive session not needed.

Agenda Item #15 – Planned Development District Discussion

                                

Agenda Item #16-Finance Office

          Warrants vote,

          Dakota construction Warrant

          Road Guy Warrant

          Budget- discussion on pay raises, merit, longevity and etc.

OFF VIDEO RECORDING

Agenda Item #17- None

Agenda Item #18-already dealt with

Agenda Item #19 – EMS Update

Agenda Item #20- Update volunteer roster

Agenda Item #21 – Executive Session to SDCL 1-25-2-1 Personnel

            9:38 p.m.  in Executive session

            9:51  p.m. out of Executive session

Agenda Item #22 Adjourn  9:52 p.m.

08/17/2020 A Voice From the Gallery

In the absence of Mayor Dan Haeder, President of the Council David Larsen opened the August 17, 2020,  meeting of the Alcester City Council at 6:00 p.m. with council members Marcus Ireland, Darla Reppe, Linda Talbott, Melissa Kay, Vickie Larsen and City Attorney Sam Nelson present.

The group recited the Pledge of Allegiance.

Agenda Item #3 Agenda approval was given with no changes and recorded with a unanimous six (6) aye vote.

Agenda Item #4 Public Input – Since there was no public, the city councilors mentioned items not included in the agenda: Councilman David Larsen announced a vacancy on the Library Board due to a resignation.   Comments were received concerning vandalism in the Park and the lights in the park.  Announcement was made the Alcester Auditorium has officially been sold and the keys turned over on August 17, 2020.

Agenda Item #5 Water and Wastewater – no updates- City Attorney Sam Nelson advised the council of past practices of setting rates by ordinance rather than by resolution and suggested a resolution to allow the setting of rates by ordinance.  South Dakota Municipal League describes the difference between ordinance and resolution as,

“Municipalities may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto (§9-19-3).

The word “ordinance” means a permanent legislative act within the limits of its powers of the governing body of a municipality (§9-19-1).

A resolution, on the other hand, means any determination, decision, or direction of the governing body of a municipality of a temporary or special character for the purpose of initiating, effecting, or carrying out its administrative duties and functions (§9-19-1)…The substance of the ordinance follows (§9-19-6).

Ordinances can only have one subject, which must be expressed in its title (§9-19-5). ..All ordinances shall be read twice by title with at least five days between each reading. If passed, the ordinances shall be signed by the mayor or acting mayor or president of the board of trustees, and filed with the finance officer. With few exceptions, ordinances, after being signed and filed, must be published at least once in the official newspaper (§9-19-7). The vote on the second reading of all ordinances must be recorded and published (§9-19-9).

Resolutions differ from ordinances in that any resolution may be passed after only one reading. The resolution must be published at length either separately or in the minutes of the meeting. The votes for and against the resolution must also be published (§9-19-8).

Unless an ordinance or resolution is drawn to take effect immediately upon passage, all ordinances and resolutions become effective on the twentieth day after passage and publication, unless suspended by operation of a referendum (§9-19-13).

Voters have the right to propose their own ordinances through the initiative process, or to refer any legislative decision of the governing body through the referendum process. More information on these processes can be found in the Handbook for Municipal Officials or in §9-20.”  (https://www.sdmunicipalleague.org/index.asp?Type=B_PR&SEC=%7B33E9C767-2065-4201-8F6B-DBDA8625A402%7D&DE=%7BC75C4AE0-AA9E-47DF-9128-2E6BDE604CEA%7D)

Agenda Item #6 & #7 combined discussion as suggested by City Attorney Sam Nelson.  Since Item #7 involved contractual matters the council went into Executive Session for the purposes of SDCL 1-25-2.3.  The council moved into Executive Session at 6:13 p.m. and came out of Executive Session at 6:30 p.m. Once out of Executive Session the group moved on to open session of Agenda Item #6.  A call for motion was made to allow contract negotiations to authorize the Mayor to sign the contract for the community building depending upon agreement of terms and conditions by both parties.  Vote was taken with 4 ayes and 2 nays.  Motion carried.

Agenda Item #8 – Updates Finance Office School sign contributions from the city to aid city advertising.  This discussion had been postponed due to a question regarding public moneys spent as contributions.  City Attorney Sam Nelson stated there was no problem regarding the contribution issues.  Discussion took place regarding the advertising issue on the sign such as city events, closures and etc. with a motion to contribute $1,000.00 this year coming from Councilman Ireland.  Vote was taken with five (5) ayes and one (1) nay.  Motion carried.  I was the nay vote.  My problem is all the advertising points for fee based announcements to appear on the school sign would be on the city website and as easily accessed.  Which begs the question, where is the city website and why is it not up?  Yet?

Agenda Item #9 – City Assets – I asked for this agenda item to discuss the sale of properties held by the city to put those properties back on the tax rolls.  The city has properties in its name which collects no property taxes, sales tax income or property improvement based income for the city.  These properties would be appraised and not to be auctioned but placed with realtors for sale for residential use or main street business use.

Agenda Item #10 – Update for Volunteer Roster For Worker Compensation.   Approved.

Agenda Item #11 – Executive Session 1-25-2.1 Personnel to discuss the qualifications, competence, performance, character or fitness of any public officer, employee or prospective public officer or employee.   This was an agenda item I requested.  The council went into Executive Session at 6:55 p.m. with only council members: David Larsen, Melissa Kay, Linda Talbot, Darla Reppe, Marcus Ireland and myself in the session.  At 7:19 p.m. President of the Council David Larsen declared the council out of Executive Session.  At this time the group delayed action on the question.

Agenda Item #12 – Adjourn –  The council adjourned at 7:21 p.m.

08/03/2020 A Voice From the Gallery

Mayor Dan Haeder opened the August 3, 2020,  meeting of the Alcester City Council at 6:00 p.m. with council members David Larsen, Darla Reppe, Linda Talbott, Vickie Larsen and City Attorney Sam Nelson present in the new city council room on 500 Dakota Street with council members Marcus Ireland and Melissa Kay remotely present via telephone.

The group recited the Pledge of Allegiance.

Mayor Haeder called for approval of the agenda.  Agenda was approved as written without change

Agenda Item #4approval of the minutes for July 6th and July 20, 2020, were approved as presented via roll call vote.  Roll call vote was used due to the fact two of the council were taking part via telephone. 

Agenda Item #5-Mayor Haeder presented the council with the revised 2020-2021 Council committee assignments.

Agenda Item #6-was called with no public input.

Agenda Item #7-Street Updates- Lonnie Johnson was not present.

Agenda Item #8-Pool Update-some where the water was left on so there was water over run of the pool.

Agenda Item #9-Water/wastewater Updates- There was a waterline break due to movement of a mobile home move.  Water availability was shut off/ interrupted to several mobiles homes and adjacent homes.  Water was restored to patrons by Monday.

          Discussion on the upgrade of the wastewater plant and the need for a rate  increase to facilitate the grant needed for the upgrade.  Public hearing to take place September 8, 2020, in council room at 500 Dakota Street at 6:15 p.m.

Agenda Item #10-Police Department update.  Chief Christie explained to the council the method by which case numbers are assigned to any one particular call.  When the Alcester PD is called out, a number is assigned to that call.  If additional action is taken those may be assigned a number which would artificially inflate the number of calls.  So one call could contain more than one case number assignment, if I understood the process correctly.  For instance a public disturbance call could involve a domestic case, a public intox case, an assault case, a drug case and so forth.

          PD to move into their new building on Wednesday.

Agenda Item #11-Pleasant Hill Cemetery-No report other there was an issue with the mower.

Agenda Item #12– Golf Course

          Pump issue, silt in the pond issue around the intake pipe

          Library-Computer scanner UVC disinfectant device.

Agenda Item #13– Personnel Manual-Discussion-I listed items contained within the document that I felt needed to be addressed and adjusted for. As you will hear Sam opine no underlying concerns.  Since the document will be a resolution it can be amended.

Agenda Item #14– Legal Updates- None

Agenda Item #15-Executive session – None

Agenda Item #16 – Planning and Zoning Amendment Second Reading, needed for Ordinance 2020-08 to be in effect and facilitate movement of offices.

Agenda Item #17– Finance Office- Approval of warrants, records destruction to separate archival preservation from just out-of-date records.  School Sign-contribution from city-delay to make sure such a donation of tax dollars is allowed. Community Building closing date, Budget Committee meeting set for August 12, 2020, 1:00 p.m.

Agenda Item #18 HRC Update-Covenants and an interest in another lot sale.

Agenda Item #19– Fairboard

Agenda Item #20– Community Building Update- Notice that City Hall and the Fitness facility will move to 500 Dakota Street rather than be in the Community Building upon approval of the Development Board and Council.

Agenda Item #21-EMS Mr. Nohava met with the EMS group.

Agenda Item #22 Volunteer Roster-none

Agenda Item #23 – Executive Session – Not Needed

Agenda Item #24 – Adjournment 

                               Council adjourned at 7:55 p.m.  

07/20/2020 A Voice From the Gallery

Mayor Dan Haeder opened the July 20, 2020, meeting of the Alcester City Council at 6:00 p.m. with council members David Larsen, Marcus Ireland, Darla Reppe, Linda Talbott, Melissa Kay and City Attorney Sam Nelson present.

The group recited the Pledge of Allegiance.

Mayor Haeder called for approval of the agenda.  Agenda was approved as written without change

Agenda Item #4 – Alderman Vacancy  was called.  At this point there were no scheduled applicants until Vickie Larsen again submitted her name for consideration for Ward III seat placement.  At this point Executive Session was called for the interview process.  Ms. Larsen was amenable to open session questioning but the council felt more comfortable to go into executive session.  Executive session commenced at/around 6:10 p.m.  Ms. Larsen was excused at 6:18 p.m. for council discussion and the group resumed open session at 6:37 p.m.  Upon resumption of the meeting, I discovered my camera had not be shut down, so at that point and at the request of council members I cleared the memory card at that point which is the reason the video commences at the appointment part of the meeting.  I was sworn in and seated as the Ward III Council person at the council table.

Agenda Item #5 Public Input- I raised a concern about children playing on East Bound Sixth Street just below the hill.  Drivers traveling from the west, eastbound on sixth street cannot see the kids when they are just below the crest of the hill.

Agenda Item #6 Legal Updates which includes two properties in process of violations.  Other Code Enforcement letters have been sent out.

Agenda Item #7 Planning and Zoning Proposed Readings of Amendments to the Zoning Regulations.  2020-08 regarding a planned development District for the City of Alcester and 2020-09 regarding Residential District and permitted Uses.  Copies of which should be notices in the newspaper.

Agenda Item #8 Personnel Policy Manual-The 2020 revision version with adjustments in language, adjustments in policy and restatement of policy.  Still in the revision stage.

Agenda Item #9-Executive Session – Discussion of Contractual Matters.  Session began at 8:13 p.m. with exit from closed session at 8:45 p.m.

NOTE:  Video stops at this point because access logistics were not planned when I was seated.  I will try to make sure logistics will be corrected for video engage after executive session shut down in the future.

Agenda Item #10-Mayor and Alderman Salary Adjustment-  This discussion was briefly discussed and will be more fully discussed at the next meeting.

Agenda Item #11-USDA Loan Payoff  Pay off loan balance of $36K+ out cash funds.  Motion passed 4 ayes with one nay.

Agenda Item #12– Wastewater Surcharge or Rate increase- put off to next meeting and to hear options.

Agenda Item #13– Finance Office-Move day July 28-29 to old high school.

          Change council meeting date to September 8,2020.

          Declare items surplus

Agenda Item #14– Executive Session- Not needed

Agenda Item #15 – Adjourn    9:19 p.m.

06/19/2020 A Voice From the Gallery

Mayor Dan Haeder called the June 19, 2020, Special meeting to order at 1:00 p.m. with the follow council present:  Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilman David Larsen, Councilman Marcus Ireland and City Attorney Sam Nelson present.  Present in the gallery: Mark DeRaney-AMKO, Jerry Spethman-Representing D.A. Davidson, Gordan Richard-Alcester Union-Hudsonite, Alcester Police Chief Christie, Alcester Police Officer Schuller,  Branch Manager-Senior Vice-President Alcester Premier Bank Jaimey Schempp and finance office employee Wanda *.

The group stood for the Pledge of Allegiance.

Agenda Item #4 – Mssrs. Mark DeRaney of AMKO and Jerry Spethman of  D.A. Davidson were introduced and made an update regarding the re-funding (semantics of the word re-funding meaning reworking the original bond to reflect a reduction in finance of the Sewer Bond for the city of Alcester. The council approved this action.

Agenda Item #5– Public Input.  I responded with a history of the official city website issue.  The original approval and vote took place March 3, 2014, approving $1375. 00 first year set-up and fee with an annual maintenance fee of $450.00. 

May 5, 2014, Patricia ran on a recycling agenda touting her computer prowess and was seated.  Looking back one has to wonder exactly what was she in favor of recycling? 

Oh well, pushing forward, on July 7, 2014, Councilwoman Jurrens resigned her council seat after voting not to appoint long time Finance Officer Mike Kezar.

September 10, 2014, Madam Jurrens was appointed Finance Office at a starting pay of $40,000.00 with a bump in pay after she achieved some ‘experience’ in bookkeeping.  It is interesting to note here Madam Jurrens with no bookkeeping experience was started $40000.00 far more than the 30 plus year veteran Finance Officer.  Exit Mayor Rick Johnson 2015.  Enter Mayor Tom Glas. 

April 4, 2016, Website approved and ordered by the council was still not implemented.  Who’s task, well let’s see.  Oh that is right Finance Officer Jurrens  with all the computer ‘experience’ she had still did not have the council ordered website up and running.

August 10, 2016, I asked during Public Input where is our website? No answer, no action!  2017 arrives still no website. 

July 10, 2018, agenda item # 12 (g) website was discussed in terms of  merging with the Alcester Chamber site which would negate any state statutes set into place to mandate minutes, records, ordinances and etc. be posted on the official city website.  Nothing was implemented, again.  Finance Officer Jurrens failing to perform her duty and obeying city council instructions for a city website. 

May 6, 2019, agenda item #13 (c) which was to approve Gov/Office 3 year website contract ($700.00 per year for three years)  Motion was made by Councilwoman Melissa Kay, Second by Councilman Dan Haeder with a 6 vote unanimous approval of the website…The six council present:  David Larsen, Melissa Kay, Dan Haeder, Linda Talbott, Lance Johnson and Darla Reppe. 

May 2019 Folks?  The only council member who is questioning Alcester Finance Officer Jurren’s continuing non-feasance to do what the council ordered… is Councilwoman Kay. 

It is now April 6, 2020, Website issue once again makes it to the meeting during the discussion of should the city finance office stay open or close.  This seems to be a operation definition of Oxymoron.  Of late and specifically on Tuesdays, the finance office lights are on, there is movement in the office with the excuse (?) the girls are catching up on their work?  So the lights are on, the girls are present but the door is locked (mostly) and the phones are silent.  So is the Finance Office Open/closed or Closed/open.  Think catch-22 here. or the military SNAFU. 

May 5, 2020,  agenda item #18 once again where is the website discussion just after the audit notice. 

Enter June 19, 2020, public input  Where is the official city website?  Answer it is going to go live soon.  Really live?  Hey FO Jurrens you mean a real, functioning OFFICIAL Alcester City Website.  As a child I learned quickly what a dodge was and I do not mean the car model.  Alcester City Council you are being conned.  The former mayor was led around by Finance Officer Jurrens like the pony in a pony ride at a kid’s birthday party.  I also brought up employees operating expensive city equipment with their heads in their cell phones.

Agenda item #6/#9-Planning and Zoning Amendment. It seems that pesky planning and zoning thingy can be a bit of a problem in the residential sense, right Mr. Nelson?  It seems if I caught everything that was tossed about, the residential class would not allow the city offices to operate out of the old city-school library.  You see I asked a similar question in a previous meeting with the idea we would not be barred from keeping the city offices in the old city-school library permanently.  Evidently Mr. Nelson went home and thought about my question and decided maybe Chapter 5 in the Planning and Zoning Ordinance should be amended to read that the city offices could indeed be operated out of the old city-school library.  Imagine that, the city could not operate the finance office out of the old city-school library cause it was zoned residential but a former councilman could engage in what appears to be a contract variance with Alcester Finance Officer Jurrens to build Old Mac Lance’s Barn in a residential area effectively devalued the residential properties on either side of the Old Mac Lance’s Combine Barn.  The amendment was approved by the council but a public hearing had to be set to complete the action.  Public Hearing was set for July 6, 2020, at 7:30 p.m.

Agenda Item #7 – Pool Updates The pool has been opened to pre-school and up.  A note here:  After passing the pool when it was occupied by staff and swimmers, I strongly suggest the city provide the swim attire for the city hired life-guards.  I strongly suggest the swim costumes be of the same color, one-piece only and marked appropriately as life-guard so there can be no doubt just who is the life-guard for the pool and who is in charge.

Agenda Item #12 July meeting location.  Meeting has been moved to the old city-school library Dakota Street.

Agenda Item #13-Executive Session-  Not needed.  It is amazing how much time not having an unnecessary executive meeting shaves of the length of meetings.  Even more time can be shaved by giving the council all the background information they need on agenda items so they can prepare and not have to rely on a translation from a biased source.

Agenda Item #14 Adjourn  Meeting adjourned at 1:38 p.m.

*Notice finance office employee Wanda was listed among the gallery. WHY? I heard the office telephone ring and ring while she sat in the gallery. So who is minding the finance store? Is that another oxymoron case which begged the question, was the officer open/closed or closed/open? She did eventually get up and answer the phone. Well at least I think so, it stopped ringing.

06/01/2020 A Voice From the Gallery

Mayor pro-tem David Larsen called the meeting to order at 6:00 p.m. with the following council members present: Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilman/Mayor pro-tem David Larsen, Councilwoman Darla Reppe and Alcester City Attorney Sam Nelson.

Agenda Item #2 – Pledge of Allegiance

Agenda Item #3– Approve agenda

Agenda Item #4 – Approve Minutes of May 4, 2020, and May 18, 2020.

Agenda Item #5 – Vacancy

Executive Session was called to interview candidates for mayor and for Ward II Council seat at 6:02 p.m.

Council came out of executive session at 6:35 p.m.   At 6:36 p.m. Ward III Councilman Dan Haeder resigned as Ward III council representative. It is uncertain why Councilman Haeder chose to resign because he could hold his seat as Ward III Councilman and perform duties as appointed mayor pro tem without resignation. Upon acceptance of what appeared to be his written resignation, the council appointed Mr. Haeder as Mayor until April 2021. Ward III was declared vacant and posting should appear in the official newspaper to fill the vacancy.

Next up was the appointment of Marcus Ireland as Ward II representative.

Both Haeder and Ireland were administered the Oath of Office by Finance Officer Patricia Jurrens. After five minutes of meeting and in which two (2) agenda items were dealt with, Mayor Pro Tem David Larsen realized Mayor Dan Haeder had not taken over the meeting and unfortunately our Parliamentarian Attorney Sam missed the failure to transfer of power. Mayor Haeder took over directing the meeting and re-did agenda items 6 and 7. A note here it came to my attention that FO Jurrens had not verified eligibility of Mr. Ireland prior to her administration of the Oath of Office to him. I asked FO Jurrens this morning (June 2, 2020) if Mr. Ireland was in fact eligible, registered voter in the city and her answer to me. “I do not know, I will contact Callie or Marcus”. This troubles me because the quasi-election official failed to verify eligibility before she administered the Oath of Office. After my conversation with Finance Office Jurrens, I verified with Union County that Mr. Ireland was indeed a registered voter and eligible to hold city council member seat.

Agenda Item #6 – Council office. Councilman David Larsen retains his position as President of the Council and Councilwoman Linda Talbott was elected as Vice-President of the Council second in line for mayor should something prevent Mayor Haeder from executing his duties as Mayor before April of 2020.

Agenda Item #7 – Signatures Council voted to place the following individuals as signatories for the bank accounts and access to safe deposit boxes in the name of Alcester City. Signers are listed as Mayor Dan Haeder, Council President David Larsen, Finance Officer Patricia Jurrens and Finance officer employee Wanda Halverson.

Agenda Item #8 – AMKO-Mark DeRaney Bond Issue

Mr. DeRaney has been working on the refinance of the water bond. A Resolution (2020-07)was needed to set this refinance in motion. In light of the recent changes in the economy it was determined that banks were no long as willing to finance bonds so Mr. DeRaney was working with underwriter D.A. Davidson, out of Des Moines, Iowa, and with Zions Bank Trust Corporation as payee which was required for the change-over process. The resolution needed to be amended to reflect the changes.

In addition to the publication of Resolution 2020-07, a special meeting was needed to complete the transaction. Special meeting was set up for June 19. 2020, at 1:00 p.m. in the Auditorium.

Agenda Item # 9 – ROCS transport -represented by Peter Smith. This agenda item was pushed back in the agenda line up due to the Planning and Zoning Hearing.

Agenda Item #12 – 7:00 p.m. -Planning and Zoning Hearing-(out of order) . It was determined an amendment was needed in Ordinance (2020-08) to create a planned development district which can write its own rules but cannot be an area smaller than a city block.   (Chapter 5)

Agenda Item #9- ROCS Transport continued. This is a transport service to provide rides to appoints and etc in town and out of town. It was mentioned the Care Center was no longer transporting residents to appointments.

Agenda Item #10 – Emergency Siren testing and repairs- Discussion and information was shared concerning our emergency siren system by Axel Ericson and Pat Kast. Discussion covered a weekly routine test at a specific time and day to keep batteries operational and find any problems before any emergency.

Agenda Item #11 – Input-

I shared input which dealt with inaccuracies in meeting minutes. Specifically the Finance Officer editorializing the minutes and not facts of the meeting. Specifically the reference to the issue/input regarding contract variance. She opined the conversation between Attorney Sam and myself did not have anything to do with Alcester. The contract variance dealt specifically with a seated councilman and the finance officer of Alcester which definitely deals with Alcester. I also advised the council that Hawarden pool is closed and Beresford pool will not be open until June 15, 2020, and then only to residents of Beresford and the Beresford School District. I also mentioned an issue with the cemetery and an employee of the city with regarding to a squirrel jumping from a Pine tree on the cemetery property and causing a power outage down Lincoln Drive. The employee was mowing with headphones on, failed to hear the explosion, failed to quit mowing when the Mid-American Tech was on scene discussing the situation with me even when he saw us standing next to the Utility Truck with a Boom.

A gentlemen who had just moved into town was questioning the zoning and asked how to get and who to get a building permit from. He also asked where he might find the building codes. It would have been nice to be able to tell him he could find all that information on our website, BUT we do not have a website—WHY?

Oh and lest we forget Mike Burkes, purchase Lots 5 and 6 in on Beck Drive (just behind to the north of Randy Heuer)in the Numsen Addition and their proposed S***House. This is a residential neighborhood and not business, storage or commercial. This edifice S***House was according to Mr. Burke too big for just one lot. Mr. Heuer those covenants which protected the value of your property are deemed null, care to argue that premise with those of us complaining the covenants are not void. You have more to lose than me.

Agenda Item #15 – Pool Updates- Yeah, there was a discussion concerning the interview of pool personnel. It came to light the pool committee was not notified of the interviews and were kept out of the interview by Finance Officer Patricia Jurrens. Once again she was interview employees without a bona-fide councilmember present. WOW talk about major over reach. FO Jurrens you are still not a councilmember, you are still not a city administrator, your are still just the city bookkeeper!

Agenda Item #16– Chief of Police- Discussion of hours, and over -time.

Agenda Item # 19-

Ordinance 2020-05 Clovid 19 derivative, amended by repeal of all but the mayor’s call to close down. Passed

Ordinance 2020-06 Two meetings per month-Passed 3 Ayes, 2 nays. Comment was made by Mayor Haeder about the length of meetings being the reason for the change to two regular meetings per month. I submit Mayor Haeder you set the agenda and you are in charge of what business comes before the council and how much time is spend on that business not Finance Officer Patricia Jurrens. Sir you control the length of the meeting, so in fact you do not need two regular meetings a month.

Agenda Item #20– Personnel Manual rewrite-Still in process. Department Heads, versus Committee versus Supervisors exercise in semantics. Additional discussion of Overtime for police Department which is exempt from Overtime versus Administrative Exempt from Overtime. Sam indicates that FLSA (Fair Labor Standards Act is not applicable to Alcester. We better make it applicable or we will not be able to maintain a decent police department.

Agenda Item #21- Finance Office- Warrants dealt with. Notice the Finance Office was undergoing an Analytical Review. Rent for city offices at the old school will be in exchange for law care paid by city.

Agenda Item #26 – Adjourn at 9:32 p.m.

05/18/2020 A Voice From the Gallery

“THE SECRET OF FREEDOM LIES IN EDUCATING PEOPLE WHEREAS THE SECRET OF TYRANNY IS IN KEEPING THEM IGNORANT”.

Maximillien Robespierre

 President of the Alcester City Council (mayor pro tem) David Larsen called the Special Meeting of the Alcester City Council to order at 6:00 p.m. with the following council members present; Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman David Larsen, Councilwoman Darla Reppe, Councilman Dan Haeder and Alcester City Attorney Sam Nelson seated at the council table.

The Pledge of Allegiance was recited by the council and gallery.

Upon the completion of the pledge recitation and immediately prior to the call for approval of the agenda, I called ‘point of order’. I chose this method because Finance Officer Patricia Jurrens placed Input as Agenda Item #8 well behind any opportunity to point out errors in her agenda. I addressed the error of announcing in Agenda Item #4 Mayor and Ward II vacancy under subsection (a) was a motion to approve the appointment of Dan Haeder as mayor and I pointed out that this move had the effect of shutting out the voters of Alcester as well as the council who were unaware of proper procedure and were being ask to take Finance Officer Patricia Jurrens legal opinion on this. South Dakota Statute SDCL 9-9-8. Absence of sickness of mayor-Acting President-Acting mayor and SDCL 9-13-14.1, 9-13-14.2 and 9-12-14.3 deals with this issue as well as the 2014 Supplement 2.575 Vacancies in the SDML publication. In addition to the error of Agenda Item #4, Agenda Item #5 dealt with announcing the vacancy of Ward II and Ward III. At this point I asked Councilwoman Darla Reppe if she was vacating her seat on the council, she answered, “no she was not” which left Councilman Dan Haeder’s newly (shoot the shine was barely off the Ward III seat) appointed seat up for grabs. But according to statute, if the council appoints a sitting ‘brother’ councilman as mayor–he takes on all the duties of mayor pro tem until the next election and retains his vote as Ward III representative unless it creates a conflict and he must abstain. Kind of a complicated thing to grasp.

A spirited conversation ensued as you can witness in the video. Upon the conclusion of the discussion the motion was made to approve the agenda with agenda items #4 and #5 deleted from the agenda with 4 ayes and 1 nay. Agenda Items #4 and #5 were deleted.

Agenda Item #6– Signatures was called to allow Councilman David Larsen and Councilman Dan Haeder to power of signature with the bank.

Agenda Item #7-Credit Card Charge Limit to be raised and one additional card holder to be added for a grand total of $5,500.00.   Now folks it seems $5,500.00 is out-of-line for emergency purchases. In fact I have been advised that $5,500.00 is excessive for emergency purposes for a city credit card. I agree. If you ever get an opportunity (IF) to view warrants of finance office purchases, instead of going down Alice’s rabbit hole you will enter the cluttered closet of our recycler of discarded households.

Agenda Item #8-Public Input- Now folks in the interests of open meetings and the public right of input on any business before the council the agenda item of public input is usually at numeral placement of item 3 or 4 to keep the meeting open to the public and not force them to stay in meeting ’til 9:00 p.m. and then the input is rushed ’cause the council is ‘tired’ and want to go home.

I did ask who all had access to city credit cards at varying amounts–Answer to name a few- Finance Officer Pat, Ass’t Finance Officer Wanda, Dale, Lonnie, Chief Christie, with the most recent addition of the librarian.

Agenda Item #9 – Swimming pool- The discussion should we or shouldn’t we open the pool and how do we handle it. Do we have enough personnel and so forth? Who is going to do the cleaning and how often. Dudes have ya ever seen the wipe down frequency of a doctor’s office? I can assure you the nurse does not hand you a wet wipe and tell you to wipe the exam table down, much less have a lifeguard tell a ten year old that once he/she has wiped their derriere to pull out a wet wipe ‘n’ wipe the toilet seat down A-N-D then wash their hands?

From the sounds of the discussion the pool may or may not be open.  One caution, if one placards a known danger and yet opens the danger to the public, who gets sued jointly and severally?   Sioux Falls has closed their pools, hint, hint, hint!

Agenda Item #10 Golf Course Clubhouse Manager- Wait did we not just hire a clubhouse manager? Yup and now we are at it again. Oh but wait to you hear. We had a committee of three council members who over-see and keep track of the arm of the city which involves the golf course. Now the agenda item is described as motion to hire Michael Croy. First question was from Councilwoman Talbott and to the effect what happened to the most recent club house hire? Answer, that person is no longer there. Really? Okay but the problem is that Councilwoman Talbott was one of the committee. H-m-m Then comes the question, when is the interview,   Answer? Yup you guessed it. The interview already had happened WITHOUT Councilwoman Talbott. Next question from Councilwoman Talbott, why didn’t you let me know? No answer. W-O-W Last question who did the interview? Are ya ready?—–-why Councilman David Larsen and Finance Officer Patricia Jurrens! Really the town bookkeeper? Alcester Bookkeeper Jurrens has no authority and it appears she FAILED to notify at least one council member who did have the authority. Talk about getting run off the road and then bookkeeper Patricia drove her bus over the real councilwoman. Are we really going to put up with her over reach?

Agenda Item # 11 Legal Updates- Ordinance 2020-06 (amendment) First Reading

Agenda Item # 12 Planning and Zoning – Notice of amendment of district, Notice of hearing for public input schedule for 7:00 p.m.

No Executive sessions

Agenda Item #14-adjournment 7:11 p.m. Meeting adjourned

NOTE from the quote above and the secret of freedom, it seems a whole lot of tyranny is goin’ on.

*Update as of yesterday 05/18/2020 and my check in with SD DCI the election violation case is still alive.

 

Tyranny is defined as that which is legal for the government but illegal for citizenry.

Thomas Jefferson

05/15/2020 A Voice From the Gallery

Folks, we have no mayor. 

 

Check out what the plan is for Monday!

lookee, lookee all the amendings and revisions.

 

Input has been placed where the public cannot speak on whether they want a special election for mayor and Ward II council person and not an appointment done under the table! 

NOTE the decision has already been made in secret by author of agenda.

Agenda Item #4 a) , motion to approve the appointment of Dan Haeder for Mayor until next election.  This was done in secret, no open session!

 

Agenda Item #12 Amend Ordinance?  So Amend the height of the contract variance Again?

 

COME TO THE MEETING 

 

 

LET YOUR VOICES BE HEARD!

05/13/2020 A Voice From the Gallery

As I understand it, after the May 4, 2020, city council meeting Mayor Tom Glas resigned as mayor.  By the way it is not official until the council VOTES to accept his resignation!

This left the newly elected president councilmember David Larsen of the council as mayor pro tem to perform the duties of mayor until a new mayor may be appointed or elected.

Folks the city has the option of appointing a mayor or having a special election. I urge the residents of Alcester to insist upon a special election to fill the positions of Ward II council position and Mayoral position with an emphasis let the people decide.

I CALL FOR A SPECIAL ELECTION!

NO APPOINTMENT!

A SPECIAL ELECTION!

 Unfortunately the council has not distinguished itself when considering variances, appointments and spending money. It has been argued that special election costs have not been included in the city budget-that the city cannot afford an election.  THE CITY CANNOT AFFORD NOT TO HAVE AN ELECTION. If Finance Officer Jurrens can scrape up money for a police building caused by Mayor Tom Glas and the council not having the foresight of no place for the Police Department before selling the PD Office out from under our police force and other non-budget items, I am confident money can be found for an election.

LET’S SEE PAST PERFORMANCE:

  • Councilwoman Patricia Jurrens/Finance Officer “wanted” Beck Drive, she found non-budget money for that.
  • Finance Officer Patricia “wanted” over-time for her appointive position as Finance Officer, she found non-budget money for that. Of course not the secret desk drawer, dollar diary, non-compliant, non-approved overtime $28K +/- for which she was hoping but $4880. +/-. The mayor/city council had to approve on paper any over-time or comp time, didn’t happen. I asked for FOIA and was told these approvals did not exist. Mayor Glas FAILED his duty, and the council voted (against city ordinance) to approve a non-approval of over-time rated payment demanded by Alcester City Finance Officer Patricia Jurrens while she actively worked against over-time/comp time request of police chief Chris Doty using the argument he was not eligible for over-time or comp time.
  • Mayor Glas allowed Finance Officer Patricia Jurrens to attend non-Finance Office functions on city time at tax payer expense. Glas allowed Finance Officer Patricia Jurrens to campaign during finance office hours at the Commercial Club/Chamber of Commerce meeting, Community Building meetings, hold birthday parties at the local club house of which it is my understanding she was not a paying member of the golf club, allowed Finance Officer Patricia Jurrens to circulate through Anderson Drive residents with the City Council Member Lance Johnson to obtain a Contract for Variance and attend a meeting (video admission) with Michael McGill to get an opinion on covenants in the Anderson Drive section of Numsen Addition at the suggestion of Mr. Tom Frieberg who had a conflict of interest.
  • Said Contract for Variance (contract for variance is illegal) had an objection by Vickie Larsen and which a named partner, Larry Nelson had argued against a variance in Hamerly v. city of Lennox which the Hamerly’s objected to the construction of a garage (non-conforming) building to be built in a residential neighborhood.
  • Then there are the election violations perpetrated by Finance Officer Patricia Jurrens and she was not furloughed/terminated by Glas or the Council.
  • Finance Officer Patricia Jurrens found money for FDR (Full Depth Reclamation) which was a predictable (according to a road construction business owner) miserable flop and cost the residents street repair money through street maintenance tax.

These are just a few instances where the Finance Officer over-reached her position and violated city law.

There are people who have witnessed the illegal antics of Patricia Jurrens, please come forward complain. Let me know (vickielarsen98@gmail.com). I have taken a public stand, I will continue to take a public stand but I need support since I have been repeatedly denied placement on the council.

There is a meeting Monday, May 18, 2020, at 6:00 p.m. in the city auditorium. Come see and hear for yourselves. Let your voices be heard.

The city is waffling on closing the pool due to the pandemic. It is your children, your parents and grandparents who are at risk. It is our life-guards and city employees who are at risk because some of the council think we need to keep the pool open. That we need to keep the kiddies occupied, do you really want to risk your children to be occupied (if they are lucky) with just plain breathing with a vent in a hospital?

PUSH BACK FROM APPOINTMENT OF MAYOR AND COUNCILPERSON BY THE EXISTING COUNCIL TO A FULL BLOWN ELECTION BY THE PEOPLE FOR THE PEOPLE.*

 

 

*the Finance Office cannot be involved in going to the Care Center to ‘help’ fill out absentee applications or ballots—it is deemed a conflict by SDML