02/19/2018 A Voice from the Gallery

 

I begin with an apology to my readers and Alcester Councilwoman Kay for my error in name reporting in January 16, 2018, article of A View From the Gallery. The newly seated Alcester Municipal Ward I Councilwoman is Melissa (not Amanda) Kay.  I also, want to apologise for the delay in getting this article posted.  I wanted to make sure of my facts with Foia and with the video.  Especially note the comment by councilman Lance Johnson about how his new seat at the Mayor’s left hand makes him more talkative, the ‘explanation’ by Pat regarding her morning trip with Mayor Glas’ January 9th visit with Chuck Haugland and Finance Office employee Wanda Halverson’s off agenda input just before adjournment that was not city business.

The February 5, 2018, regular meeting of the Alcester City Council was not formally called to order. Mayor Tom Glas looked at the clock and stated, “it’s 6:00 time to get started,” (video :09) with Council members Lance Johnson, Melissa Kay, Dan Haeder, Julia Sundstrom-Lyle, David Larsen, and Darla Reppe present. Also seated at the council table was Beresford attorney Tom Frieberg. In addition Assistant Finance employee Wanda Halverson, Alcester City employee Lonnie Johnson and Vickie Larsen were present in the gallery.

After the recital of the Pledge of Allegiance, Mayor Glas called for Agenda Approval at which point Alcester Finance Officer Jurrens stated the agenda needed to have a question addition of a one-time burn added to the Golf Course agenda item. Councilman Lance Johnson moved to approve the agenda with the one-time burn question added to the agenda. Second came from Councilwoman Sundstrom-Lyle, with no additional discussion the group voted unanimous aye.

January 8, 2018, minutes approval was called and again Finance Officer Jurrens (video 01:34) admitted her error in recording the minutes and a correcting amendment would be needed. She stated Councilman David Larsen left the meeting at 8:10 p.m. but she included him in subsequent votes. Upon Jurrens revelation Councilman Dan Haeder made the motion to approve the January 8, 2018, minutes as corrected, Councilwoman Reppe seconded the motion and with no further discussion the group voted unanimously aye (times 6).

Public Input was called—no public input.

Agenda Item #6b- Retainer Agreement called. In the January 8, 2018, regular council meeting Councilman David Larsen moved to accept the City Attorney Retainer agreement of which all council members had a true and complete copy and Councilwoman Reppe seconded the motion. Councilwoman Melissa Kay asked a couple questions regarding the retainer agreement history and with no further discussion by council members, the question was called with a unanimous (times 6) approval of the retainer agreement between the City of Alcester and Charles Haugland of Gubbrud, Haugland and Gillespie.

Now February 5, 2018, the Alcester City Council is terminating the Retainer Agreement with Alcester City Attorney Charles Haugland. During the February 5, 2018, meeting discussion and prior to Councilman Lance Johnson’s motion to terminate the retainer agreement with Gubbrud, Haugland and Gillespie, Finance Officer Par Jurrens took the floor to comment, (video 02:51)”…after the January meeting (January 9, 2018) Mayor Tom and I (FO Jurrens) went down to the law office to… garbled and inaudible…to notify (Chuck) the council decided it was time for a change in city attorney…”, to which Chuck responded per Finance Officer Pat Jurren’s account, “…he (Chuck Haugland) was done with legal services as of December 31, 2017…” and which Mr. Haugland confirmed with a letter of resignation to the City of Alcester on January 16, 2018.

REALLY?

In the January 8, 2018, regular meeting the Council unanimously (times 6) approved the 2018 retainer agreement with the addition of language in item 15, page 3, “…This agreement contains the entire agreement between the parties may not be changed orally but by agreement in writing and can be terminated by the City or attorney at will upon thirty days written notice to the other party…” between the City of Alcester and Gubbrud, Haugland and Gillespie. NO DISCUSSION Councilman Lance Johnson, Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Julia Sundstrom-Lyle and Councilwoman Melissa Kay ALL voted aye making the decision unanimous.

“…On January 9, 2018, Tuesday morning after the Monday night regular meeting in which the council voted unanimously to approve the retainer with no discussion, Finance Officer Pat Jurrens and Mayor ‘Tom’ visited Mr. Haugland’s law office telling him, “…the City Council felt that it was “time for a change” concerning the retention of our law office and me in particular as City Attorney for the City of Alcester…there was no other reason stated…and the City intended to retain Tom Frieberg of Frieberg, Nelson & Ask of Beresford, SD as the new City Attorney for the City of Alcester…”  (Letter of Resignation from Charles Haugland)  January 16, 2018, page 1.

WHAT?

Folks the council voted unanimously, Monday, January 8, 2018, and entered into a ratified, binding, good faith agreement. But, wait! On Tuesday, January 9, 2018, less than twenty-four hours later, Finance Officer Pat Jurrens and Mayor Tom are hot-footing it down to Chuck’s office to tell him, “the council decided it’s time for a change (in representation)!”

WOW! The council decided it’s time for a change less than 24 hours after they voted unanimously to approve the retainer agreement?

There was no discussion or concerns brought by the council after the unanimous approval! None, zip, nada. I was present in the meeting until the January meeting was adjourned and council members left the council building. The council made no such decision, January 8, 2018!

February 16, 2018, when I picked-up the FOIA copies I requested on February 7, 2018, I asked Finance Officer Pat Jurrens, “Is it true Alcester Councilman Lance Johnson didn’t want Chuck talking to residents of Alcester about (non-confidential) city business and if he did he speak to an Alcester resident about city business he was to notify the city in advance and have Finance Officer Jurrens present?”   Finance Officer Jurrens replied, “Yes, it was discussed a year ago and the rest of the council was present, too.”  History of this, about a year ago a Alcester Resident Peter Larsen and Alcester City Attorney spoke concerning issues arising out of the Larsen’s lost water bill, a letter from the city by Finance Officer Pat Jurrens who flatly refused to supply the Larsens (who routinely paid their water bill a year in advance) with monthly statements and in which Alcester City Attorney Charles Haugland was courtesy copied. Mr. Larsen went to the city office during regular business hours, found the office dark, locked up with no one there. Mr. Larsen then went to the Law office to discuss the contents of the letter from Finance Officer Jurrens with Alcester City Attorney, which resulted in a letter from Mr. Haugland to Mayor Glas, Finance Officer Pat Jurrens and council members affirming Mr. Larsen’s position. On another occasion when Mr. Haugland was looking for documentation from former Alcester Mayor Peter Larsen about the 911 lawsuit against the city and Mr. Haugland and I had a brief conversation on the sidewalk in front of the law office, after which Alcester City Councilman Lance Johnson threw a ‘hissie-fit’ about the city paying for free legal advice to the Larsens.

Astounded with Finance Officer Jurrens answer I asked, “Was there a meeting on January 9th, 2018 (for council discussion of legal representation changes)? Finance Officer Jurrens replied, “no”. I asked, “when did the council decide they needed a change in representation?” Finance Officer Jurrens replied, “in the February meeting.” Puzzled about the timing I asked, “so the council had no special meeting to discuss changes in legal representation on January 9, 2018?” Finance Officer Jurrens replied, “No, but Mayor Tom and I did not want to blind-side Chuck at the February meeting, so we decided to talk to him.” I asked, “why did the council sign the 2018 retainer document in January?” Finance Officer Jurrens replied, “Well, we still needed representation until the February meeting.”        Dear Sweet Calamity Jane, Mayor “Tom” and Finance Officer Jurrens took it upon themselves to improperly terminate the duly approved and signed retainer agreement (on January 9, 2018) on their own initiative without the knowledge, notification and ratification of the Alcester City Council in the guise of representing the city council!

WHAT THE DEVIL IS GOING ON?

As I listened and witnessed the Great Gypsy Switch perpetrated by Mayor Tom Glas and Finance Officer Pat Jurrens on the Alcester City Council and the residents of Alcester in the February 5, 2018, city council meeting as they related to the duly approved Retainer agreement between Mr. Haugland and the City of Alcester, it became clear I needed to interview Mr. Haugland. I met with Mr. Haugland on February 13, 2018, for the purposes to interview and explore Mr. Haugland’s reaction to Mayor Glas and Finance Officer Jurrens unorthodox behaviors and proclamations.

Upon graduation Mr. Haugland came to Alcester in June of 1975, joining in the law practice with Mr. John Gubbrud. From that time forward, Mr. Haugland and the law firm (under its various names) has been the attorney of record, representing in good stead the City of Alcester and it’s Council. Mr. Haugland has represented the City of Alcester at a reduced, nominal fee during those years. Mr. Haugland felt the difference between the reduced retainer fee extended to the City of Alcester and the customary legal fees charged by law firms in the surrounding area a loyalty contribution to the community. The 2018 signed, approved, ratified Retainer agreement between the City of Alcester and Charles Haugland, Gubbrud, Haugland and Gillespie provided for the hourly rate of $105.00 per hour.

TAKE NOTE: Compare the new retainer agreement with Tom Frieberg, Frieberg, Nelson and Ask of Beresford for the hourly rate of $150.00 per hour (Tom Frieberg) and $125.00 per hour (Sam Nelson) including mileage for attendance of one regular meeting per month.

So Alcester City Council members when did you make the decision for “a change” between 6:00 p.m. January 8, 2018, when ya’ll voted unanimously access the 2018 Retainer with Mr. Haugland and the following, Tuesday morning when Finance Officer Jurrens and Mayor ‘Tom’ went to the law office to announce a decision of which ya’ll had no knowledge?

Agenda Item #6d-Retainer Agreement called motion to approve 2018 Retainer Agreement. Alcester City Councilman Dan Haeder moved to accept the 2018 Retainer Agreement with Frieberg, Nelson and Ask of Beresford, SD, Councilman Lance Johnson seconded the motion and with no discussion the vote was called with 4 ayes (Councilmen Haeder, Larsen, Johnson and Councilwoman Sundstrom-Lyle) and 2 abstentions (Councilwomen Reppe and Kay). The motion passed.

Note: the above document provided to Frieberg, Nelson and Ask by Alcester city, obviously not authored by Gubbrud, Haugland and Gillespie begs the question who did author this cobbled document? Could it be the same PRJ who couldn’t get the date right on a legal instrument? I don’t think PRJ stands for Pruned Raspberry Jammed up and Jelly wrong! Is the city bookkeeper now authoring legal documents?

Agenda Item #7a-Legal Updates -Mayor Glas called for motion to approve the 2018 Equipment Bond Resolution. Councilman David Larsen moved to approve the 2018 Equipment Bond Resolution, second came from Councilwoman Darla Reppe, no discussion with the council voting unanimous times 6 aye. Motion passed for the resolution not to exceed $230K

Agenda Item #14a- City Employee Updates -Approve Warrants. In the list of warrants Finance Officer Jurrens included legal fees for Gubbrud, Haugland, & Gillespie in the amount of $1755.75. According to my sources the problem with this warrant was these fees were two separate billing cycles which were lumped together as has apparently been Finance Officer Jurrens’ practice. This Finance Officer’s failure to distinguish, report and publish accurately two billing cycles from one billing cycle, implies the $1755.75 legal fee amount was a single billing cycle and the city was paying exorbitant legal fees to Mr. Haugland.

Agenda Item #14(e)(II)-Meeting Watch-Allegedly at no cost to the city. This advertisement will give out the names and telephone numbers of the city council members in a weekly ad. So why couldn’t this be handled in the city website? Oh that’s right, then Finance Officer Jurrens would have to post city records. Why give out personal telephone numbers of the council, why not assign the council members an e-mail.city address which would be separate from their personal or business email?

Tom Frieberg left the meeting at 7:11 p.m.

Agenda Item #14(f)(I)-Executive session called for personnel (again). Councilman Lance Johnson moved to go into executive session for personnel, Councilman Dave Larsen seconded the motion, no discussion, vote times 6 ayes, council in executive session at 7:20 p.m. with Finance Officer Pat Jurrens stating she wanted Wanda in the session. At 7:41 p.m. the council was called back into open session with no action taken in open meeting.

Agenda Item #19-Executive session if need, none.

However Finance office Employee Wanda Halverson asked (video 01:28:11) to submit public input. She was present when public input was called but failed to respond. H-m-m! Ms. Halverson wanted the council to donate the change from their checks to the fundraiser at the school.  City business?

Agenda Item #20– Adjournment. Councilman Lance Johnson moved to adjourn, Councilwoman Darla Reppe seconded the motion, no discussion with the vote times 6 unanimous ayes to adjourn. Council adjourned at 7:55 p.m.

01/16/2018 A Voice From the Gallery

The January 8, 2018, regular meeting of the Alcester City Council was called to order at 6:00 p.m. by Mayor Tom Glas with Council members Dan Haeder, Julia Sundstrom-Lyle, Lance Johnson, Darla Reppe and David Larsen present.  Also present was Alcester City Attorney Chuck Haugland.

(Prior to the opening of the Alcester City Council, I (Vickie Larsen) placed copies of my explanation of equipment purchases along with the figures, computations and loan calculator I used to come to the amount of “…Alcester City Council have spent almost $500,000.00 on equipment purchases through loans which debt service coverage obligation is from Alcester’s municipal second penny sales tax[1]…” which Alcester City Finance Officer Pat Jurrens requested for the council)

The council approved the agenda without change (Note:  Public Input was positioned as agenda item number six prior to any financing discussion, also copies of materials provided to the city council were provided with which the gallery could follow along during the meeting) and the council approved the minutes of the December 4, 2017, regular meeting, the December 21, 2017, special meeting and the December 29, 2017, special meeting without change or discussion.  It is to be noted here, that Councilwoman Julia Sundstrom-Lyle upon the call for motion, asked the council if they knew of any changes to the minutes of the above mentioned meetings and receiving no additions or changes moved to approve the minutes as written.  Councilwoman Darla Reppe seconded the motion, with no further discussion the group voted unanimously to approve the minutes as written.

Agenda Item 5 was called with Councilman Lance Johnson moving to go into Executive session to conduct interviews of candidates for the Ward I vacancy.  Councilman David Larsen seconded the motion, with no discussion the group voted five unanimous yea votes to close the session to discuss and interview Ward I candidates.  Council in Executive session at 6:02 p.m. and the gallery removed to the hallway and the council room door was closed with the following remaining in closed session:  Mayor Tom Glas, Alcester City Attorney Chuck Haugland, Councilmen Lance Johnson, Dan Haeder, David Larsen, Councilwomen Julia Sundstrom-Lyle, Darla Reppe and Alcester City Finance Officer Pat Jurrens.

At 6:06 p.m. Alcester City Attorney Chuck Haugland came out of the room and at 6:08 p.m., sole Ward I candidate (Melissa*)Amanda Kay entered into Executive Session to be interviewed for the Ward I vacancy.  At 6:18 p.m. Mayor Glass declared the council out of Executive Session.

Once back in open session, Councilman Lance Johnson moved to appoint (Melissa*)Amanda Kay to the vacant Ward I seat with Councilman David Larsen seconding the motion.  With no discussion, the council voted four (4) to one (1) to accept the appointment of Amanda Kay to the vacant Ward I seat.  Councilwoman Julia Sundstromm-Lyle abstained from the vote.  Alcester City Attorney Chuck Haugland administered the oath office to Ms. Kay and upon administration of the oath, Alcester Ward I Councilwoman (Melissa*)Amanda Kay took her seat.

Agenda Item-Public Input was called and I responded directing the council to the figures I had provided to them before the meeting.  With no further public input the council moved down the agenda.

ALCESTER EQUIPMENT FINANCE

 

Under the 2018 Equipment Bond, the council did not yet have the physical resolution from Todd Meierhenry and upon advice from legal counsel the city council should not enact without the resolution document present, took no action.  There was a brief comment, the bond should not exceed $270K.  This resolution can be referred 20 days after publication.

Agenda Item Southeastern Plat map was called and was noted the Plat Map action needed to be in the form of a resolution.  Alcester City Councilman Dan Haeder was appointed to be the Planning Director (by Pat Jurrens)?  Finance Officer Pat Jurrens made the comment that, “…(she)chose Dan as President of Council…when Glas is not there…” Apparently Southeastern directors are selling off the Southeastern Electric Cooperative’s Managers House.  Councilman Dan Haeder moved to approve the Plat map plus/minus 1 acre, with the second coming from Councilwoman Darla Reppe, upon no discussion the council voted unanimously to approve the Plat Map.

Agenda item- Austin Schuller agreement was called.  Alcester City Attorney Chuck Haugland stated he had received no response from Austin’s attorney David Stewart concerning Mr. Haugland’s modifications to the contract.  Austin Schuller was present but City Attorney Haugland had ethics concerns and was reluctant to proceed without Austins legal representative present.  Austin stated he had a December 1, 2017, email in which his attorney had approved Mr. Haugland’s modifications to Austin’s academy sponsorship agreement.  Mr. Schuller forwarded his attorney’s December 1, 2047, email and upon receipt of that email the council elected to go ahead.  Alcester City Councilman David Larsen moved to approve the amended sponsorship agreement with Austin Schuller, second from Councilwoman Julia Sundstrom-Lyle and with no further discussion the council voted unanimously (X6) to approve.

Agenda item-Retainer Agreement with Chuck Haugland.  Mr. Haugland of Gubbrud, Haugland and Gillespie has provided legal services to the city of Alcester for a modest retainer fee.  In the past years retainers, Mr. Haugland’s retainer fee has increased by only $5/hour with a dialed back minimum of one hour.  As recently as the October 3, 2017, regular meeting of the Alcester City Council,  Mayor Glas, Finance Officer Jurrens and Councilman Lance Johnson insisted that City Attorney Haugland was not to read or talk to me (A Voice from the Gallery or Vickie Larsen) and charge the city  “…The motion was made by Councilman Dan Haeder to approve the August legal warrant hold back of $52.50 and the September legal warrant hold back of $63.00 with no further legal time charged for reading A Voice from the Gallery blog, Second came from Councilman David Larsen.  Once again no discussion with an unanimous aye vote… ”    Mr. Haugland added a provision “…30 day notice to fire or Mr. Haugland to quit…”  Councilman Larsen moved to approve the City Attorney Haugland’s retainer agreement, Councilwoman Reppe seconded the motion to approve, with questions from Councilwoman Kay the group voted unanimously (X6) to approve Mr. Haugland’s retainer agreement.

The group also approved the Alcester Union and Hudsonite as the official newspaper and Premier Bank (formerly the State Bank of Alcester) as the official bank.

Employee updates included dump truck and chip sealing contracts.  Chip sealing contracts were discussed along with the amount of chip seal needed and the extension of the bid deadline.  The dump truck was once again discussed with comments from Councilman Lance Johnson and Mayor Glas as “…repair dump truck, no matter what!…hire and rent(Lance Johnson)…spent an awful lot of money (Mayor Glas)…with the group coming to the consensus of no action.

Alcester City Attorney Chuck Haugland was dismissed by Mayor Glas right on schedule at 7:05 p.m.

Police Department update.  Alcester council has approved hiring two part-time officers.  Fernando Claren of the Dunes was hired on at $14.00/hour and will need training and certification.  Anthony Garcia who is certified from Madison, SD at $15.00/hour.

Finance Office agenda item to approve warrants.  Approved as presented.    Next agenda item was coyotes.  Evidently the state folks will only trap if the coyotes are doing damage and as explained to the state, Alcester landfill coyotes have not committed damage as the state defines it.  Why do anything?  Permission was given to Nick Day who was recommended by the SD state trapper to snare in the fence line and trap at the sewage beds.  Motion was made by Councilwoman Darla Reppe, second from Councilman Dan Haeder and with no discussion the group voted 4 yea; Lance Johnson, Dan Haeder, Darla Reppe and David Larsen, 1 nay; Julia Sundstrom-Lyle and 1 abstain; (Melissa*)Amanda Kay.

Agenda Item 2018 Municipal election:  Five vacancies on the council of six:  Ward I-Julia Sundstrom-Lyle, Ward I-(Melissa*)Amanda Kay, Ward II-David Larsen, Ward III-Lance Johnson and Ward III-Darla Reppe.

March 26, 2018, voter registration.  Petitions taken out 01/26/2018 and signed returned Petitions due February 23, 2018, 15 signatures needed extra signatures advised in case of disqualifications.  April 10, 2018, election day.

Agenda item #15(e)(1) Resolution of 2018 Alcester city Fees-  Motion by Councilman Johnson, second from Councilwoman Reppe, with no discussion and vote of five (5) yeas; Johnson, Reppe, Haeder, Larsen, Sundstro-Lyle with one (1) abstain (Melissa*) Amanda Kay.

Agenda Item 2018 Salaries and Contracts-  Motion for Executive Session by Councilwoman Reppe, second from Councilman Johnson, no discussion, vote unanimous.  Council in Executive session at 7:33 p.m.  Council declared out of Executive session at 7:45 p.m.

Councilman Larsen moved to approve the Wages and Salaries, seconded by Councilman Johnson, no discussion with five (5) yea votes and one (1) abstain.  Councilman Larsen moved to go into Executive session to discuss contracts, with the second from Councilwoman Julia Sundstrom-Lyle, no discussion with unanimous vote of six (6) yeas.  Council went into Executive session at 7:50 p.m. without the presence of Finance Officer Pat Jurrens, and declared out of Executive session at 8:07 p.m.  At 8:10 p.m. Alcester City Councilman David Larsen left the meeting.

Agenda item 17 HRC-Mayor Glas broached the subject of selling the Four-plex on Lee Drive (piece meal-my term not Glas’).  Mayor Glas proposed the idea of selling each separate apartment much like a condominium. No further discussion or action taken.

No community building update*

Councilman Lance Johnson made the motion to adjourn, Councilwoman Julia Sundstrom-Lyle seconded the motion, no discussion and approved with five yea votes.  Meeting adjourn approximately 8:23 p.m.

 

Note  A couple of days after the January 8, 2018, meeting I was told of a meeting which took place on Tuesday, January 9, 2018, in which one attendee was Alcester Finance Officer Pat Jurrens in which there was an alleged discussion and an alleged approval of building a new Golf  Club House based upon a donation.  On Thursday, January 11, 2018, I visited with Finance Officer Jurrens questioning the alleged meeting upon which I was told that, “…there was no city council meeting but a planning meeting…”  H-m-m!

* I erred in reporting the name of the Ward I candidate and ultimately seated council member.  The newly seated Alcester City Councilwoman from Ward I is Melissa Kay not Amanda Kay as I indicated in this piece.  My apologies to Councilwoman Kay and to my readers.

[1] Vickie Larsen Complaint to Office of Legislative Audit, December 19, 2017, p 7.

12/31/2017 A Voice From the Gallery

Mayor Tom Glas called the December 29, 2017, special meeting of the Alcester City Council to order at 7:00 a.m. with Councilwoman Darla Reppe, Councilwoman Julia Sundstrom-Lyle, Councilman Dan Haeder, Councilman Lance Johnson present and Councilman David Larsen via telephone and Vickie Larsen in the gallery after which the group recited the Pledge of Allegiance.  City Attorney Chuck Haugland was not present.

This meeting was necessitated because Mayor Glas and Finance Officer Jurrens did not know the difference between a Resolution and an Ordinance and obdurately neglected to seek a definition from the city legal counsel, Chuck Haugland.  Over the past year or two Mayor Glas and Finance Officer Jurrens apparently feel the city is paying out too much for legal advice.  It has been Mayor Glas’ practice to excuse Mr. Haugland from city council meetings about an hour into the meeting while he (the mayor) wings the rest of the meeting on his and Finance Officer Jurrens’ own legal acumen, blithely allowing the council to make legally malinformed decisions.

Come to a meeting and see Mayor Glas clock-watch while Mr. Haugland is in the meeting. (maybe I can get it on tape)  Sadly the council accepts whatever Finance Officer Jurrens tells them regarding any agenda item, whether it lay within her scope of finance officer duties or not.  Many times when City Attorney Haugland is not present, the council gets an ‘explanation’ from Finance Officer Jurrens who has ‘talked’ to Mr. Haugland.  Now there is a theory in law called best evidence or best evidence rule which Black’s Dictionary describes as,

          “…Primary evidence, as distinguished from secondary;  original, as distinguished  from substitutionary…The original of a written instrument is itself always regarded as the primary or best possible evidence…a copy or the recollection of a witness, would be secondary evidence…”[1]

In other words Alcester City Attorney Chuck Haugland’s opinion  in person is the best evidence, not the recollections or translations of his and FO Pat’s conversations  presented to the council by Finance Officer Jurrens in Mr. Haugland’s absence.

The council ratified the motion to approve the agenda made by Councilwoman Darla Reppe, seconded by Councilman Dan Haeder, with no discussion and with a unanimous vote of five yeas.

The council went on to the second reading of the Supplemental Appropriation Ordinance 2017-12, with no changes or further discussion.  Upon Councilman David Larsen’s motion to approve, Councilman Lance Johnson’s second, the Alcester City Council ratified Supplemental Appropriation Ordinance 2017-12 with a five yea unanimous vote.

At this point Councilman Dan Haeder moved to forego the council and mayor’s meeting pay, Councilwoman Darla Reppe seconded the motion, and with the council’s unanimous vote the council agreed to forego pay for the December 29, 2017, special meeting.

Last item on the agenda was Executive Session.  Imagine that!  Immediately Councilman Lance Johnson piped up to say, “I want to discuss what I found out about equipment in executive session…”  I sat quietly watching Mayor Glas look toward Finance Officer Jurrens a couple of times before Finance Officer Jurrens told Councilman Lance well she needed know more information.  Then FO Pat with a couple other chiming voices responded we cannot go into executive session for equipment eliciting an immediate response from Councilman Lance Johnson, “…well then I move to go into executive session to discussion personnel.” (really transparent move there, Councilman Lance!)  At which point FO Pat provided him with the appropriated South Dakota Statute for personnel.   Councilwoman Darla Reppe seconded the motion, with no discussion the council with a unanimous vote of five yeas approved the move to closed session at 7:03 a.m.  As I exited the room, I stopped to point out to the council they could only discuss specific personnel and they could not discuss equipment or anything else.  I was called back into the council room.   As I entered the room, Mayor Tom Glas called the meeting out of executive session at 7:07 a.m.  Upon the Mayor’s declaration, Councilman Dan Haeder commented they would discuss the contract stuff in the January meeting.  The January regular Alcester city council meeting is scheduled for January 8*, 2018, at 6:00 p.m.

At this juncture Councilman Dan Haeder moved to adjourn, Councilwoman Julia Sundstrom-Lyle seconded the motion to adjourn, with no discussion the group voted five unanimous yeas to adjourn.

Meeting was adjourned at 7:08 a.m.

*Waiting for confirmation.  Confirmation received today, meeting is January 8, 2018, at 6:00 p.m.

[1] Henry , Campbell Black, Joseph Nolan and Jacqueline Nolan-Haley. “Best Evidence.” Black’s Law Dictionary with Pronunciations. Abridged Sixth Edition, Centennial Edition (1891-1991). St. Paul, MN: West Publishing Company, 1991. 110. Print.

12/30/2017 A Voice From the Gallery

12/30/2017 A Voice From the Gallery-Part II

    Issue

          Does Mayor Tom Glas and the Alcester City Council have the authority to ignore, disregard or flout city ordinance establishing a restrictive penny sales tax in order to purchase, direct and obligate second penny sales tax income toward  loans and payment of equipment not associated with Capital Improvement?

    History

          In or around 2005 Alcester City Councilmember with the aid of Alcester City Attorney Charles Haugland, authored, directed and provided for specific, restrictive language in a 2005 Ordinance (Exhibit A2)  establishing a second penny sales tax. Please note additional Exhibits A1 and A3 relating to Exhibit A2, during the same time period were included and provided to the South Dakota Department of Revenue (Sales Tax Division)

This ordinance was brought as the result of a community-wide assessment program organized and promoted by Alcester community leaders, Alcester civic groups and Alcester residents using the expertise of advisors from South Dakota State government, SECOG and South Dakota Municipal League.  This assessment established the need for imminent upgrades and future updates of Alcester infrastructure which include streets and underlying utilities, a new community building with upgraded, accessible city offices as well as other long term capital improvements in the city of Alcester to encourage growth of the community.  The concept behind the establishment of a restricted second penny sales tax provided for a long term interest bearing savings-type fund, consistent income for capital improvements eliminating the need for loans and the accompanying interest and fees involved with those loans.

As you can see from Exhibit A1, Alcester Ordinance 1984-3, amended August 21, 2003, was further amended as of August 1, 2005, to fully comply with South Dakota state law as suggested by South Dakota Municipal League (Exhibit A3).  On August 15, 2005, (Exhibit A2)  Ordinance 1984-3 with August 1, 2005, amendment was once again amended adding a restricted second penny sales tax to be specifically,   “…earmarked, set aside, and restricted to the funding of Capital Improvements…”.

Once this amendment was put into place, pre-determined amounts (I believe approximately $20,000.00 per annum upon motion by Alcester City Councilman and unanimously affirmed by the Council prior to 2011) of collected second penny sales tax funds were to be placed into a separate account specifically earmarked for the community building/city offices project.  In 2013-2014 the community building project account contained an aging balance of $30,000.00 derived from the restricted second penny sales tax.  Second penny sales tax moneys collected above and beyond the pre-determined annual contribution to the community building fund project were directed to capital improvements such as the Lincoln Drive repair from First street to Jefferson Drive, Lee Drive construction, and municipal golf course development.

Sometime in 2012-2013, Mayor Peter Larsen with City Attorney Charles Haugland, SECOG representative Toby Brown and council ordinance revision committee initiated a review of city ordinances for the express purpose to update, up-grade and institute new city ordinances to better reflect the direction Alcester city government and Alcester residents wanted to take the city.  This review continued until May of 2013 when Rick Johnson took over as mayor and a new revision committee was formed.

On June 2, 2014, a draft of revised municipal ordinances for the City of Alcester, South Dakota, was produced and prepared by the South Eastern Council of Governments.  Final Revised Municipal Ordinances for the City of Alcester, Ordinance 2014-2 was globally approved with an effective date of August 6, 2014.

Argument

          Since 2013 and more recently, Mayor Tom Glas and the city of Alcester have failed to appropriate and place the pre-determined annual contributions of second penny sales tax moneys for the community building into the special account.  In addition Mayor Glas and Finance Officer Jurrens have failed to follow the restrictions of the second penny sales tax as set out in the 2005-2006 ordinance in that they allowed non- capital improvement expenses to be paid out of the second penny sales tax.

The 2005 ordinance states (Exhibit A2),

“…The second one percent (1%) shall be earmarked, set aside, and restricted to the funding of Capital Improvements within and for the City of Alcester, Union county, South Dakota…”

           Prior to the December 4, 2017, regular Alcester City Council meeting, I spoke one-on-one telephonically with Alcester City Attorney Charles Haugland voicing my concerns the city was violating the 2005 second penny sales tax restriction.  On December 4, 2017, and before the meeting was called to order, I presented the council with copies of the August 15, 2005, ordinance which restricted the use of the second penny sales tax for any purpose other than Capital Improvements with that section highlighted.  In addition I provided a definition of Capital Improvement as follows,

“A capital improvement is defined by contract and varying state and federal laws, but generally is defined as a non-recurring expenditure or any expenditure for physical improvements, including costs for: acquisition of existing buildings, land, or interests in land; construction of new buildings or other structures, including additions and major alterations; construction of streets and highways or utility lines; acquisition of fixed equipment; landscaping; and similar expenditures. It may mean any change, alteration, rearrangement or addition to existing facilities. It is also new construction, acquisition or improvements to sites, buildings, or service systems.”[1]

Capital Improvement can have fixed equipment that is attached to the building/asset becoming realty but, should not be confused with capital equipment which among other definitions is mobile, not fixed to real property and produces a commodity.

When the Alcester City Council Agenda (Exhibit C1) item 6 (a)(ii)(a) and (b)-Equipment bond was called in the December 4, 2017, regular meeting, the council having read the document I provided them prior to the meeting discussed how the second penny sales tax restriction would affect the equipment bond.  Alcester Finance officer Pat Jurrens offered an opinion the equipment was capital improvement using the local accounting office as her legal source  after which Alcester City Attorney Charles Haugland specifically discussed how the revised 2014 municipal ordinances repealed the 2005 restrictive ordinance in 2014 ordinance revision under, Title 10, chapter 10.01 Municipal Sales and Service Tax and Use Tax, item 10.0102-Effective date,

“…From and after the first day of January, 2006, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by Two Percent (2%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of Alcester, Union County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto.”[2]

and under Title 11, Chapter 11.01 Penalties and Repealing Clause, item 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 ordinances either, modify, repeal, or amend such resolutions; and all such ordinances and resolutions shall remain in full force and effect…”[3] (Exhibit B1and B2)  

Upon the conclusion of  Mr. Haugland’s comments, I asked Mayor Glas for time to defend my stance.  Mayor Glas refused to allow me the floor for rebuttal saying, “I could make my remarks during my two minute Public Input time” to which I responded, “Public Input would be after the council vote on the equipment.”  Mayor Glas retorted, “We are talking city business!” and I responded to this comment, “I am taking city business!”  This is not the first time Mayor Glas has refused me agenda item access to discuss city business.  In fact, Mayor Glas moved Public Input from item number four or five to second to the last item before adjournment in response to my opinion and discussion of any agenda items which followed Public Input when it was still on the front end of the agenda. (Exhibit C1, C2 and C3)

In response to my remarks, the council decided to delay any action on using second penny sales tax to fund the equipment of a new pick up and a dump truck.   With all due respect to Alcester City Attorney Haugland, I respectfully disagree with his stance the Revised Municipal Ordinances, City of Alcester, South Dakota, Ordinance 2014-2, Effective date August 6, 2014, in Chapter 10.01, section 10.0102 repeals Section 2-Effective Date and Enactment of Tax, Ordinance 2005 dated August 15, 2005.

In the 2014-2 Revised Ordinances, section 10.0102 confirms and continues the two percent (2%) city sales tax on municipal retail occupational sales and service upon the privilege of engaging in business within the jurisdiction of the Municipality of Alcester and is silent and mute on any intended, specific repeal of previous restrictions placed upon the second penny sales tax.

Nor does the 2014-2 Revised Ordinances, section 11.0102 Conflicting Ordinances Repealed apply since 2014-2 is in agreement with the August 15, 2005, ordinance establishing a second penny sales tax.  In addition the 2014-2 Revised Ordinance further states,

“…that nothing herein shall be construed as repealing any special ordinances, appropriation ordinances…or special ordinances of like character…and all such ordinances and resolutions shall remain in full force and effect…”[4]

Section 2 of the August 15, 2005, (Exhibit A2) ordinance provides for a special restricted funding of Capital Improvements from the second penny sales tax which has the same effect as an appropriation ordinance for a specific purpose and can only be dispersed for Capital Improvements.  In addition and in line with statute, the motion made by the Alcester Councilman to set-aside approximately $20,000.00 per annum from the second penny sales tax to fund the construction of a community building was unanimously ratified by the Alcester City Council and remains in full force and effect as provided by the clause, “…special ordinances, appropriation ordinances…or special ordinances of like character…”

As a direct result of the Mayor and Finance Officer Jurren’s failure to follow Alcester City Ordinance as it relates to the second penny sales tax restrictive ordinance, the city has failed to maintain ordinance generated Capital Improvement funding causing a catastrophic shortfall in street maintenance.  As a direct, punitive result of this failure on the part of the city to follow ordinance, the city council has passed Resolution 2017-09 (Exhibit D) which allows the city to extort an annual maintenance fee for the repairs and maintenance of street surfaces of lots fronting and abutting a public street.

Conclusion

          Over the past months Alcester Mayor Tom Glas along with the Alcester City Council have spent almost $500,000.00 on equipment purchases through loans which debt service coverage obligation is from Alcester’s municipal second penny sales tax.

Based upon my research and reading of Alcester municipal ordinance, equipment purchases such as pick-up trucks, dump trucks, street sweepers and skid loaders cannot be funded in part or entirety from the restricted Alcester municipal second penny sales tax moneys.

It is my opinion Mayor Glas and Finance Officer Pat Jurrens have over-reached and violated Alcester’s Sales Tax ordinance, specifically but not limited to the Capital Improvement restriction placed upon the second penny sales tax.

I request the Office of Legislative Audit investigate this matter and based upon facts I have presented in this complaint, find the city has indeed violated its own sales tax ordinance.  I respectfully request the Office of Legislative Audit direct Mayor Glas and the City of Alcester cease all non-Capital Improvement purchases using the Alcester Municipal second penny restricted sales tax moneys as payment and void all past and present equipment payment obligations from the Alcester restricted second penny sales tax.

_____________________________

Vickie A. Larsen

[1] USLegal.com, definitions, USLegal.com/c/capital-improvement, 1997-2016

[2] Revised Municipal Ordinances City of Alcester, South Dakota, Ordinance No. 2014-2, August 6, 2014, Page 77, prepared by the South Eastern Council of Governments.

[3] Ibid., 79

[4] Ibid., 79

 

NOTE:  Exhibits have not been included

12/30/2017 A Voice From the Gallery

12/30/2017 A Voice From the Gallery-Part I

       Mayor Glas opened the December 21, 2017, special city council meeting with Alcester council members David Larsen, Lance Johnson, Julia Sundstrom-Lyle, Dan Haeder with the recitation of the pledge of allegiance at 5:00 p.m.  Councilwoman Darla Reppe arrived late due to confusion with the time of meeting start.

Prior to the meeting Vickie Larsen placed abridged copies of her Complaint to the Office of Legislative Audit at the seats of Mayor Glas, Councilman David Larsen, Councilwoman Julia Sundstrom-Lyle, Councilman Dan Haeder, Councilwoman Darla Reppe and Councilman Lance Johnson*  Since Alcester City Attorney Chuck Haugland was not present, a full copy was delivered to his office on December 22, 2017.

Councilman Lance Johnson moved to approve the agenda as presented with Councilwoman Julia Sundstrom-Lyle seconding the motion.  Councilman David Larsen having read the Complaint to the Office of Legislative Audit, began discussion with a request to add public input between agenda items #3 Agenda approval and #4 Equipment Bond because the council was proposing another large expenditure of money on equipment.  After a bit more discussion, Councilman Larsen moved to amend the Agenda with the addition of Public Input between Agenda Approval and Equipment purchase agenda items, Councilman Dan Haeder seconded the motion to amend and with no further discussion Council members, David Larsen, Dan Haeder, Julia Sundstrom-Lyle and Lance Johnson voted unanimously to amend the agenda and agenda placement.  The council went on to approve the agenda with the amendment attached with a unanimous vote of the quorum of four.

Public input was called and I responded to questions whether the Office of Legislative Audit had any authority of the Alcester City.  I replied yes, the Office of Legislative Audit did have authority.  I explained I visited with Alcester City Attorney Chuck Haugland prior to December 4, 2017, meeting to express my concerns after which discussion we agreed to disagree.  I then knew my options.  In the December 4, 2017, meeting I pointed out my belief the city had violated the restriction placed upon the second penny sales tax.  Mayor Glas and Finance Officer Pat Jurrens disagreed and were prepared to go forward obligating second penny sales tax income on yet more equipment.  So my course of action was already plotted as evidenced by my complaint.  I explained if they persisted in spending the second penny sales tax on equipment in defiance of the ordinance restriction and were found in error, the city would have to replace all moneys spent in violation and would have to come out of the general fund or the first penny sales tax.  The council conceded they should re-think the excessive (my term not theirs) equipment spending.

Agenda item-Equipment purchase was called.  Discussion was lively and the
most real discussion I have seen to date. The council began dissecting Mayor
Glas’s and Finance Officer Jurren’s plan for adding more financial stress to the
residents of the city. The council looked at delaying the pick-up truck purchase for
a year, they questioned the use for the dump truck and looked at other methods
they could implement to get the dump truck work done. By this time
Councilwoman Darla Reppe had arrived and she mentioned she had been
approached about the equipment spending specifically the ‘fancy’ police truck.
Councilman David Larsen asked the question, “…would the employees be upset
with delaying equipment purchases…” to which Councilman Lance Johnson
opined, “…we’ve spent a fortune for employees in the past year…” Not the most politic public comment I’ve heard in a while, usually Councilman Lance reserved those genre of comments for Alcester law enforcement. No action was taken regarding equipment Purchase.

Executive session was called for:  Community Center SDCL 1-25-2-4 to
discuss contracts. Imagine that, ’cause for numerous months when the
community building agenda item was called there was always No update! In
addition Alcester City Attorney Chuck Haugland was not present to take part in the
‘contract’ discussion. So who was going to offer a legal opinion, Finance Officer
Jurrens, the bookkeeper or Mayor Glas, concrete extraordinaire? So what
contracts, with whom, how much is it going to cost the taxpayers of Alcester and
will ‘we the people’ have some sort of say or will we be left to silently suffer some type of
Jumanji edifice gracing our community? I mean we already have a pseudo city
administrator avatar that looks just like the city Finance Officer. No action taken
in open session.

Property management-Oh my goodness Mayor Glas is on a tear. “…the city needs to clean up…we do not have enough enforcement!…Our code officer is not getting the job done, why I hear…” and “…we need bigger fines…”we need volunteers to help the elderly-disabled clean up…”. In my opinion Mr. Mayor, clean up the city offices, get rid of the clutter passing for ‘decor’.  The city office is where we conduct business and needs to look professional NOT give one the impression he has just dropped through the Pinterest Rabbit Hole just as he passes through the city office doors! So Mr. Mayor clean up your own office doorstep before ya’ll start writin’ tickets on the rest of us! Oh and
contrary to finance office gossip, main street businesses are NOT exempt from
Property Maintenance regulations.

I am happy to announce the city will be contacting the South Dakota State
Trapper to take care of the coyote infestation rather than let some citizen Wyatt
Earp wanna-be doin’ target practice at the Alcester City land-fill. W-a-a-hoo!

Now we have arrived at the whole purpose of the meeting, uh-m-m, yeah,
right. At the conclusion of each fiscal year, the city must rob Peter to pay Paul so-to-speak. Finance Officer Jurrens must ‘borrow’ moneys from accounts that STILL contain money to prop up the over-drawn accounts.**  This is called a Supplemental Appropriation Ordinance and not to be confused with a Resolution. You see a Resolution takes one reading with publication while an Ordinance takes TWO readings with publication. Now the importance of this, is Finance Officer Jurrens who admitted she did not understand the difference between an Ordinance and a Resolution took a short cut by scheduling only ONE reading. The importance, is the city HAD to schedule a third December meeting to do the Ordinance correctly. Now the city council agreed to forego payment for this corrective meeting, however the council should not have to eat the cost and inconvenience of this third meeting had Finance Officer Jurrens just sought the advice of the City Attorney instead of relying on her own legal ‘expertise’.  The Council voted on the first reading of the Supplemental Appropriation Ordinance and scheduled a meeting on December 29, 2017, at 7:00 a.m. to fulfill the required TWO readings.

Due to lack of dual control and risk management issues, our local audit accountant recommended monthly spot checks of the city books as a risk management tool.  The council has chosen to take turns doing monthly spot checks.  As encouragement to the
council, good ol’ Mayor Glas says, “…I have done this and it is very easy to do…”
This is sadly amusing in that during the discussion on coyote trapping, Mayor
Glas ask three times in the course of about five (5) minutes how much the bounty
on coyotes was and each time the answer was $20 a head. Dear sweet aunt Tillie
it is like having Mr. Magoo check out the fine-print on a $100K contract!

Last item on the agenda was 2018 contracts SDCL 1-25-2-(4) which is
Preparing for contract negotiations or negotiating with employees or employee
representatives. The council voted to go into executive session presumably to
discuss contract negotiations. This is interesting since the city attorney was not
present and the only NON-Council member in executive session with the council
members was Finance Officer Pat Jurrens who does not operate under a contract,
and while she has on occasion attempted to tell the City Attorney what legal advice
he should be handing out, she is NOT a lawyer. The council spent from 6:18 p.m.
to 6:53 p.m. discussing ‘contracts’.

Meeting adjourned at 6:54 p.m.

* See part II for abridged text
** Contact Alcester City office for the text of the 2017 Supplement Appropriation Ordinance

12/06/2017 A Voice From the Gallery

The December 4, 2017,  regular Alcester City Council meeting was called to order by Mayor Tom Glas with council members Audri Carlson, Julia Sundstrom-Lyle, Darla Reppe, Dan Haeder, David Larsen and  Lance Johnson and gallery reciting the Pledge of Allegiance.

Councilwoman Darla Reppe moved to accept the agenda without change, Councilman David Larsen seconded the motion, and with no discussion the group accepted the agenda with a unanimous yea vote.  It is interesting to note here that the council members approved Mayor Tom Glas’ agenda with public input in the number seven (7) spot which denied any citizen of Alcester from voicing their opinion on any issues prior to public input much less the purchase of  a 2018 pickup at $27,518.00 and a dump truck at $47,500.00 with their tax dollars.

Councilwoman Julia Sundstrom-Lyle moved to approve, without changes, the minutes from the November 6th and the November 13th Alcester City Council meetings, Councilman Lance Johnson seconded the motion and with no discussion the group voted unanimously to approve the minutes.

Next on the agenda involved legal updates which dealt with the Austin Schuller academy agreement language, letter to consent to annex, voluntary annexation for the city shed property which included a resolution to annex by mayoral filing of written annexation and a resolution to change Alcester Corporation limits to reflect the annexations with both resolutions passing unanimous and a resolution to change the numbering of the indecency and nudity Ordinance.  Explanation was to change the number of Ordinance 7.0508.1 effective date of 12/14/2005  and Ordinance 7.0508.2 effective date of 12/14/2005 to 5.0105A and 5.0105B respectively to bring back the more restrictive language in those 2005 ordinances to the present code.  Interesting, very interesting.

Agenda Item 6 – City Employee Updates, sub A, sub II a) and sub II b) which dealt with 2018 Pick-up purchase at $27,518.00 and Dump Truck purchase at $47,500.00.  Prior to the beginning of the meeting I had passed out to the Council copies of the 2005 Ordinance which established the 2nd penny sales tax restricting all proceeds of the second penny sales tax to Capital Improvement with an accompanying definition of capital improvements and fixed equipment.

As the council began discussion on the purchase of the pick-up and dump truck, Councilman Lance Johnson and Mayor Glas stated the city needed to stop the excessive spending, the city could not afford the pattern of spending they had embarked upon.  Both gentlemen opined the very same sentiment,

“…put a stop to spending and  borrowing…”

in the November 13, 2017, council meeting, yet they did not vote against the spending or veto it.  This time they slowed down to do more research on the  questionable use of the 2nd penny sales tax on this equipment before they would vote on the issues.  The issue is scheduled to be addressed in the December 21, 2017, meeting at 5:00 p.m.

Folks,  the council has the choice of ignoring the ordinance restriction or they can take a chance and bull-doze ahead with spending another $80K+/- of taxpayer money that was earmarked by ordinance for a community building and other capital improvements such as street repair and rebuild.  I am sure west-side Alcester property owners would appreciate new streets and utilities upgrades on their side of town, not to mention the appreciation in their property values.

I asked for time to explain my position at this point, to explain why the city did not have the ability to use the second penny sales tax for equipment purchases.  May Glas told me, “NO, I had to wait for public input”!  I persisted in ‘gaining the floor’ for participation in the discussion on the ordinance violation on the basis public input was AFTER the vote.  Again Mayor Glas told me, “NO, they were discussing City Business!”, to which I responded, ” I WAS TALKING about city business”.  Mayor Glas again told me, “NO”!

Agenda Item 6, sub A, III was Street Department Lonnie Johnson’s proposed chip seal schedule 2018-2023.  This was an effort to get back on track for the well-being of our streets.  During the Rick Johnson and so far into the Tom Glas administration, regular street maintenance was literally abandoned.  Mayor Glas stated,

“I don’t see the need for chip sealing because most of the gravel washes away and into the gutters and drains…it is just a waste of $10K…”

Next up on Agenda Item 6 Finance Office was sub E, I, a) A CBDG loan to Home Away from Home for $10K at 2% for 7 years.  This loan had been approved November 5, 2015, and wasn’t dispersed until November 1, 2017.  The city has been managing the CDBG fund as ‘incentives’ for new start-up business, business expansion and businesses coming into town.  The key term here is incentive.  Financing of the full amount had to be secured through a lending institution and the CDBG loan from the city was to be a single point percentage as an enticement.  I questioned this amount, but I knew I would have to wait for public input.

Still under Agenda Item 6 Finance was the appointment of a Library Board Member to replace retiring Library Board member Mrs. Connie Larsen.  The Library Board is made up of three members from the city and three members from the school system.

Agenda Item 6-Finance Office was the Ward I Vacancy.  Alcester City Councilwoman Audri Carlson resigned her council position in Alcester City Ward I effective upon adjournment of the December 4, 2017, meeting.  Councilwoman Carlson explained due to changing circumstances, her personal responsibilities and commitments needed to take precedence in her life at this time.

Executive session was called to discuss contracts SDCL 1-25-2-4,  Councilman Dan Haeder moved to go into executive session (closed) to discuss contracts, with the motion second coming from Councilwoman Julia Sundstrom-Lyle and with no discussion the council voted unanimously to close the meeting to the public at 7:08 p.m.  The council re-opened the meeting at 7:33 p.m. with no action taken in the public forum.

The date for the Special meeting in December was set for December 21, 2017, at 5:00 p.m. to discuss budget appropriation and to address no action items from the December 4, 2017, meeting.  Motion to set the date came from Councilman Dan Haeder, Councilwoman Julia Sundstrom seconded the motion and with no discussion the group voted unanimously on the 12/21/2017 meeting date.  The date for the January 2018 meeting was set for January 8, 2018, at 6:00 p.m. with a motion from Councilman Lance Johnson, a motion second came from Councilwoman Darla Reppe and with no discussion the council voted unanimously to set the January regular meeting date at January 8, 2018, at 6:00 p.m.

Agenda Item 7-Public Input was finally called.  I responded with an explanation of the 2005 Ordinance restricting the 2nd penny sales tax to only capital improvements and its effect on the council’s decision to spend money based upon the second penny sales for equipment.  The effect this would have is all moneys to be spent on the Street Sweeper, the Skid Loader, the 2018 pick-up truck and the Dump Truck that were to be taken from the 2nd penny sales tax would instead have to come out of the general fund or the first penny sales tax which would have a profound effect Alcester’s bank account.  FO Pat voiced her opinion that according to the city accountants , the city could used the second penny sales tax for equipment, further explaining the definition of Capital Improvement to which I disagreed.  It would be easiest of the city rethinks their position on the violation of  the 2nd penny restriction but if not,

“we the people can take it into our own hands”

I asked my question about the CDBG loan.  When the CDBG Loan program was set up it was to act as an incentive and the applicant had to have funding at a financial institution.  IF the city financed a majority of the funds on a particular project with a financial institution hold the FIRST lien against the collateral, the city comes in at a POOR second to the primary lien holder.  Kind-of-like when the city gave the Deems a CDBG loan for liquor and using the liquor as collateral.  Now that was a super-nova idea, let’s use a liquid collateral with no recourse to recover funds loaned!

Still no gallery packet for the folks to follow along and for which ordinance provides.  Why are ya draggin’ your heels Mayor Glas?

My last item was the courtesy copy of a letter addressed to Jerry Miller, Union County Attorney which I received from a fellow citizen who wished to remain anonymous.  I told the council usually when I get a letter addressed in the manner this letter was addressed, someone was well and truly irritated with me.  I explained, not so with this letter, the author of this letter was irritated with them.  I read them an excerpt from the letter,

                   “…I also would like to point out that the City Council has decided to change the way they do business by barring the public from the discussion on all matters which they already voted on till the last item on the agenda, in other words.  They talk about the agenda item, like raising fees for streets or raising the water rates, then they vote and move on to the next item on the agenda, after all that is done they open the meeting for public comment and then adjourn.  I believed we live in a Democracy and not a dictatorship.

          I would include my name, however the City Council has and will retaliate against me or any complainant by send threats to people over such things as sidewalks, or curbs or grass notices with threats of arrests or citation…Sincerely… A very concern resident of the dictatorship of the City of Alcester SD”

 I told the council I was not yet able to confirm with Mr. Miller that he had received this letter.  Alcester Finance Officer Pat Jurrens spoke up and confirmed that Union County State’s Attorney Jerry Miller had indeed received the letter but they were unable to answer it because it was anonymous and they did not know how to get in touch with the complainant.  Sir Complainant your letter has been received and I am here to acknowledge the veracity of your statement concerning retaliation by my own experience.  Mayor Glas diligently has and still flatly refuses me agenda item access to discuss any city business issues.  Folks this is not the first person to contact me about how citizens are treated or mis-treated by the Mayor or city personnel from window-peeping to relegating input to the last items of the night and effectively operating a closed meeting.

WINDOW PEEPER DOG LICENSE.jpgDuring Public Input Councilwoman Julia Sundstrom -Lyle shared a concern about unleashed pets at large, Councilman David Larsen complimented the City Christmas decorations.

Agenda Item 8- HRC  It was shared that two members of the HRC were concerned about the HRC signage size and visibility on Hwy 46.  H-m-m is there an echo here.  Didn’t I bring that up several meetings ago and was roundly put down?  Folks, size does matter when one is traveling at 65 mph!

Agenda Item Adjournment-  Councilman Lance Johnson moved to adjourn, with the second coming from Councilwoman Julia Sundstrom-Lyle, with no discussion the council voted unanimously to adjourn.

Folks call or contact Mayor Glas, Tell him we want Our Voice, No More Closed Meetings and No More Spending!  Listen to us,  “We the People”!

 

11/16/2017 A Voice from the Gallery

Mayor Glas opened the November 13, 2017, special meeting of the Alcester City Council at 5:00 p.m. with the pledge of allegiance with the following council present:  Mayor Glas, Councilwoman Julia Sundstrom-Lyle, Councilwoman Audri Carlson, Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe and Councilman Lance Johnson with Alcester City employee Lonnie Johnson and city resident correspondent Vickie Larsen present.

This issue was to have been addressed in the November 6, 2017, meeting but as I understand, the figures were not ready from the finance office and Butler had a time limit on the sales offer of Wednesday, November 15, 2017, so the citizens of Alcester get to pay for a special meeting.

Agenda item #3 approve agenda.  The November 13, 2017, agenda was approved without discussion and unanimously.

Agenda Item #4 2018 Bond .  Council members began discussion on a 2018 equipment bond  and the accompanying spreadsheet* provided by Alcester City Finance officer Jurrens. As you can see Mayor Glas’ and Alcester Finance Officer Jurrens wish list tends to be spendy.  Check out the numbers for yourselves, the following spread sheet shows the figures FO Pat handed out to the council.  During this discussion, Finance Officer Jurrens told the council the bond payment would come from and through the second penny sales tax.

*   Spreadsheet Alcester 2018 bond comparison  Folks, the second penny of municipal sales tax was restricted to capital improvement only.  The 2005-2006 city council wanted to restrict this penny of sales tax to initially pay for a new city community building and that council did not want the proceeds to go for equipment.**2nd PENNY SALES TAX ORDINANCEPlease note the last sentence in Section 2, “…The second one percent (1%) shall be earmarked, set aside, and restricted to the funding of Capital Improvements within and for the City of Alcester, Union County, South Dakota…”

 This restriction bars the use of the second penny sales tax for any equipment.  Per definition of Capital Improvement where capital improvement is defined as non-recurring expenditure for acquisition of existing buildings, land or interest in land…construction of streets, highways, utility lines…acquisition of fixed equipment (which are assets which are usually attached to and important to the building’s function)

           Agenda item #5 As the council considered the question of equipment purchase Councilman Lance Johnson stated,

“…put a stop to spending and borrowing!…”

which was echoed by Mayor Glas and Councilman David Larsen.

Finance Officer Pat Jurrens continued to press her agenda by announced two loans involving the second penny sales tax would be paid off in 2019 freeing up $23K to $25K of second penny obligation.  She announced the bond payment would be paid out in two semi-annual payments for ten years at an interest rate of 4.5% to the Premier Bank proposed purchaser of the bond and out of the second penny sales tax.

Councilman Lance Johnson opined,

“wait on purchase of other (wish list) items until 2nd penny obligations paid…” 

With ALL that said, Councilman Lance Johnson STILL moved to proceed with the purchase of the Butler 2015 CAT 242D at $39,900.00 using the (-$7000.00) trade-in on the 2001 skid loader owned by the city, second came from Councilman David Larsen culminating in a unanimous vote of aye.

Agenda item #5c  Councilman Lance Johnson then moved to approve using the trade in option value of $7000.00 Butler offer reducing the total cost down to $32,900.00 rather that the auction risk. Second came from Councilman Dan Haeder with no further discussion the Council voted unanimously to accept the lower sure thing trade-in value as opposed to putting the 2001 unit up for auction risking a lower auction price than the Butler officer of $7000.00.

Agenda item #5d Councilman David Larsen moved to surplus the 2001 skid loader with the second coming from Councilwoman Julia Sundstrom -Lyle and with no further discussion the council voted unanimously to surplus the 2001 skid loader owned by the city.

Agenda item 6 Executive session-none.

Agenda item 7 Adjourn the meeting.  Motion by Councilwoman Darla Reppe, second came from Councilwoman Audri Carlson, no discussion with a unanimous vote of aye..  Meeting adjourned at 5:30 p.m.

I was asked today the limits of the city’s ability to spend our tax dollars.  Mayor Glas and Alcester Finance Officer failed to place public input on each agenda item requiring such a large expenditure.  The public has a right to express an opinion on purchases involving the large money purchases such as brand new street sweepers, skid loaders, streets and items of similar monetary outlay.  The other remedy to unrestrained spending is referral.  The public can refer such purchases and bring it to a vote of the people!  These current purchases using the second penny sales tax could stop the use of the second penny sales tax dollars to pay off the equipment bond.

LET YOUR CITY COUNCIL KNOW YOUR OPINION, CALL THEM DIRECTLY, WRITE THEM LETTERS, WRITE MAYOR TOM GLAS AND TELL HIM TO REIN IN HIS FINANCE OFFICER.

Alcester Councilwoman Audri Carlson         Alcester Councilwoman Julia Sundstrom-Lyle,

Alcester Councilman Dan Haeder                  Alcester Councilman David Larsen

Alcester Councilwoman Darla Reppe            Alcester Councilman Lance Johnson

                                                          Mayor Tom Glas

 

 

           

 

 

11/12/2017 A Voice From the Gallery

NEWS FLASH!

Alcester City Council Special Meeting Notice 

November 13, 2017  5:00 p.m.

 

 1.  Open Meeting

2.  Pledge

3.  Approve Agenda

4.  2018 bond discussion

5.  2015 CAT 242D Skid Loader vs 2001 Cat 246 Skid Loader

          2015 CAT 242D Skid Loader           TX      $28,500*       2016 hrs  

          2015 CAT 242D Skid Loader           TX      $32,000*       383 hrs

          2015 CAT 242D Skid Loader           TX      $34,500*         453 hrs

          2015 CAT 242D Skid Loader           SD      $39,500*         315 hrs

          2015 CAT 242D Skid Loader            IL       $41,100*        335 hrs

*my research on Machinery Trader-ball park sampling w/limited information

a)  Discussion

b) Motion to proceed with purchase of 2015 CAT 242D Skid Loader

c) Method of Handling current skid loader

$7000.00 Trade-in from Butler Machinery Company.

Sell on Auction using Ritchie Bros. with a reserve

d) Motion to accept payment agreement until February 1 payment

e) Motion to declare 2001 CAT 246 Skid Load surplus and method of disposal and when

f) Motion to appoint appraisers.

6.  Executive Session if needed

7.  Adjourn

 

Note there is no public input item. 

This appears to be a major purchase and the public is not allowed to voice opinion on this.  Certainly this was in the works at the time of the regular meeting so why the special meeting.  The taxpaying public should have an opportunity to speak on this issue and ask the council questions.  Come to the meeting, contact your ward council person and let them know how you feel!

11/10/2017 A Voice From the Gallery

Mayor Glas opened the November 6, 2017, regular meeting of the Alcester City Council at 6:00 p.m. with the following members present:  Mayor Glas, Councilwoman Audri Carlson, Councilwoman Julia Sundstrom-Lyle, Councilwoman Darla Reppe, Councilman David Larsen, Councilman Dan Haeder, Councilman Lance Johnson and City Attorney Chuck Haugland.

First order of business was to approve the agenda.  Yup, normally not such a brain stressor here but I have noticed a trend in Mayor Glas’ /FO Pat’s agenda.  Notably the movement of public input.  Public input has always appeared on the front end of the agenda, usually within the first five items.  Since June 2017 Alcester City agenda has placed Public Input just ahead of Adjournment.

Public Input Placement on Agenda 

11/06/2017 Item 14 12/05/2016 Item 5
10/02/2017 Item 13 11/07/2016 Item 6
09/03/2017 Item 11 10/03/2016 Item 5
08/07/2017 Item 9 09/13/2016 Item 5
07/05/2017 Item 14 08/10/2016 Item 5
06/05/2017 Item 10 07/06/2016 Item 5
05/1/2017 Item 7 06/06/2016 Item 5
04/03/2017 Item 5 05/02/2016 Item 5
03/20/2017 Item 5 04/04/2016 Item 4
03/02/2017 Item 5 03/21/2016 Item 4
02/06/2017 Item 5 03/07/2016 Item 4
01/04/2017 Item 11 02/01/2016 Item 4
01/04/2016 Item 4

By placing the public input at the end of the agenda no resident taxpayer can offer up comment BEFORE a vote on the issue.  Many municipalities will schedule input with specific agenda item such as purchasing a couple hundred thousand dollar street sweeper, not Alcester.  As you can see by the table showing the trend in Public Input placement, Mayor Glas/FO Pat appear to deny/restrict public access and comment before council vote discouraging public involvement in their own government.

Next up on the agenda was the approval of October 2, 2017, minutes.  Yup once again FO Pat dropped the ball.  According to South Dakota statute,

          SDCL 9-18-1. Governing  body to publish proceedings and statement of        expenditures–Rate of payment for publication.  The governing body of every             municipality shall cause to be published in the official newspaper which serves therein, or, if no official legal newspaper is published therein, in any legal newspaper which serves such municipality, with thirty days after each meeting thereof a full account of the proceeds at such meeting, give a detailed statement of all expenditures of money, the names of the person who payment is made, and showing the service rendered therefor.  It shall pay for publishing such     proceedings not to exceed ninety percent of the legal line rates for weekly newspapers and not exceed the legal line rate for daily newspapers, as provided in §17-2-19.

And

          SDCL 9-18-1.1  Time for delivery of copy to official newspaper.  The auditor or           clerk responsible for keeping a record of proceedings required to be published  pursuant to §9-18-1 shall cause a copy to be delivered to the officials newspaper within one week from the time such meeting is held.”

The minutes were not delivered to the publisher (per my confirmation visit with Publisher Shane Hill on November 6, 2017, at 11:30 a.m.) as of November 6, 2017.  Alcester City Finance Officer Pat Jurrens failed to get the minutes of the October 2, 2017, Alcester City Council Meeting published within the time frame set out by South Dakota statute.   Due to her failure to have the council minutes published within the parameters of statute, the Finance Officer has extended the time frame in which to refer any business on which the council voted.  It is up to the Finance Officer to get the job done!  The October 2, 2017, minutes finally appeared in the November 9, 2017, edition of the Alcester Union-Hudsonite.  In answer to what appears to be the FO excuse, Shane Hill should have called her to check on the minutes.  It is NOT the job of Publisher Shane Hill, to remind or to run Finance Officer Jurrens down to get the city council minutes, THAT is her job!

Agenda item #7 was a presentation by Larry Anderson, sexton of Pleasant Hill Cemetery.  Mr. Anderson informed the council of the financial status of the cemetery and asked for direction.  Apparently Pleasant Hill Cemetery is a privately owned cemetery whose expenditures are rapidly out-pacing income. Mr. Anderson explored the possibility of the city taking on the ownership and management of Pleasant Hill Cemetery.  No action was taken.

Agenda item #13 Street Department Lonnie Johnson gave an update on the demo of a street sweeper.  The demo sweeper is not the same model the city is contemplating purchasing but Mr. Johnson voiced his opinion on the model that was demonstrated did not meet his expectations.

Agenda Item 12, Executive session based upon Personnel.  Folks, personnel should only be used to discuss a specific city employee!

          SDCL 1-25-2.1 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 contractors.

 

This seems to be a favorite ploy to go into Executive Session, secreting public business from the public.  We cannot have that many fitness of personnel questions, unless it is the capabilities of the Finance Officer because she seems to be the only non-council city employee present in these meetings and there rarely is any action taken in open session after these sessions.

Audri Carlson left the meeting at 7:34 p.m.

Agenda Item #13CIII – Austin Schuller requested Alcester municipal sponsorship to the Police Academy.  Mr. Schuller had an sponsorship agreement drafted up by independent counsel which was apparently presented to Alcester City Attorney Chuck Haugland at the meeting.  Mayor Glas/FO Pat Jurrens agenda engineers seem to expect Mr. Haugland to give an off-the-cuff opinion on something he was reading for the first time.  Mr. Haugland indicated language in the agreement draft could possibly cause a Wage and Hour issue for the city,  he needed to read it more closely than a cursory glance and he needed a get together with the attorney who drafted the document.

Agenda item #13E1 was the audit report by Dwight Bergland.  Mr. Bergland gave his report in which he noted some over-budget items and suggested corrective measures for the city of Alcester to be compliant in internal controls i.e. segregation of duties, specifically the finance office.

Agenda item #14 Public Input–

Joe Zweifel wanted to officially recognize Police Officer Dylan Nelson who performed emergent medical intervention on a resident and Police Chief Chris Doty who also performed emergent medical intervention on another resident.

Mike Kezar corrected the Brad Wilson-Work Comp Fund Representative’s data on how long the city of Alcester has participated in the Work Comp Fund.  Mr. Kezar corrected the 15 years noted on the plaque to a term much longer than 15 years.

Wanda Halverson, Assistant Finance Office wanted direction from the council on a dog licensing issue where  a resident told her in response to her questioning the licensure of his dog, ‘I will license my dog, when feral cats are taken care of…”  Councilman Dan Haeder responded Alcester ordinance states dog are to be licensed and cats are not at issue.

Vickie Larsen, ME!  I handed out text of SDCL statutes; SDCL 9-18-1, SDCL 9-18-1.1 and SDCL 1-27-1.16 to each council member and the city attorney.  I informed council members of the publication of minutes violation pointing out times for legal response are limited by publication date of the minutes which were reflected in SDCL 9-18-1 and SDCL 9-18-1.1.

Some time ago, I had asked for a copy of the packet of materials given to the council to be provided to the gallery so anyone interested in following the discussion and FO Pat’s ‘explanation’ could read along.  Once again I was ignored and blown off.  So I included the statute SDCL 1-27-1.16:

          SDCL 1-27-1.16-“Material relating to open meeting agenda item to be available-Exceptions-Violation as misdemeanor.  If a meeting is require to be open to the public pursuant to §1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distribute by or at least the direction   of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body’s website or made available at the official business office of the governing body at least twenty-four     hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later.  If the material is not posted to the governing body’s website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is consider the printed material…A violation of this section is a Class 2   misdemeanor…”

Next I brought my request for FOIA to the council’s attention.  On August 7, 2017, I hand-delivered a FOIA for CDBG  (see below*) in the August 7, 2017, regular meeting of the Alcester City Council.

CCI11112017_0001

By the September 6, 2017, I still had not received the CBDG FOIA I requested nor did I receive any written explanation of time delay.  While SDCL 1-27-1 does not appear to have a finite response time, I relied upon an approved sample SD FOIA request in which there is a section that states,

 “If access to the records I am requesting will take longer than a ‘reasonable’       amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.”

As of the October 2, 2017, regular meeting of the Alcester City Council I still had not received the FOIA information I requested nor had I received any reply with times I might expect my request to be honored.  During the October 2, 2017, I hand-delivered a second request for the CBDG information and on October 14, 2017, I finally received the requested FOIA documents via USPS.

When I examined the three FOIA documents provided me by Finance Officer Jurrens, I noted the date of final payment on the Dan Avery CBDG was January 31, 2017, but the release of lien or satisfaction of loan was delayed to June 23, 2017.  Under

             SDCL 44-3-8 -“Satisfaction of lien-Execution of discharge or release by holder-Damages for failure to execute and deliver satisfaction-Attorney fees-Additional penalty.  Whenever any mortgage, pledge or other lien of any means, the holder of such lien shall, within thirty days of satisfaction, deliver a sworn satisfaction to the debtor.  However, immediately upon satisfaction of a lien or at any time thereafter, if the owner of the property makes written demand on the lienholder, the lienholder shall, within ten days of receipt, execute and deliver to the debtor a sufficient sworn satisfaction to cancel the lien or any record thereof.  If the lienholder fails to execute and deliver to the owner of the property a sworn satisfaction within ten days of receipt of a proper written demand, the owner of the property is entitled to recover from the person who failed to comply with the provisions of this section all damages that he or she may have sustained thereby, including attorney’s fees and an additional penalty in the sum of one hundred dollars.”  

So folks, I do believe that June 23, 2017, is well past the 30 day time frame in statute.  The excuse made by Alcester Finance Officer was, “I had to wait to make sure the check cleared.”  You who turned the water off on a resident whose check you had a gut-feeling about, and by your own public admission didn’t even present her check to be cashed?  Madam FO you just called her bank asking if funds were present to cover the check.  The bank can release funds availability for a specific account at the hour, minute and second of the day you call.  They cannot tell you, Madam finance officer if the account holder has overdraft protection.  Madam finance officer by your admission in open council meeting, you did not present the check because of charge back fee applied to the city.  IF THE CHECK WAS NOT PRESENTED IT COULD NOT BE NSF.  Kind-of-like Schrödinger’s Cat.  Is the cat dead or is it alive—Is the check good or is it NSF?  As long the check is not presented for payment, it is good!  Mr. Avery PAID in full on January 31, 2017, and ten days after you presented his check providing ya’ll did not sit on the check, you would have KNOWN the check was good.  So by February 11, 2017, well in advance of February 24, 2017, your other excuse for not providing a timely satisfaction of lien requested by the obligor, Alcester Finance Officer Jurrens you should have provided release of lien and debt satisfaction.  NOT some five months late!

Next FOIA topic was the release of the social security number on a CBDG loan paid on November 16, 2016.  The micr (magnetic ink character recognition) codes were all properly redacted on the checks of all three FOIA documents, but on the loan paid on November 16, 2016, under the financing #2012314910009 signed by Mayor Glas the debtor’s social security number was not redacted.  Sloppy!  As I explained when I addressed the council about how easy ID theft  is in a previous meeting, never did I imagine Mayor Glas or the Finance Office would be so derelict in duty as to Give out a social security number!  Folks, the city could be liable for any damages incurred from this dereliction of duty.  I provided copies of the FOIA materials to City Attorney Haugland and to the Union County States Attorney office.

Agenda item #15 HRC Update -Since Mayor Glas had a blank look on his face when this agenda item was called, it fell to Councilman Dan Haeder to explain events involving the HRC.  Councilman Haeder and Mayor Glas were pleased to announce the sale of one lot.  However, this was a good news and bad news situation.   After 2012 when Mayor Glas (not mayor then) was on the HRC and Finance Officer(?) Pat Jurrens pushed to indebt the city of Alcester to the tune of $200k+ by building Beck Drive including curb/gutter, water and sewer to help sell lots.  Yup, some five years later A lot has finally been sold.  OH BUT WAIT, the purchaser of the lot WANTS GAS piped to her property and as DEVELOPER (?) it apparently falls to the city coffers (taxpayers) to install and pay for gas to the buyers property (so who would have guessed we needed a gas line on Beck Drive apparently not the Beck Drive pushers).  Now the city receives $25K+/- for the sale of the lot, less realtor fees of 6%-7% ($1500-$1750), and the up-front cost of laying in gas?  Folks, the city would be required to lay in gas lines for an up-front cost of maybe $10k, $15K, $25K ? Dang, there goes the budget.  The HRC/city is already on the loan hook for initial cost of Beck Drive and NOW they are going to NEED a loan for the gas installation?  WHO GETS TO PAY FOR THAT?

Now the purchaser of the lot wants to be in her home soon.  By the way it is against ordinance for propane tanks in the city limits.  So our council discussed they would over-look Alcester city statute and allow a ‘small propane tank’.  Really who is going to PAY to fill that tank at winter season rates?  Who wants to live next door to a 500 gallon bomb?  Ever see a split-level house blow up then two minutes later watch the roof come back down, cave into the house and flames lick in the blown out windows of the house next door and know there were people in that house.  I have!  I have not forgotten the sound of the explosion, I have not forgotten seeing the roof float down, caving in on the interior or hearing the sound of jack hammers all night that long ago January looking for the gas leak.  It is not the fault of the residents of Alcester those in charge fail to do proper research.  This is not something we can in good conscience allow the city to give a variance, even a temporary variance!

   Adjourned                  

 

10/03/2017 A Voice from the Gallery

Mayor Glas called the October 2, 2017, regular meeting of the Alcester City council to order at 6:00 p.m. in the Alcester City/School Library with council members Julia Sundstrom-Lyle, Audri Carlson, David Larsen, Dan Haeder, Darla Reppe and Lance Johnson present.

Line item 3 approval of Mayor Glas’ agenda, no discussion with a unanimous aye vote.

Line item 4 approval of the meeting minutes of the September 6, 2017, regular meeting of the council and the meeting minutes of the September 20, 2017, special meeting of the council.  Again, no discussion with a unanimous vote. *(remember this tally on later agenda action)  

Line item 5, the welcome by City/School Librarian Dee Cole.  Librarian Cole informed the council and gallery of the acquisition of a 3D printer, attendance and usage of the Library over the past years, and the move of the city/school Library to the proposed new school.

Line item 6 was sales pitch/information from Randy Smidt from Sanitation Products for a brand-spanking new Elgin Pelican Street Sweeper for a mere 190+K to $200K.  The bid coming from NJPA a national purchasing cooperative.  Councilman Dan Haeder commented the bid was without the extended warranty which had been projected in a previous meeting at $15K.  The projected delivery date contingent on financing after the first of the year.  NOTE:  Financing  Councilman Dan Haeder made the motion to purchase the 2018 Elgin Pelican Street Sweeper at a price of $190+K, Councilwoman Audri Carlson made the second, once again no discussion and the group voted unanimous aye.

Line item 7 was the annexation of city shop parcels.  Failure of Mayor Glas and Finance Officer Jurrens to understand this would be a voluntary annexation and all Mayor Glas had to do was sign and file a written annexation for property the city already owned.  Glas and Jurrens failed to understand or seek counsel from the Alcester city Attorney Haugland and failing to understand they did not need Union County Commissioner approval.  Motion from Councilman Lance Johnson, Second from Councilman Dan Haeder, no discussion and once again a unanimous vote aye.

Line item 8, the infamous Developers Agreement!  Mayor Glas on at least two previous occasions openly, publically verbally attacked Alcester City Attorney Chuck Haugland for not, “…Hopping-to-it…” on drawing up an agreement between the two interested parties of the Nonprofit Alcester Industrial Park and their developer.

FACT CHECK here.   Today, October 3, 2017, I spoke with Industrial Park Board agent Jaimie Schempp for clarification of identities of the parties involved.  Alcester Industrial Park Board agent Schempp acknowledged the Alcester Industrial Board was also in fact the developer.

So to the best of my knowledge, the North Industrial Park has NOT been handed over to the city of Alcester therefore the city should not be footing the legal bill for a developers agreement between Alcester Industrial Park and itself.  Mayor Glas what the devil are ya doin’?  You and your Fo-minion have treated the city attorney with open hostility and blatant disregard of his superior legal expertise to force a financial obligation onto the taxpayers of Alcester.  Do we have to draw you pictures so you can educate yourself to the workings of the city, comic-book style?  As FO-Pat has demonstrated on other warrants,

“…NOT OUR BILL!…”

 

Line item 12,e, i, a & b  From the finance office.  Finance officer Pat Jurrens pulled two charges from the bill submitted by Alcester City Attorney Chuck Haugland.  Ya have to appreciate the irony in this one.  FO-Pat objects to the time spent by Alcester City Attorney Haugland in keeping up with Alcester City Council meetings by reading the rest of the story (thank you, Paul Harvey) in the Vickie Larsen blog “A Voice from the Gallery”.  Yup, Mayor Glas and Finance Officer Jurrens have failed miserably to keep Mr. Haugland, Alcester City Attorney fully apprised their collective ‘TOM FOOLERY’ otherwise known as Alcester City business by dismissing City Attorney Haugland one hour into the city council meeting and exclude him from council decisions for the rest of the meeting because he costs too much, Really!

Mayor Glas opined that Mr. Haugland could read the minutes in the local newspaper or in the minutes by Finance Officer Pat (When she finally gets around to getting the draft minutes to Mr. Haugland).  When Mr.Haugland argued he needed inclusive access to council discussions so he could determine how they might affect legal liabilities to the city of Alcester, Mr. Haugland was told by Mayor Glas and FO Pat that they would make the determination of possible legal exposure and relay it to him.  Really?  The city bookkeeper is going to give a legal opinion, or Tag-a-long Tom give a legal opinion?  He couldn’t determine a support brick wall versus a decorative brick facing.   Back in Des Moines his legal prowess didn’t work out so well for him, either.  Alcester City Attorney Haugland challenged Finance Officer Pat Jurrens by asking her, “do you read ‘A Voice from the Galley’?  FO-Pat said, “yes, she did read the blog” and then Mr. Haugland asked, “when do you read it,  on city time?”  I do believe the answer was yes.

HOW DARE MAYOR GLAS, ALCESTER FINANCE OFFICER JURRENS AND THE ALCESTER CITY COUNCIL HOLD ATTORNEY HAUGLAND TO A DIFFERENT STANDARD THAT THEY OPERATE UNDER!

LANCE JOHNSON

Then there is Councilman Lance Johnson, the council’s little teapot short and mouthy who ranted and raved about my blog.  Alleging the home truths I shared were inaccurate, this little varmint who after he was initially appointed to Ward III council seat told me, “In a year I will be leaving so you can apply then…”  Then Councilman Lance Johnson in his quivering rage continued his rant at me (who was not a party to the discussion) railing, “You (meaning me) don’t even have the guts to allow comments on your blog”.  Into which morass, Mayor Glas and Finance Officer Pat Jurrens weighed in with their ill-considered opinions.  I listened in silence and as the tirades of Councilman Johnson, Mayor Glas and Finance Officer wound down, I asked for rebuttal time.  Care to guess what Mayor Glas answered, “No, you can answer in public input”  City Attorney Haugland was attacked, I was attacked and given NO opportunity to respond to the allegations publically without a time limit.

The motion was made by Councilman Dan Haeder to approve paying (10/10/2017 clarification) the August legal warrant hold back of $52.50 and the September legal warrant hold back of $63.00 with no further legal time charged for reading A Voice from the Gallery blog, Second came from Councilman David Larsen.  Once again no discussion with an unanimous aye vote.  Then Councilman David Larsen moved to approve the rest of the warrants, second came from Councilwoman Julia Sundstrom-Lyle, again no discussion with an unanimous aye vote.

Line item 12, (e) ii, a & b  Motion by Councilman Lance Johnson to approve the second reading of the water rate increase, second came from Councilwoman Darla Reppe, again no discussion with an unanimous aye vote.

Line item 12, (e) iii a  Motion to go into Executive Session for Personnel SDCL 1-25-2-1 which is:

(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;[1]

This appears to be a habit of the council when they do not want an audience while they discuss a thorn-in-their-side rather than one specific employee.

Line item 13 Public Input was called, I responded and Mayor Glas told me I had two minutes.  I had already distributed a second request for FOIA regarding CBDG financials that have been ignored and received no response when I initially served the Mayor on August 7. 2017, and provided copies to the council that same meeting.

I also dealt with Councilman Lance Johnson’s rant telling him that the council could video the council meetings and post them on the city website, I pointed out to the council they were not required to vote unanimously every vote, they could think for themselves and vote nay and I pointed out Finance Officer Pat Jurrens was misusing the city email alcestercityfo for a Pinterest ID.  I received the same blank look and non-action from Mayor Glas, his usual condescending pat-on-the-head and go away.

Line item 19 Adjourn  Councilwoman Audri Carlson moved to adjourn the meeting at 8:35 p.m. with a second coming from Councilman Lance Johnson.  No discussion with a vote of 5 ayes; Councilwoman Julie, Councilwoman Darla, Councilwoman Audri, Councilman Dan and Councilman Lance and 1 nay, Councilman David with the pointed salute to a non-unanimous* vote.  Salute!

 

[1] South Dakota legislature-Legislative Research Council (www.sdlegislature.gov), 2017, State Affairs & Government-Meetings of Public Agencies, October 3, 2017.