09/02/2016 A Voice From the Gallery

Johnny's pants

This is dedicated to John L. Sandy (Spirit Lake) and his February 18, 2004, sworn deposition in Dickinson County (Iowa) , #PCCV 021330, with appearances by Mr. Lonnie B. Saunders, Assistant Dickinson County Attorney and Mr. Michael J. Jacobsma, Attorney for the defendant.

        I quote to Johnny:

“…What infernal serpent

Has lent you his forked tongue?

From what pit of foul deceit

Are all these whoppers sprung?

 

Deceiver, dissembler

Your trousers are alight

From what pole or gallows

Do they dangle in the night?”*

 

*referenced to an 1810 Poem by English writer William Blake but I cannot authenticate it as a William Blake work.

                                                                                                                           Vickie A. Larsen

08/25/2016 A Voice From the Gallery

  • John L. Sandy, Spirit Lake, IA, attorney and arbitrator states in a recorded telephone conversation with a friend concerning his ‘arbitration’ of Administrative Judge Susan Ackerman,

“…It went perfectly well for me. I get paid…in fact, I got paid to drive three and a half hours this morning that I didn’t drive…” *

*Heitshusen, Sonya, “Attorney Caught on Tape Raises Ethical Questions“, whotv.com, May 19, 2016, pages 1 & 2, Web, August 17, 2016.

  • John L. Sandy, Spirit Lake, IA, attorney states in a February 18, 2004, sworn deposition in the PCR action in the Iowa District Court for Dickinson County, State of Iowa vs. Lincoln Duane Belken, PCCV021330, page 27.

Question:  Assistant Dickinson County Attorney Lonnie B. Saunders asks,

“And does that refresh your memory about the colloquy that Mr. Miller had with Ms. Rossiter?”

Answer: John Sandy states, “Yeah. Because I was kind of a smart ass and I jumped in…”

  • John L. Sandy, Spirit Lake, IA, attorney/ arbitrator states in his “Arbitrator’s Decision”, e-filed on May 27, 2016, PERB NO. 15-GA165. State No. 15-0347, AFSCME No. 124655, page 7,

…First and foremost in that grievant has a greater duty as a legal professional. That as a legal professional their standard of conduct is held to a higher standard…”

  • John L. Sandy, Spirit Lake, IA, attorney/ arbitrator states in his “Arbitrator’s Decision”, e-filed on May 27, 2016, PERB No. 15-GA165, State No. 15-0347, AFSCME No. 124655, page 8,

“Grievant when sworn into the Iowa Bar realized that her behavior would be held to a higher standard of conduct. It is a responsibility we pledge when undertaking our duties. The State of Iowa has the right to demand that its staff…meets or exceeds these standards.”

  • It appears Mr. John L. Sandy admonishes Administrative Judge Susan Ackerman to do as he says not as he practices. Where Mr. Sandy, was your professionalism and professional duty when you treated the defense of your client Lincoln Belken as cavalierly as you admit in your February 19, 2004, PCCV021330 deposition,

“Yeah, I was kind of a smart ass…”

  • It appears to me John L. Sandy has established a pattern of behavior which defies the cannons of ethics. Iowa has it’s very own set, I believe based upon the American Bar Association Cannons of Professional Ethics. I mean really, really? Sandy states he was,

“kind of a smart ass…”

In front of a prospective juror, during voir dire AND the prospective juror appears to be predisposed against his client AND the prospective juror is actually seated. Who in Hades was John Sandy working for? I mean I know he was soaking both the family and the state for money in his so-called defense of Lincoln Belken, although it appears his logic was—Hey I m getting paid however I do the job! Gosh that sounds familiar. Oh yeah I       remember now, it was his recorded telephone conversation with a friend,

“I got paid to drive three and a half hours this morning that I didn’t drive…”*

*Heitshusen, Sonya, “Attorney caught on Tape Raises Ethical Questions”, whotv.com, May 19, 2016, pages 1&2, Web, August 17, 2016.

So who is the ‘friend’ this little rooster was crowing to?

I call for a thorough investigation of John L. Sandy, and ultimately the permanent revocation of his law license!

Vickie A. Larsen

08/22/2016 A Voice From the Gallery

John L. Sandy, Spirit Lake, IA, attorney and arbitrator in recorded telephone conversation with a friend concerning his ‘arbitration’ of Administrative Judge Susan Ackerman states,

“…It went perfectly well for me. I get paid…in fact, I got paid to drive three and a half hours this morning that I didn’t drive…” 

Heitshusen, Sonya, “Attorney Caught on Tape Raises Ethical Questions“, whotv.com, May 19, 2016, pages 1 & 2, Web, August 17, 2016.

        The family of Lincoln D. Belken knows all-too-well the ‘money-oriented ethics’ and mediocre to abysmally poor legal skills of John L. Sandy of Spirit Lake, IA. We know all-too-well John L. Sandy’s failure to adequately represent his innocent client. The family knows John L. Sandy threw his client Lincoln D. Belken under the proverbial prison bus. Through Sandy’s courtroom incompetence or perhaps something more sinister, he ensured all alibi witnesses were discredited by not allowing them to testify to the truth.

            More to Come

Vickie A. Larsen

So who was the friend John Sandy was talking to?

08/16/2016 A Voice From the Gallery

08/16/2016 A Voice From the Gallery

The August 10, 2016, Alcester city council meeting was called to order at 7:00 p.m. by Mayor Tom Glas with council members Lance Johnson, Audri Carlson, Kama Johnson, Mark Dykstra and David Larsen present. Conspicuously absent was councilman Mike Burke. Anybody keeping track?

During public input I asked the question why does Alcester not have a city website, why is Mayor Glas so intent on spending some $10K on cosmetics for the south bar wall which faces the alley and why does Mayor Glas’ obdurately persist in parking on state right-of-way impeding clear vision for drivers turning off First street onto South Dakota Highway 11? No answer.        .

Union County Attorney Jerry Miller contacted the city about the annexation resolution of FCS Lot D relating to the mapping/platting. Mr. Haugland informed the council an affidavit was sent to the Union County Register of Deeds attaching a map to the certified Resolution of April 2016 and should be recorded on August 11, 2016.

Upon a complaint from Councilman Lance Johnson about fireworks clean-up, an ordinance update was discussed. City Attorney Haugland felt the existing ordinances against littering in a public place was sufficient without enacting a superfluous ordinance.

City Attorney Chuck Haugland was dismissed at 7:36 p.m. by Mayor Glas. Evidently Mayor Glas didn’t feel the need for legal oversight. Imagine that!

The Alcester Bar ‘wailing’ wall came up, once again. Several bids came in with one at $8400.00 and two at $10K+. Discussion took place repeating the brick in question were just cosmetic facing brick and were not structural. Mayor Glas  commented on the 2007 insurance audit, the structural engineer, a 100K+ price which (according to Mayor Glas) was why the city didn’t fix the wall and that $10K+ was a bargain (Mayor Glas’ words). Gotta wonder what Glas was smokin’ because the engineer found the brick were cosmetic, his report was submitted to the city’s insurance company, the insurance company accepted the report and insured the building with no further action needed by the council. It was mentioned Jesse Duncan had been consulted and he affirmed the brick were cosmetic. Once more the brick wall was tabled. Dang—the ‘Wall’ is started to weigh heavy on that there ole table. Mayor Glas sure does want to waste tax dollars on an alley view!

Ward II needs  a councilman and the council is entertaining volunteers. Mike Burke decided that being a councilman was not working with his job schedule.

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

Gotta wonder about good ole Beck Drive. It seems the first interest payment is due sometime in the near future and it doesn’t appear any lots have been sold to make the payment. So how much of the HRC fund is remaining to cover regular wear and tear maintenance of the four-plex AND Beck Drive construction cost. Whose hobby-horse was Beck Drive?—Mayor Glas and Councilwoman/finance officer Pat Jurrens and where is Councilman Mark Dykstra in all this. He certainly should have had some input given he sits in the ‘council seat’, he works with loan figures and just who is holding the bank bag if Beck Drive/HRC loan goes south?

Vickie A. Larsen

 

 

 

07/28/2016 A Voice From the Gallery

It is Union County Fair time. Well Councilman Dykstra, what do you have to say for yourself? When Finance Officer Pay Jurrens and Mayor Glas were handing out committee assignments a couple of months ago, I can see why you tried hard to weasel off the Union County Fair Board by trying to hand that half-life, hot potato off to Councilman David Larsen. So ya’ll didn’t consider Councilman Larsen’s time commitment to the golf course, beyond his regular council duties was enough of a contribution to the city of Alcester or were ya lookin’ for a scapegoat/hot pad to take the heat off you and your ‘work’? By the way, how comfortable is your council seat encased butt now? Peers to me ‘equatorial Hades warm’ with no relief in sight.

By the way Councilman Dykstra, just who is paying the water bill for irrigating the  corn/bean dumping ground?  That is some crop of grass growin’ there.  I presume it is being metered for billing to Farmers Society Cooperative?

2016-07-13 14.10.52 2016-07-13 14.10.32

Mayor Glas loves his rules and ordinances but it appears those rules do not apply to him. Several months ago Mayor Glas was advised he was parking in state right-of-way and blocking the northern line-of-sight for anyone stopped at the First Street-SD Hwy 11 intersection stop sign creating a hazard.

I believe South Dakota DOT came through and checked encroachments onto the SD Hwy 11 right-of-way. While the sign in the picture was grandfathered in, parking under the sign was not! So Mayor Glas is your ‘special parking’ worth someone’s life?

 

Cenex sign II

6.5 foot encroachment

                                                  2016-07-13 14.05.292016-07-13 14.03.422016-02-15 10.19.392016-02-15 10.17.38

07/08/2016 A Voice from the Gallery

Mayor Tom Glas called the July 6, 2016, Alcester City council meeting to order at 7:00 pm with Councilwoman Audri Carlson, Councilwoman Kama Johnson and Councilmen David Larsen and  Councilman Mark Dykstra present. Absent were Councilmen Lance Johnson (according to comments he’s baling hay?) and Councilman Mike Burke (according to council comments he should have been off work by 7:00 pm in response to the information, ‘he had to work’)?

The agenda was approved as printed and the minutes for council meetings of June 1, 2016, special meeting and June 6, 2016, regular meeting were approved as presented.

Jun 1-2016 council meeting

 

NOTE: November 5, 2015, Mayor Tom Glas phizzed and moaned about my formal complaint on Theresa Deem and her violations of code costing the city over $1K.

The June 1, 2016, meeting was to interview police applicants. Really? Mayor Glas allegedly           appointed committees for 2016-2017. Glas appointed Councilwoman Kama Johnson as Chair of the Public Safety Committee with Councilmen Lance Johnson and Mike Burke as committee members. So these three councilpersons could meet with Chief Doty at their convenience to review officer applicants without the cost of a special full council meeting just five days before  a regularly scheduled council meeting. Folks do you care how Mayor Glas is spending your tax dollar? Do you care Councilman Lance Johnson and Mike Burke could not find the time to be present for the June 1, 2016 meeting just after being seated for new terms? Councilman Mike Burke just made the last 28 minutes of the June 6, 2016, meeting? What part of their sworn oath of office don’t they get?

 

 

 

 

 

 

 

(Alcester Union-Hudsonite, June 16,2016, page 9)

Next item up was public input. Alcester Bar was on the agenda again! I presented a document from the 2007 insurance audit which recommended a structural engineer be contacted for inspection and review of the south wall of the Bar building. A structural engineer from Sioux Falls was contacted at the time, the wall was inspected and drilled at several points and concluded the brick were just a façade not structural. The engineer provided a written report to the city which was placed on file and forwarded to the city’s insurance provider. Members of the 2007-2008 Liquor store committee were chair-Tom Kribel and members Jesse Duncan and Pete Larsen. So the only thing at issue is to remove the ‘bricks’. The brick wall faces an alley, so why on earth does the Mayor want to spend $10-$15K unbudgeted tax dollars on cosmetics for the back side of a building that is only worth $25K-$35K at best? Really? Here Glas was phizzing and moaning about my legitimate complaint putting him on notice which he ignored, now he is Hades-bent polishing the back-end of a donkey to make the back wall of the bar look ‘purdy’ for the alley night crawlers. Really?

Insurance audit 2007

           Alcester City employee and water systems specialist Dale Pearson received recognitions and award for excellence in his duties but I do not see a photo of Mayor Glas handing Mr. Pearson his award.   I see Mayor Glas and office staff featured front and center in newspaper photos, so where are the photos of our city street, water and wastewater employees when they received awards, where is their public recognition.  I do not mean the behind council doors atta-boys with the Mayor shoving an unframed paper certificate at them, but a full photo-op in the newspaper showing the job well done and the city  appreciates you and your accomplishments!

             202 Broad Street raised its head again. According to a previous statement Mayor Glas must still have wish (?) list plans for a new city offices encased in a Morton style steel building plunked down in a residential neighborhood. One interesting comment made by Mayor Glas was when he referenced the Councilwomen as ‘the girls’. At least I presume he was referencing the councilwomen as ‘the girls’ and not some anatomy part.

            Ward Boundaries have “officially’ and finally been dealt with so the map matches the 2014 Alcester Municipal Ordinances. When one is charged with reviewing a legal document, reasonable care must be taken to prevent the doctrine of unintended consequences from kicking in. In other words, one must anticipate all consequences of semantics and phrasing so one does not castrate the dog when one means to offer it up to stud!

Still no update from Councilman Dykstra on his little chat with the Union County Fair Board and the Union County commissioners about the city land leased to Union County and on which the Union County Commissioners sub-lease to elevator operators/owners to dump corn and soybeans on  and allowing the grain to rot.  Fair time is getting close, Mr. Dykstra and it doesn’t look good for the fairgrounds!  It seems to me, that was a reason Mark Dykstra wanted on the council so he could protect his agri-buddies from mean-ole Mayor Larsen who was trying to protect an Alcester City asset.  Say Councilman Dykstra you mentioned in your March 31, 2016, statement in the Alcester Union-Hudsonite,

“I have work yet to do.  I came on with an agenda and I am not finished doing it. “

Mark Dykstra

Yo Mr. Dykstra, what exactly is the work you have yet to do?   What exactly was the rest of your agenda, I mean besides prop up Madam Woolworth? Economics Czar you are Councilman Dysktra, I have trouble with your apparent economic agenda of continuing to prop up a money pit with no redeeming value throwing good tax dollars after bad.  Why do you refuse to cut losses and sell the building.  Explain what sound business and commercial economic doctrine supports that part of your agenda, Mr. Dykstra?

One last item of interest. Mayor Glas and members of the council are taking another field trip to visit community buildings. Seems to me these trips AFTER architects have presented ideas and costs are silly and wasteful. How much money, time and effort has the new community building committee spent without reviewing and understanding the findings of the old community building committee. Seems like a re-run of “Ground-Hog Day“! By the way, has the VFW and Legion been consulted for their ideas on this remodel delusion?

Vickie A. Larsen

 

 

 

06/07/2016 A Voice from the Gallery

There is a tired old saw quoted by Mayor Tom Glas last night during the council meeting,

“if you cannot say something good about somebody, then don’t say anything at all.”

Well folks, we have signs on the road warning of danger, we have signs on medicine vials warning of danger, we have signs on electrical devices warning of danger and we have signs on water warning of danger, so we most assuredly, absolutely need to be warned of those two-legged millstones whose mediocre job performance grinds taxpayer wallets to a fine powder which fluffs and stuffs their own consequence.

Mayor Tom Glas opened the Alcester City Council meeting at 6:00 pm with four council members present. Absent were council members Mike Burke and Kama Johnson. The Pledge of Allegiance was recited. Note: Mayor Glas is responsible for setting the agenda.

Council member Lance Johnson moved the June 6, 2016, meeting agenda be approved as printed, a second from councilwoman Audri Carlson and discussion concerning the Ward Map Update began. In the May 2, 2016, meeting Councilman David Larsen moved to update the Alcester Ward Boundary Map to agree with the 2014 Revised Alcester Municipal Ordinances with a second from Councilman Lance Johnson. Alcester City Attorney Chuck Haugland began the discussion by indicating the need for a resolution to update the Ward Boundary Map to agree with the 2014 Revised Alcester Municipal Ordinances. Acting on this advice, the council agreed unanimously (Dykstra, Larsen, L. Johnson, K. Johnson and Carlson) to table the question until the next regular meeting to allow the city attorney time to draft the resolution document. This tabled old business did not appear on the June 6, 2016, agenda nor was it discussed in the motion to accept the June 6, 2016, agenda. The motion to accept the June 6, 2016, agenda initiated by Councilman Lance Johnson and seconded by Councilwoman Audri Carlson made no mention of the exclusion of the agenda item of the updated ward boundary map until discussion began. I do believe the amendment motion which is a secondary motion must be dealt with 1) a motion to amend, 2) a second, 3) discussion on the amendment and 4) a majority vote on the amendment and then the amended primary motion is made, seconded, discussed and voted on. This did not happen on the motion to approve the June 6, 2016, agenda. Also missing from the June 6, 2016, agenda was a report on the discussion with FCS and Union County disposition of the May 2, 2016, agenda item involving the Fairgrounds property cleanup and grass re-seed of this City of Alcester asset. Mayor Glas?

Technically there is no approved agenda and a tabled resolution is missing from the proposed June 6, 2016, agenda.

The next bootleg agenda item is the Approval of the minutes of the May 2, 2016, city council meeting. Councilman David Larsen moved to approve the minutes with a second coming from Councilman Mark Dykstra. On discussion, an error was discovered in the May 2, 2016, minutes that involved the reporting of $16.00 per hour wage for Landon Nygaard instead of the $16,000 salary for his position at the Alcester Golf Course. Once again there was no secondary motion to amend, second, discussion and vote to amend the record and then the primary motion. In addition, there was no correction to the published record which inaccurately reported the postponement of the Ward Boundary Map Resolution to the next regular Alcester city council meeting. It is important to note apparently the council had not received packet of information prior to the council meeting. At 5:40 PM when I sat down in the gallery, I watched the collating of pages for the council to ‘peruse’ before they voted on those issues.

Next bootleg agenda item was Alcester Fire Chief Pat Kast advising Mayor Glas and the Council of dispatch problems sending Alcester Fire and Ambulance crews to wrong locations. Fire Chief Kast frustrated with the lack of response from Union county in curing this defect asked for assistance. I called point of information to share my experience of bringing 911 addressing errors to the county’s attention early on the 911 addressing process. Mayor Glas got smarmy about the information I shared culminating in a sharp discussion of Robert’s Rules of Order and my receipt once again of the proverbial, “pat on the head and rap on the knuckles” ideology.

Loren Fischer was present to discuss providing 95 gallon garbage containers at a cost of $1.25 per month to each resident in Alcester. In retrospect it ‘appears’ Mr. Fischer was there in response to a request from the city administration? Wanda Halverson offered up an opinion and amazingly Mayor Glas had no problem with her interaction. It was suggested the question be opened to those residents present seeking their opinions on the issue. Opinions received dealt with storing the larger size container, smaller households do not generate that much garbage per week and pick-up procedure. Mr. Fischer expressed a down-the-road plan to use automated pick up to collect the 95 gallon containers but it would require two passes on each street. Then a suggestion was made, residents could tote those ol’ 95 gallon containers to one side of the street. Folks, I would not tolerate having 95 gallon containers lined up on my property like a legion of 95 gallon garbage troops. Glory! The weed picking, grass measuring property maintenance dictators apparently are OK with picket lines of 95 gallon plastic garbage containers.

2016-04-13 10.37.08

 

 

 

2016-04-13 10.37.24

Alcester Bar South Exterior Wall

Bootleg agenda item Knutson Masonry Bid on the south ‘wall’ of what-else? the Alcester Bar. Mayor Glas’ ‘opinion’ go for option #1 which is parging south wall of liquor store and replacing loose and bad brick. Minimum of 1 control joint to be cut in to prevent cracking in the future and WOW colored mud of owner’s choice.

According to past insurance-prompted engineering opinion, these are facing brick on a concrete block wall and not structural. Since this is an exterior wall tucked away in an alley, aesthetics is not worth the $10K+ price tag. Parging is a process best compared to trying to cover age wrinkles with a highly expensive and largely ineffective cream. Comforting to the eye only. Parging is multiple applications of mortar or sand mix depending on function by trowel, but over large areas such as the south exterior bar wall even coats cannot be achieved without attaching sheets of galvanized mesh to the wall to help hold the mortar in place. (www.ehow.com/way_5900975_way-parge-brick-walls_.html) Since there was only one bid, the council is going to secure a second bid. Let Mayor Glas and the Council know how you feel about this. Best remedy, sell the bar, get it back on the tax rolls, get the brick monkey off the taxpayers backs and stop throwing good tax dollars after bad. Oh by-the-bye, this $10K plus is NOT in the budget!  Councilman Mike Burke presented himself at 7:34 pm for council duty.

Oh yes one last item on the agenda worth mentioning. Mayor Glas’ comments! Glory, venting of his spleen no less! Seems I touched a nerve. Ranting on about falsehoods and half-truths, really? I was right about the Ward Boundary Map and pointed this error out not once but twice to the council and proved it. Mayor Glas got caught with his Union suit unbuttoned with the flap down around his ankles.

Folks when liberties are taken with procedure, not only can the city be legally exposed, each and every action can be referred and council members can be held accountable jointly and severally if the error was previously identified and they ignored it.

 

05/11/2016 A Voice from the Gallery

Dykstra's rope

(above cartoon did not appear with the letter-to-the-editor on June 20, 2013)

Councilman Mark Dykstra made the above offer on June 20, 2013, in response to a letter-to-the-editor by me:

  • “…if you find ten households in our Ward that will call me, identify themselves and express their support for you…I will resign, I will resign with conditions…”

Answer: Councilman Dykstra, I accept your offer! I found more  than ten households in Ward III. My nominating petition for Ward III municipal election carried forty-one (41) signatures when I turned it in.  Those signatures were most definitely verified as legitimate.

  • “…First, all negative attacks on Alcester, its business owners and its residents end now…I want your word on that.”

Answer: Councilman Dykstra I’ve not made any negative attacks on Alcester, its business owners nor its residents. I criticized the  Alcester mayor and the Alcester city council for its actions, inactions and pathetic failure to perform their duty. When I was personally attacked for disseminating these facts, I rebutted the wild-eyed allegations. I criticized lessee  Theresa Deem for allowing minors in the Alcester Bar, for violating state liquor statute by  serving patrons to the point they were too drunk to find their way out of the bar without Madame Deem’s assistance who called the local police officer to help load a drunken patron into Madame’s car and again called the local police officer to unload the same drunken patron when she got him home. I criticized Madame Deem’s failure to pay her own operating expenses, her expectation that Alcester taxpayers fund her share of her ‘business expenses’ and the Alcester City Council’s abysmal failure to enforce the terms of  Theresa Deem’s lease and operating agreement with the city of Alcester.

  • “…Second, in addition to the volunteer work you already do, volunteer your time on the golf course, fairgrounds, community events, etc. doing whatever it takes to make the improvements this town needs. Lead by example.”

Answer: Been there, done that Councilman Dykstra.  “…doing whatever it takes…”, Councilman Dykstra?  Whatever it takes?  I took the classes in 1996 to become a nationally certified EMT and I didn’t see you there Councilman Dykstra! I didn’t see you Councilman Dykstra fundraising for the ambulance to get it going! Along with the rest of the crew of the Alcester ambulance I donated my time  24 hours a day, seven days a week, 365 days a year for 16 years to the community of Alcester. I donated my time as Treasurer for the Alcester Ambulance.  As the Alcester Ambulance crew and I missed holidays, school programs of our children and family functions to be available to aid members of the community of Alcester, comforting and consoling them in their time of need, where were you Councilman Dykstra? Along with the other ambulance volunteers, I worked stand-by at county fair tractor pulls, county fair fireworks displays, stand-by at school football games, stand-by at wrestling tournaments and stand-by at baseball tournaments. I attended recertification classes for EMT, twice I attended and went through all of the classes training new EMT’s and even taught a class or two under the supervision of the certified instructor.   Where were you Councilman Dykstra on those cold dark nights when we treated victims of car crashes, farm accidents and industrial accidents. Where were you when we consoled family members of those who didn’t make it? I  volunteered and worked with Alcester Finance Officer Mike Kezar planning a municipal league district meeting hosted by the city of Alcester. As an officer in Alcester Commercial Club I worked to make a second ball field happen. I volunteer at the Alcester Food Pantry, I sat as a member of the Alcester City/School Library Board, I was a Girl Scout leader for three different troops of girls because we were short leaders, I was a Girl Scout council representative and Girl Scout cookie chair for the community. MY business has donated a ball-washer at the golf course, city Christmas decorations, money for scoreboards and numerous give-away items promoting Alcester.

  • “…Third, you become the positive leader on the council to encourage existing businesses to prosper here and new start-ups to get all available assistance this city can afford them.”

AnswerAs a member of Alcester Commercial Club and Alcester Chamber of Commerce  since 1986, I have encouraged local business and patronized local businesses where I could.

  • “…Fourth-you lead the charge to make Alcester a safer place to enjoy, providing them with safe walks, safe ball fields, and the park. Include in this the fairgrounds…”

Answer: I was a member of the initial safe routes to school with Police Chief Jim Morey. I was a member of CERT, citizens emergency response team. I supported Mayor Peter Larsen when he went after the Union County Commissioners for their failure to safeguard the land (carnival area) they leased from the City of Alcester by sub-leasing the land to the local elevator to allow grain to be stored on the land, killing the grass leaving a smelly mess and damaging a city asset. I remember you being very critical of Mayor Larsen for being mean to your client farmers. Where was your concern for the fairgrounds then, Councilman Dykstra? In fact it is my belief you asked to be appointed to the Alcester City Council with the agenda of “protecting the elevator”, right?

  • Lastly…writing a monthly newsletter to the paper, keeping us informed…but…be positive…”  

Answer: I have been writing letters-to-the-editor keeping Alcester residents  informed. Unfortunately what y’all have been doing has not been positive, ‘somebody’ didn’t like being called out for it and complained to the publisher. You cannot fix what is wrong, if it is not exposed to the light of discovery.

SO COUNCILMAN DYKSTRA I ACCEPT YOUR OFFER , I MET AND ANSWERED YOUR TERMS… COUNCILMAN DYKSTRA WILL YOU STEP ASIDE AS YOU SAID YOU WOULD IN YOUR LETTER-TO-THE-EDITOR?

“What good is a man’s word, if it is conditional?”

author unknown

                                                           Vickie A. Larsen

 

 

 

 

05/05/2016 A Voice from the Gallery

A Voice from the Gallery

05/05/2016

 

“…it is dangerous to be right in matters where those in positions of power are wrong…”

Jean Marie Arouet Voltaire

 

Mayor Tom Glas opened the May 2, 2016, regular meeting of the Alcester City Council with the, “Pledge of Allegiance”. Councilman Mike Burke was absent. The council approved the meeting agenda with the following amendments: Diane Neu from McKellips Insurance, Police Chief Chris Doty for executive session (personnel) and Dale Pearson who received a commendation for his service in the water department. Note-there was a discussion between Mayor Glas and City Attorney Chuck Haugland (who reclaimed his seat at the council table from Finance Officer Jurrens) regarding an update on the dispatch lawsuit with Union County which(per discussion) would be delivered later in the meeting. Motion to approve the agenda as amended was made and affirmed with five yeas.

Alcester City Attorney Chuck Haugland gave an update on 202 Broad Street tax deed. According to City Attorney Haugland per Myron a tax certificate can take up to six years through service, response and redemption process and apparently the Ives’ filed a Chapter 13 bankruptcy in September 2014 with a five year bankruptcy plan. Essentially Chapter 13 allows persons with regular income to implement a plan to redeem by paying all or a partial payment of their indebtedness through an installment payment plan. Apparently lots involved in the 202 Broad property were not listed in the bankruptcy inventory of assets which makes discharge of indebtedness on those undeclared assets void and a clear merchantable title cannot be delivered. Previously Mayor Tom Glas expressed a desire to obtain the property, demolish the buildings and erect a steel building for city, police offices and garages for police vehicles and a wish-list-get-around-car for the Finance Office. So the Mayor wants a $2 million remodel the auditorium with another $300K +/- for a steel city-police office building never mind lost property taxes on 202 Broad and the loss of valuation for those residential folks whose property would lose value with a steel building next door to their residence. Zoning ordinances?

During the discussion of the clouded title for the Ives property Councilman Dykstra asked the question, “… can we get a quit claim deed…?” Are ya kidding? Real Estate 101 teaches optimum title is a clear merchantable title,

 “…title to real property that is clear and free from encumbrances, litigation and other defects and that can be sold or mortgaged to a reasonable buyer or mortgage…”

“Merchantable Title Law & Legal Definition”, US Legal, http://uslegal.com/m/merchantable.title, retrieved May 5, 2016.

as opposed to ‘Quit Claim’ deed, a legal method which transfers any title, claim or interest a grantor has in the premises but does not guarantee the title is valid. So I could for the sum of $100.00, sign a quit claim deed on 202 Broad, giving up my interest in the premises. However my quit claim deed does not quiet the title at the city level, county level or any lien holder. So why suggest Alcester taxpayers accept a clouded title, Councilman Dykstra?

Mayor Glas called for a motion of adjournment of the old council with adjournment affirmed.

At 6:21 p.m. Mayor Glas opened the new meeting with Alcester City Attorney Chuck Haugland administering the oath of office to elected and unopposed council seats. Ward II seat declared open due to Mike Burke’s failure to file a petition. Remember that Councilman Mike Burke was absent? Yup he sent a message he would like to be councilman for Ward II but apparently it was a bother to show up in person. Mayor called for nomination of Mike Burke, for Ward II. Councilman Lance Johnson moved to accept Burke for Ward II council seat. Mayor Glas failed to call a motion for nominations to cease, but did call the vote. Burke was seated for a one year term.

The question to update as of May 5,2016, the Ward map to reflect the true and correct description as set in the Revised Alcester Municipal Ordinances 2014 was called. I warned Mayor Tom Glas and the council on March 21, 2016, and April 4, 2016, of a ward map defect. The council insisted on following 2012 map stating I was wrong.  I proved the council wrong however their obduracy cost East Park Avenue voters their ability to cast absentee votes or the ability to run for Council seat in Ward III. Mayor Glas received a motion by Councilman David Larsen to table the question which was affirmed by five.

Union County Fairground clean up and re-seeding question. Union County holds a 99 year-type lease on property owned by Alcester city, Union County commissioners have once again sublet the property to the elevator to dump/store corn and soybeans without permission of the city.   Councilman Mark Dykstra questioned who they should contact. Unbelievable! Councilman Mark Dykstra’s appointment agenda to Ward III was as advocate for the farmers who thought Mayor Larsen was mean to them because Mayor Larsen protected a municipal asset by insisting spoiled grain be cleaned up, grass reseeded and Union County Commissioners must get Alcester City approval before they sublet. Councilman Dykstra you forgot that?

Executive session was called at 6:52 p.m. for Alcester Police Department personnel.   Alcester City Attorney Haugland was excused.  At 7:13 p.m. Mayor Glas declared the council in open session upon which a vote was taken to hire Dylan Nelson as Part-time police officer. Apparently the council is again micro-managing the police department. Hiring a part-time officer lies within the purview of the police chief with the wage per hour already set within the fee schedule by Alcester City.

An HRC Update was given by Councilwoman Kama Johnson, reporting switches have failed in the four-plex, creating a possible hazard so the HRC elected to replace all switches for $739.48. Mayor Glas opined, ‘this shouldn’t have happened…they were improperly grounded… they should have been inspected…I (Mayor Glas) had to rewire my house” What South Dakota Electrical inspector checked your DIY electrical Mayor Glas? Glas, a member of the HRC during the construction process kept busy side-walk superintending throughout the four-plex construction. So Mayor Glas, how did You miss ‘faulty’ wiring?   I believe the project was signed off by a state electrical inspector.

According to Councilwoman Audri Carlson regarding auditorium remodel, “…the bid (structural engineer) was not appropriate…”  Folks, taxpayers should vote on the question of auditorium remodel. This is a commercial building, not a DIY project.

At 8:04 p.m. the meeting adjourned without Mayor Glas remembering the dispatch lawsuit update.