“…Shout it from the highest steeple, ring the bells the whole night…”
There is a lot of crowing local artiste sells artwork to the state of South Dakota. Ms. Paula Fagre, Alcester a piece to the South Dakota Arts Council for the state’s public art collection through the Art for State Building Program. Well there ya go folks! One does not have to look far for the incentive for Ms. Fagre’s ‘piece of work’. The title is, Stillness in the Storm…acrylic and alcohol ink. Ironic isn’t it, alcohol ink?
This artiste likes painting birds, too. She appears to be extremely adept at flinging the bird, flipping the bird while using her alcohol ink. Alcohol ink can be purchased already made or it can be crafted using your favorite brand of alcohol and markers. So one has to assume that she used her favorite brand of alcohol and cut the tips of magic markers,,,H-m-m?
Folks these women and the man-hangers did not just appear on their own, No, I do believe they had a special invitation from FOPAT. Kind-of-like a former president allegedly sent on January 6th of fame to march on a white house or in this case city hall. While the culprets chafed and called out mucas when they were relegated to the hall for executive session discussion of what I have come to understand was the removal of a stain on our community and what would be a simple removal devolved into chaos and threats. A simple reprimand was no longer available, total and complete removal was the curative measure for a long lived infection.
It is time to FIRE Pat and humbly ask Mayor Lukas to stay on as mayor. He has worked hard to understand the workings of city government of a place he calls home. He does his research and acts in the best interests of all citizens. It has come to my attention the madame artiste has been using her alcohol ink to debase and liable our Mayor in social media.
So with that I would humbly ask you contact him and ask him to stay. I would ask the city council to return to the issue of the executive session and remove this blight on our fair city, remove the continuous refusal to follow directives and do her job, so we make a start in rebuilding our fair city’s reputation. It appears she feels she won. We are done with the false 911 calls, we are done with the sexual harassment of employees, we are done with the lies, we are done with our tax moneys moving from one pocket to another, we are done with the never ending fee assessment to offset capping of taxes on our citizenry and we are more than done with FOPAT
NOW IT IS OUR TURN, IT IS TIME WE THE PEOPLE RETRIEVE OUR FAIR CITY FROM THE SHARP JAWS OF GREED, SELF ENTITLEMENT AND A QUEST FOR POWER AND REMOVE HER FROM CITY EMPLOYMENT.
LADIES AND GENTLEMEN OF THE COUNCIL DISMISS FOPAT PERMANENTLY, YOU HAVE THE ABILITY TO SHOW MAYOR LUKAS YOU SUPPORT HIM
It would seem that our beautiful little community has been infested by tramps and theives! I have a button which states Make Alcester Great Again Fire FOPAT and I will be wearing it whenever and where-ever.
FO Pat refused to hand over the keys to the city of Alcester when Mayor Lukas Driesen asked for them. FOPat is insubordinate and refuses to do her job. When she recognized her continued status as city bookkeeper was in danger, she called upon what few friends she had to support her. How did they do that, well Blitzed Barstool Betty, California Karen and Nurse Ratched and a couple of hangers-of-men decided to rant and rave out in the hallway during executive session. Barstool Betty waving at the council while it was in executive session and make use of her middle finger flipping ability and still stand up. G-o-o-l-l-y ya’ll wonder if there some sort of condition arising out of oil paint which causes that stumbling effect, although I never saw that behavior from Bob Ross. And of course California Karen who allegedly threaten to audit the entire council referring to her alleged past profession as an auditor for a movie studio. WOW an auditor for Mickey Mouse. There is something to ‘Crow’ about and then there is Nurse Ratched whose main purpose in life appears to be the resident city office chair warmer and Neighborhood Rat at FOPAT’s desk. M-m-m what was it she said? Oh yeah she was giving FOPAT advice,
“…we know someone sold you out, and when we find out who that somone is…we will make them pay dearly for it…*
Now is the time for the residents who are desparately tired of paying for FOPat’s errors, abysmal failures and general laziness to act en masse and fire FOPAT!
Please reach out to Mayor Lukas Driesen, thank him for his service and support his continued presence as mayor. We will not tolerate any and all threats towards him or his family. Footnote the video will be up and soon as I can so you all can see for yourselves. Vickie A. Larsen
“…To contract new debts is not the way to pay old ones…”
George Washington
The June 20, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle, Councilwoman Cyndi Peeples and Attorney Sam Nelson present. The council and gallery recited the Pledge of Allegiance.
(00:01:31.87) AGENDA ITEM #3 – Approve Agenda as amended to move Agenda Item #8 forward to accommodate discussion of the CBDG Wastewater Treatment Facility public hearing.– Vote X 5Ayes. Motion passed.
(00:02:24.30) AGENDA ITEM #4 – Open Council Seat Ward I Interview. Applicant Julia Sundstrom for the vacant Ward I seat. (00:02:41.90) Councilwoman Cyndi Peeples moved, Councilman Kerry Hedden Second the motion to go into Executive Session to interview Candidate Sundstrom, Vote X5 was unanimous. The council was declared in Executive Session at 6:02 p.m. at 6:14 p.m. the group exited executive session for Councilwoman Peeples to make the motion with a second coming from Councilwoman Darla Reppe to seat Julia Sundstrom as the Ward I representative until the next election. Vote was unanimous to seat Ms. Sundstrom. (00:04:13.23) Council appoints Julia Sundstrom to Ward I council seat.
Change Order No.#1 Review Banner representative Tanya Miller describes the five parts of the change order cost increase. (00:05:55.67) Changes involved are deductions for the 1)pressure valves not needed -$2400.00, 2) storm water pipe needed to be opened +$2700.00 route needed to be insulated, once the gate to this device was opened it was discovered the gate valves were functional just needed to be flushed which was a savings of -$8700.00. 3)Waterline for sludge to pond was in conflict with loading docks which was an increase of +$12,000.00 pipe 4) access patch not needed -$2000.00 for a total overall increase in cost of +$2403.69
Approve Change Order No.#1 modify contract price from $5,338.000.00 to $5,340,406.69
(00:11:08.13) AGENDA ITEM #8 – CDBG Wastewater Treatment Facility Project Public Hearing Public Comments – Presentation by Harley Ferguson of SECOG. Projected cost Funding from ARPA Grant
(00:15:04.73) AGENDA ITEM #6 – Public Input
VICKIE LARSEN INPUT dealt with question on the emergency meeting held on June 12, 2023, at 8:00 a.m., Has Mayor Driesen been given all the keys to the city now, and the legality of allowing a first or second grade drive a golf cart with Parent seated in the right hand seat.
(00:18:49.50) AGENDA ITEM #7 Police Department – Jared Thompson
(00:19:48.53) AGENDA ITEM #9 – Planning & Zoning Fences City Attorney Sam Nelsen. No action taken until further study of the issue.
(00:21:09.30) AGENDA ITEM # 10– Community Center/Golf Course Issues covered in this discussion were the use of cameras and clubhouse hours Open for business versus honor system
(00:35:38.47) AGENDA ITEM #11 – Camera quotes Pool
Loren Fischer will no longer be accepting payment at the city offices. Also since the fourth of July lands on Tuesday, Fischer’s will pick up on July 3, 2023. In additional Mayor Driesen respectfully reminds residents to pull in their trash containers as soon as possible after they have been dumped by Fischer. Also a request has been made by the city to trim trees at the curb to save wear and tear on city equipment from scratch and other damage. Last item asked about by council members is the council emails and when they will become available for residents to contact their representatives.
(01:11:39.50) AGENDA ITEM #17 – Executive Session if needed (SDCL 1-25-2.1) Motion to go into Executive Session by Councilwoman Darla Reppe, Second to motion by Councilwoman Kendra Hatle, not discussion and with a Vote X6 Ayes the group moves into Executive session at 7:39 P.M. and out of Executive session at 8:23 P.M. No action taken
The regular June meeting of the Spirit Lake School Board was called to order at 5:30 P.M. by President Teresa Beck with board members Greta Gruys, Sonja Hamm, Luke Lundt and Jeromy Mouw present. In addition to the board members also present were Spirit Lake School Superintendent David Smith, Board Secretaries Jane Loveall and Ashley Weber, and school attorney Steve Avery. Board members and gallery recited the pledge of allegiance and so the meeting began.
A note here, normally I video-record the meetings I attend and have video to which I can refer for uniformity and continuity. Next time.
Agenda item to approve the agenda was accepted by a unanimous vote. This entity uses a consent agenda, which is defined as a method to stream-line a meeting by placing routine agenda items into a group which can be approved with one motion rather than numerous individual agenda items. So the consent agenda was the next item of business to be approve and included agenda items dealing with approval of the Minutes of the May 8th and 22nd meetings, Warrants for payment, Employment of various positions within the school district, open enrollment applications and student Assurance Accident Insurance which were approve in an unanimous vote.
The Agenda Item covering a Financial Report and Public Report was presented and approved.
The Agenda Item approval of a Resolution Naming Depositories was approve as presented with a roll call vote. For those who do not know what a resolution is, it identifies an issue, research the issue in detail, ensures local and federal authority have not already addressed the issue that the school board can tag on to. Provide evidence of authenticity of the issue with appropriate solutions to cure and defect. This Resolution should contain the date and a identifying number which usually represents the year in which the issue is presented and the number in order of the enactment. In other words the Resolution of Monday night should carry a number such as 2023-00X. X = how many resolutions in 2023 have come before the June 12, 2023, Resolution. Now usually Resolutions must have a first and second reading spaced approximately two weeks apart to take care of any errors, omissions or objections to the Resolution. These type of agenda items are roll call votes and not just a voice approval with the roll call reported for transparency.
Other agenda items dealt with were raises in activity fees, acceptance of the Bound Pro form of payment, Goals set for building (curriculum for the elementary goals, the curriculum of middle school and curriculum for the high school as best I can guess and how well the achievement of set goals have been handled)
Last agenda item dealt with the use of an Indian Symbol. Public input was taken with pro Indian Symbol and anti Indian Symbol comments. I will repeat the symbol of the head-dress profile is a symbol not a mascot. The term “mascot’ is pejorative and usually represents a caricature of something real. Our symbol is representative of a people. The head-dress is a symbol much akin in practice and construction as medals pinned to our military chests. The suggestion of osprey is just changing feathers for feathers unless the Osprey in question is the aircraft. The Board voted to retain the symbol we have, however this is one of those issues which keeps coming back. So we form a plan in which we maintain our symbol of identity and satiate misconceptions of our symbols.
“…Lawsuit, n. a machine which you go into as a pig and come out as a sausage…”
Ambrose Bierce -The Devil’s Dictionary
The June 5, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle, Councilwoman Cyndi Peeples and Attorney Austin Felts present. The council and gallery recited the Pledge of Allegiance.
(00:01:12.00) AGENDA ITEM #4 – Approve Minutes of May 1, 2023 and May 15, 2023. No additions or corrections Vote X 5 Ayes Motion passed.
(00:01:36.93) AGENDA ITEM #5 – Open Council Seat Ward I Interview. No applicants for Ward I at meeting. No action taken.
(00:01:46.10) AGENDA ITEM #6 – Community Center/Golf Course
⇒Landon Nygard presented the updates with figures on profit/loss statement.
⇒Rick Schempp was hired as part-time greens-keeper at $14/per hour.
⇒Wage discussion (0:07:42.50) regarding clubhouse wages: a movement from full time position to part-time position, less than full time hours one week and over-time the succeeding week with payment of wages averaged out over the two week period and the ensuing payment/benefits complaint lodged by the involved employee. WARNING! WARNING!Finance Officer’s manipulation of over-time math in this instance smells like a lawsuit. Motion was made by Councilwoman Reppe, seconded by Councilwoman Hatle and unanimous vote X5 Ayes to favorably adjust Rhonda’s wage retro-active to April 29, 2023.
(00:18:47.80) AGENDA ITEM #7 – Public Input
(00:18:55.27) VICKIE LARSEN INPUT –
⇒I started my input with the advice when the city responds to a wage complaint they should have the complaining party sign a waiver that the complaint remedy has been mutually agreed upon.
⇒I addressed input on the recent charges of wire fraud against an local accountant with the question did this individual audit the city’s books?
⇒With the resignation of Mr. Richards as reporter for the local paper and my increase in traveling, the city is without “window washers” to expedite transparency, I asked about the status of live-streaming the council meetings. I was told it was in progress upon the purchase of a camera suitable to live-streaming capabilities.
⇒I asked about the status of the lawsuit FCS brought against the city and Rhodes family. City Attorney Austin Felts indicated he could not answer my query due to the ongoing status.
⇒I asked the members of the Alcester City Council be apprised of a listing of all vendors contact between them and Finance Office Patricia Jurrens.
⇒Finally I asked the new members of the Alcester City Council be provided ALL materials which will they will need to make their decisions, access to all passwords needed to fact check, audit and over watch all departments within the city of Alcester, the members of the Alcester City Council be made aware of the Mayor’s right to have possession of all keys to all city buildings, edifices, offices and grounds and the make sure those keys have been supplied to him by the Finance Officer and over-see that any directions given to the Finance Officer by the Mayor are duly carried out in a timely manner.
It was my purpose to let the council know the extent of their power and control. As I spoke to the above issues I stressed the duties, privileges and the right of the mayor as well as I touched briefly on the duties, privileges and rights of the council members. Alcester is an aldermanic form of government through and by a mayor and in our case a six (6) member council. There is a mayoral-appointed, council affirmed finance officer (bookkeeper) and most assuredly not a city manager no matter how many times she closes her eyes and clicks her heels! South Dakota is an at-will state where, “SDCL 60-4-4…An employment having no specified term may be terminated at the will of either party on notice to the other, unless otherwise provided by statute…”
(00:25:05.83) HRC JARED DRIESEN INPUT Covered housing projects and opportunities, financing those housing projects beyond the two local entities of the Industrial Board and HRC. Keeping up with demand and creating a choice for all income levels.
(00:39:48.67) Councilwoman Kendra Hatle asked about Beck Drive, its inception and course of construction. Ms Councilwoman Hatle, Beck Drive Inception began somewhere around Councilwoman Patricia Jurrens’ appointment to Finance Officer. Upon her appointment as finance office Ms. Patricia Jurrens along with Mayor Tom Glass bolted from the gates of the their Alcester soapbox derby of Beck Drive sometime prior to 2015. On or around June 2, 2015, it was announced by the soapbox derby duo Glass-Jurrens that work on Beck Drive was schedule to begin on Wednesday, irrespective of a bond in place. So how was the city going to pay for this work, by selling off lots bordering Beck Drive you say? Around August 2016, the first interest payment on Beck Drive is due soon, and Gee Whiz NOT ONE LOT has been sold to cover the interest payment. So how much of the HRC Fund is remaining to cover regular wear and tear maintenance on the Four (4) plex AND Beck Drive construction cost…Whose hobby-horse was Beck Drive?…Why Mayor Tom Glas and Alcester Finance Officer Patricia Jurrens spending the city’s money and leaving the west side of town hauling their own water and watching their streets collapse into gravel-filled pot holes.
(00:41:06.13) AGENDA ITEM #8 – Police Department Chief Jared Thompson
(00:50:11.73) Motion was made, seconded and voted unanimously X5Ayes to hire John Krebs part-time investigator at $19.38/hour.
(00:50:52.63) AGENDA ITEM #9 – Planning & Zoning Fences Fencing discussion. Draft of Ordinance to be provided by Attorney Felts.
(01:02:45.40) AGENDA ITEM # 10– Snow Removal Issue of city responsibility for snow removal damage. Issue was a hold-over from last meeting, it was discussed and allowed to die from lack of motion. No action to be taken.
(01:08:55.37) AGENDA ITEM #11 – Legal Updates Attorney Felts had nothing to present.
(01:09:10.90) AGENDA ITEM #12 – Fairgrounds Update on Fairgrounds issues. Discussion on certain negotiation and a conflict of interest issue as it relates to a commissioner. Issue at large, the city cannot sell a street. Street in question? Clark Street which FCS and Mr. John McDaniel is lusting after. On May 30th, 2023, the county commissioners addressed the sale of railroad land to Farmers Cooperative Society…Resulting vote… per 05-30-2023 Union County Commissioners meeting minutes.
” Motion by Dailey, second by Kimmel to surplus (repost) fair property the strip of land along the railroad: Union County Tract 3 Railway Addition in the NE ¼ of Sec.28, Twp 95N Range 49 W 5th P.M In Alcester SD. Discussion. Dailey and Kimmel voting aye and Joffer and Headid voting nay. Motion Failed…”
(01:21:54.97) ERROR CORRECTION ON STREET INTERSECTING IOWA STREET. IT IS SOUTH STREET NOT 209 STREET.
(01:26:50.97) AGENDA ITEM #13 – Street Parking Discussion. No action taken.
(01:50:53.67) AGENDA ITEM #14 – Bill Approval
Motion was made, seconded and unanimously approved payment of the IPT Invoice for $155,610.00 construction services. Vote X5 Ayes.
Motion was made, seconded and unanimously approved payment of the Banner Engineering invoice for $6318.08 Engineering Services.
(01:59:45.33) PLAT MAP OF LIND SUBDIVISION AS RENDERED BY McLaury Engineering. Get FOPat’s comment, “…in the near future, WE WILL BE APPROVING the final plat…” Yo FOPat you do not get to approve anything, you are just the bookkeeper. My first thought is why in Hades, is the city going back to this engineer on the Bungler Express. This is the engineer they hired to do the SRTS (safe routes to school) which was bungled and cause flooding for a resident and resulted in a lawsuit to make the flood victims whole again. Now he is doing a survey. Folks if you are not familiar with the area, do a drive-by. Note the significant drop in elevation from the road bed, note the water pathway which cuts its way across the SW tip of the Subdivision. Now it is going need fill and infrastructure. It has a straight-line track down first street to the sewer system access. Take a good look at the travel point and the First street condition. Consider the cost of sewer, water and electrical access to these homes. Add in the possibility of some sort of lift station or intermediary transfer of waste materials. Wanna Guess who is going to pay for this Crapalachian Trail. Think of those folks on the West side of town whose sewer system could be have been the left-over clay from clay pots of our cave dwelling predecessors. I sure hope a strong feasibility study takes a good long look at all the infrastructure involved in this project.
(02:04:08.83) Warrant approve. Motion, second, and unanimous approval of the May warrants. Vote X5Ayes.
(02:07:19.57) AGENDA ITEM #16 – Executive Session. Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilman Hedden, vote X5 Ayes. Council in executive session at 8:08 P.M. Council out of executive session at 9:01 P.M. NO ACTION TAKEN
The company accountant is shy and retiring…She is shy of about a quarter of a million bucks…that is why she is retiring.
Milton Berle
The May 15, 2023, meeting of the Alcester City Council was called to order on by Mayor Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, , Councilman Kyle Vandenhul, Councilman Kerry Hedden and Councilwoman Kendra Hatle. Austin Felts was the Attorney in attendance with Councilwoman Cyndi Peeples absent. The council and gallery recited the Pledge of Allegiance.
(00:01:03.53) AGENDA ITEM #4 – COUNCIL INTERVIEWS – Open seat in Ward I. Executive Session SDCL 1-25-2.1Not needed.
(00:01:11.50) AGENDA ITEM #5 – Mayor Driesen presented his council committee assignments.
(00:03:28.07) AGENDA ITEM #6 – Public Input
VICKIE LARSEN INPUT(00:03:37.30) I spoke to the need for all of our council representatives to have a city email by which their constituents could contact them privately without play “MAMA MAY I” with FOPat. Residents of the council’s ward would be contacting their Ward representative directly. Also the Council members would not be receiving emails on any business email accounts they may have. Thus protecting the privacy for both parties and in any unfortunate event that causing a subpoena to be served on a device of a council member, their business persona would arguably be exempt from that demand.
I spoke to the profit/loss of the community center and the need to make sure the costs and debits created by the operations of the community center were INDEED attributed to the profit/loss of that entity and that if there was a profit that it included ALL costs to the operation and not was just ”crystals in the sun”. I spoke to the absolute need to separate the golf club from the community center. This means ALL labor costs are on the separated books of the community center, all expenses for the community center are ON THE BOOKS for the community center. This means there is NO picking up labor costs from the city general fund, it means all insurances, sales tax and use taxes are on the community center and are not taken from the general fund, that commensurate property taxes are assessed and applicable to the community center and do not disappear because the city is involved.
THIS MEANS WHEN THE COMMUNITY CENTER IS COMPETING WITH PRIVATE BUSINESS IT DOES NOT HAVE A FINANACIAL EDGE BECAUSE IT IS TIED TO THE APRON STRINGS OF THE CITY OF ALCESTER. IT MEANS THE COMMUNITY CENTER STANDS ALONE WITHOUT ANY SUPPORT FROM THE GENERAL FUND WHICH IS FUNDED FROM OUR COLLECTIVE POCKETS.
I DEMAND A MONTHLY PROFIT/LOSS STATMENT WITH DETAILS ON THE COMMUNITY CENTER!
I spoke to the credit card issuance for our police department. The limit on the card for the PD Officer was at $500.00. Now I believe the Finance Officer has her own city credit card and it has a limit of $1000.00 limit. Now folks these limits are set and there should be no borrowing from the PD card to offset any over-usage in any “other” department which has slammed head-long into their limit just because they had the administrative power.
I spoke to the trailer parked on Part street next to the pool. I asked if the city owned that vehicle, ’cause FOPat has harassed residents for parking their trailers in the streets and threatened to tow them. This trailer has been in that spot for 30 plus days, I believe the trailer belongs to the house on the corner across from the pool. Is he going to move it? I also spoke the proliferation of wood stacked in the backyard of that same dwelling. Now FOPat has sic’ed ol’Geoff Fillingsness and his citation book on other residents with small piles of sticks but yet this yayhoo seems to get preferential treatment. Really?
Lastly I asked the status of the lawsuit Farmers Co-operative Society FCS launched against the city of Alcester in 2022 $CIV22-00048 (00:14:32.33) to which Attorney Austin Felts stated he could not comment as the lawsuit was still active and Attorney Sam Nelson was still involved in the disposition of the civil lawsuit. My question is what is the hold up for this lawsuit. I am going to ASSUME (me and only me) there is a conflict in coming to amicable terms, a whole lot of liabilities attached to the city, and now there is a whole lot of lawyer hourly billings involved. We the people want to know! What is the stale date on a civil lawsuit, boys? Best I can tell is six (6) years but at what point after plaintiff filing does that time limit start, Huh?
COUNCILWOMAN DARLA REPPE INPUT (00:08:52.87) Councilwoman Reppe spoke to the no-man’s land between the ball fields, abutting properties and easements and whose responsibility for the up-keep.
MAYOR DRIESEN INPUT (00:10:12.80) Non-residents using the clean-up dumpsters. Other discussion regarding the placement of a private party collection receptacle for metal took place.
(00:15:53.50) AGENDA ITEM #7 – Legal Updates NO LEGAL UPDATES
(00:16:05.03) AGENDA ITEM #8 – Police Department Chief Jared Thompson/Office Kyle Kleinschmit (00:16:13.87) Chief Thompson was up first and relayed an issue of mutual aid reluctance from the county. (00:21:16.40) Officer Kyle Kleinschmit took the podium to report and make a request. He spoke to many issues involving part-time officer-wise. He made the suggestion he would be amenable to becoming full time with stand-by capabilities but the hourly rate would have to increase. Officer Kleinschmit spoke to being to all intents and purposes on-call on his off time hours which interfered with his other part-time job. The city was aware he had another part-time job when they hired him and were ok with that condition of hire. Officer Kleinschmit is willing to give up his other part-time employment for full time for the City of Alcester with the raise in hourly rate.
I (Vickie Larsen) did comment to a past near calamity with 911 where the Union County Commissioners moved the minutes of September 23, 2014, reflect the Commissioners decision to file a lawsuit against the City of Alcester, the City of Beresford, the City of Elk Point, the City of Jefferson and the City of North Sioux City to recover unpaid fees for non-emergency dispatch services provided by Union County to the cities. Outside legal counsel was sought by the Union County Commissioners. This information was taken from the January 6, 2015, minutes of the Union County Commissioners and was later approved in the January 20, 2015, minutes as presented. The 911 process was started in 2012 and culminated with the lawsuit which I believe was reported by Kelly Kruithoff for the Leader-Courier of Elk Point.
Going back to the police department and paying them for their time. If we continue to screw around with our law enforcement, no one will want to come to protect and serve our community. Then we will have to resort to the old stand-by solution of law enforcement, the inflatable cop. We can park the patrol car with the inflatable cop in the driver’s seat, then give FOPat the ‘job’ of blowing him up, inflating his ego and etc. However we cannot inflate this officer with helium, ’cause we cannot afford to have a ‘high’ officer. And we would be obligated to make sure in the summer he is in a cool dark place so the air does not expand and we have an on duty death of our inflatable police officer. Yes, I already know I am irreverent.
(00:44:34.77) AGENDA ITEM #9 – Pool EmployeesHires The council voted to hire Jaeley Christensen and Evan Brown as Lifeguards at a rate of $12.00/hour. Additionally Ava Kingma was tentatively hired as Lifeguard at a rate of $12.00/hour upon successful certification.
(00:53:51.77) AGENDA ITEM # 10– Custodian – It was announced that our current custodian LeeAnn Haisch resign her position as city custodian leaving an
opening. Councilwoman Reppe moved to advertise for the open custodian position, second to the motion came from Councilman Hedden, with no further discussion the group voted unanimously to advertise the open custodial position.
(00:55:11.87) AGENDA ITEM #11Credit card approval for Police Officer Kyle Kleinschmit with a limit of $500.00. Motion was made by Councilman Vandenhul, second to the motion came from Councilwoman Hatle and with no further discussion the group voted unanimously to approve the credit card.
(00:55:38.57) AGENDA ITEM #12 – Golf Course/Community Center Discussion began with the question, do we want to sell the parcel with the old golf clubhouse? Much discussion took place with the group ultimately tabling the question. My vote would be No, Keep the land get rid of the building either by sale or give away to haul the thing away. You never know when the land may be needed by the golf course, and the liability of a private enterprises so close to the golf course could prove costly. Keep the land, get rid of the building.
LET THE COUNCIL KNOW WHAT YOU THINK!
Next discussion and action point was the hiring of a cook and a waitress with the application of Danielle Ledgerwood for cook position at $13.00/hour and Ella Erickson vying for the waitress position at $7.42 per hours. Motion was made by Councilwoman Reppe, second to the motion by Councilman Vandenhul and with no further discussion the group voted unanimously for hire these two individuals.
(01:07:48.60) AGENDA ITEM #13 – Planning and Zoning The great Fence conundrum, do we or don’t we. Looking at five foot set-backs from the lot-line positioning, to on the line fence positioning and who takes care of the demilitarized zone? This question was tabled to obtain more information.
(01:19:26.23) AGENDA ITEM #14 – Snow removal repairs – Discussion took place but no decision was made until Attorney Felts did some digging for information.
(01:30:42.17) Discussion regarding the open ‘shelter’. My opinion is to get rid of it. Tear it down and replace the tables with concrete tables which seat six spotted around the area as many parks have now established. Upkeep is minimal. (01:34:25.17) Consolidation of the Pleasant Hill Cemetery CD’s. Motion by Councilwoman Hatle, second to the motion came from Councilman Hedden with no further discussion, the group unanimously voted to consolidate the CDs from Pleasant Hill perpetual care Cemetery to one CD 60 months at 4.1%. (01:40:08.03) Housing Study vote. Motion was made by Councilwoman Hatle, second to the motion was made by Councilman Reppe with no discussion and by unanimous vote approved the expenditure of $2500.00.
(01:42:03.57) AGENDA ITEM #16 – Executive Session if needed. Motion was made by Councilwoman Reppe to go into Executive Session for the purpose of SDCL 1-25-2.1 Personnel, second to the motion came from Councilwoman Hatle, vote X4 Ayes. Council in executive session at 7:44 P.M. Council out of executive session at 8:22 P.M. NO ACTION TAKEN
The May 1, 2023, meeting of the Alcester City Council was called to order on May 1, 2023, by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, and Councilwoman Cyndi Peeples. Austin Felts was the Attorney in attendance. The council and gallery recited the Pledge of Allegiance.
(00:00:45.33) AGENDA ITEM #3 – APPROVE AGENDA – Approval of the Alcester City Council agenda Vote X2Ayes. Motion passed
(00:01:19.47) AGENDA ITEM #4 –APPROVE MEETING MINUTES APRIL 3, 2023 AND APRIL 17, 2023. Vote X2 Ayes Motion passed
(00:01:48.90) AGENDA ITEM #5 – WARRANTS APPROVAL NO DATES GIVEN Vote X2 Ayes. Motion passed.
(00:02:54.47) AGENDA ITEM #7 – ADJOURN OLD COUNCIL MEETINGICE PRESIDENT OF THE COUNCIL DARLA REPPE took over the meeting in the stead of President of the council, Lukas Driesen due to his resignation as Ward III council member to accept his election to Mayor of Alcester. Councilwoman Cyndi made the motion to adjourned with a second to the motion and with an affirmative vote the meeting was adjourned. Vote X2 Ayes Motion to adjourn passed
(00:03:32.00) AGENDA ITEM #1 – OPEN NEW COUNCIL COUNCILWOMAN DARLA REPPE CALLED THE MEETING OF THE NEW COUNCIL TO ODER AT 6:04 P.M. It is to be noted here FOPAT once again failed in her duties which was to include an agenda approval by the new councilin the agenda she provided to the council and presumably to the city attorney Austin Felts.
(00:04:01.73) AGENDA ITEM #2 – ADMINISTER OATH OF OFFICE TO MAYOR LUKAS DRIESEN (00:04:59.00) NOTE FOPAT ACKNOWLEDGES IN HER ADMINISTRATION OF THE OATH OF OFFICE THAT LUKAS DRIESEN IS THE
(00:06:05.20) MOTION AND SECOND FOR EXECUTIVE SESSION AND AFFIRMED. COUNCIL IN EXECUTIVE SESSION AT 6:06 PM
6:06 P.M. TO 6:20 P.M. KENDRA HATLE INTERVIEW WARD III
6:20 P.M. TO 6:30 P.M. KERRY HEDEEN INTERVEIW WARD II
6:20 P.M. COUNCILMAN KYLE VANDENHUL ARRIVES
(00:07:28.53) COUNCIL BACK IN SESSION AT 6:44 P.M.
(00:07:35.67) APPOINT KENDRA HATLE TO WARD III COUNCILSEAT Motion made and seconded to approve appointment of Kendra Hatle. Appointment approved
(00:08:03.43) APPOINT KERRY HEDDEN TO WARD II COUNCIL SEAT. Motion made and seconded to approve appointment of Kerry Hedden. Appointment approved.
(00:08:58.70) Kendra Hatle – Oath of Office administration
(00:10:04.73) Kerry Hedden – Oath of Office administration
(00:11:37.13) Kyle Vandenhul – Appointment and Oath of Office administration.
(00:13:17.77) AGENDA ITEM NEW COUNCIL # 4– ELECT COUNCIL PRESIDENT AND VICE – PRESIDENT
(00:13:41.77) President of New Council – Darla Reppe
(00:14:12.17) Vice-President of New Council – Cyndi Peeples
(00:14:43.13) AGENDA ITEM NEW COUNCIL #5 PUBLIC INPUT
(00:15:01.13) PAULA FAGRE (00:21:03.33) Additional information regarding the service of Ms. Fagre’s father Ron Manning and his dedication to the city of Alcester.
(00:21:23.83) GARY MCKELLIPS – financial accounting and spending habits.
(00:25:43.10) VICKIE LARSEN commented on street racing and grade school golf cart drivers without parent riding shogun. Streaming cameras, do we have them and where are they? I brought up streaming in past meetings and no response. Folks want to be able to watch the council meetings live without Facebook P.M. ranting after-the-fact, FO prejudiced ravings, mis-information handed out like Halloween candies and just plain withheld information or long lines in the city hallway during lengthy and unnecessary executive sessions. Let’s talk about the cameras. Councilwoman Reppe said there are cameras in the community center. I asked if there were any cameras in the Council room? After a long pause FOPat answered yes, there was a camera in the city offices but only after hours. Does that include the audio-eavesdropper Alexa or Echo? I asked where the camera was located. A hand motion toward the file cabinets on the west wall indicated the location of a camera. There are no postings warning of a camera in the offices. How long has that little ol’ camera been sittin’ there? Where does that little ol’ camera send all those video’s? A-n-d can one log onto that little ol’ camera so she can watch the video real-time when she has been expelled from an executive session and sitting in the hallway with her nose in her phone? Gotta wonder, Trust? Now let’s talk about the ‘art gallery’ Is the city getting a commission on the sales of galerie d’art? The answer I received is no, so who is paying for FOPat to act as curator for madame’s art? Do we (the city) have a waiver of liability for all those object d’art in case something happens to them? The answer I got was no. So unless we (the city) get a waiver of liability, the art should be removed from the city offices and the event center! In addition anyone else who wants to display their art should let the city offices know so arrangements can be made to show off their ‘art”
(00:29:51.90) COUNCILMAN KYLE VANDENHUL comments of clubhouse profit and loss statements. True and accurate figures.
(00:30:44.57) LINDA TALBOT – city office cameras should be on all the time citing a time when Wanda was verbally abused.
Approval of second reading of meeting date change. Motion by Councilwoman Peeples, second by Councilwoman Reppe with no discussion vote X5 Ayes
(00:34:51.83) AGENDA ITEM #7 – 5O5 OFSTAD AND 204 OFSTAD PARCELS (00:43:23.97) Motion by Councilwoman Reppe, second by Councilman Vandenhul to approve sale of 505 Ofstad to HRC for $15,000.00 and the city provides the cost of utilities ($12,500.00) to exterior wall of the home. Vote X5 Ayes Approved. (00:45:11.43) Motion by Councilman Vandenhul, second by Councilwoman Hatle to approve the sale of 204 Ofstad to HRC for $10,000.00 with the city to provide the cost of utilities ($10,100.00)to exterior wall of home. Vote X5 Ayes Approved.
(00:45:54.03) AGENDA ITEM #8 – POLICE DEPT. – Police Chief Jared Thompson gave an update on the department concluding with the hiring of Kyle Kleinschmidt as full time police officer at $19.38/hour(00:52:46.27)VoteX5 Ayes –Approved and the hiring of Issac Sauder as part-time police officer at $19.38 /hour (00:53:21.30) VoteX5 Ayes – Approved.
(00:53:53.03) AGENDA ITEM #9 ONE TIME BURN AUTHORIZATION – Alcester Golf Course. Motion by Councilman Vandenhul, second by Councilwoman Hatle, no discussion. Vote X5 Ayes. Approved
(00:54:35.23) AGENDA ITEM #10 SURPLUS PROPERTY 1994 TRIAX FLATBED TRAILER VIN 1828RC050445 (00:58:18.90) Motion by Councilwoman Reppe, Second by Councilwoman Hatle, no discussion. Vote X5 Ayes – Approved.
(00:59:02.63) AGENDA ITEM #11 PREMIER BANK ACCOUNT SIGNERS Vote X5 Ayes Signers Mayor Driesen, President of the Council Darla Reppe, Councilwoman Cyndi Peeples, Finance Office Abbigail Moore and Finance Office Patricia Jurrens.
(01:00:57:10) AGENDA ITEM #12 OLD AHHS BUILDING CITY OWNERSHIP QUESTION TABLED
(01:02:22.00) MAYOR DRIESEN EXCUSED HIMSELF FROM THE MEETING AND TURNED THE MEETING OVER TO COUNCIL PRESISENT DARLA REPPE. 7:40 P.M.
(01:07:39.53) AGENDA ITEM #13 – GOLF COURSE CENTER – Presentation of Rules (01:17:57.53) Councilman Vandenhul explains the pros and cons of signs to locate the golf course.
c) (01:26:15.83) Approve paying $81,410.40, IPT, WW Construction Services, Secog, $15,000.00 Administrative services (sewer fund) Motion Councilman Vandenhul, Second Councilwoman Hatle, no discussion Vote X5 Ayes -Approved.
d) (01:28:35.83) Approve Motorola Solutions, patrol car radio $7,859.25 General fund. Motion Councilwoman Peeples, Second Councilman Vandenhul no discussion Vote X5Ayes, Approved.
e)(01:29:51.70) Approve Golf $5,000.00 2 golf carts trade. Motion Councilwoman Hatle, Second Councilwoman Peeples, no discussion Vote X5 Ayes, Approved.
f) (01:30:57.27) Approve ADG $1121.23 door repair expense shared with Industrial board. Motion by Councilwoman Hatle, Second by Councilman Hedden, no discussion, Vote X5 Ayes Approved.
g) (01:32:09.77) Approve SDML School for FOPAT and Abbigail Moore Finance Office. No monetary amounts attached to the request. Motion by Councilwoman Peeples, Second By Councilwoman Hatle, no discussion Vote X5Ayes Approved.
h) (01:35:02.53) 2023-2024 Malt Beverage license. Motion by Councilman Vandenhul, Second by Councilman Hedden, no discussion, Vote X5 Ayes, Approved.
(01:39:26.30) AGENDA ITEM #15 – EXECUTIVE SESSION IF NEEDED NOT NEEDED
The April 3, 2023, meeting of the Alcester City Council was moved at the last minute to April 4, 2023, due to a lack of quorum. The rescheduled meeting called to order on April 4, 2023, by Mayor pro-tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle VandenHul and Councilwoman Cyndi Peeples. Austin Felts was the Attorney in attendance due to the absence of Sam Nelson, Alcester City Attorney. The council and gallery recited the Pledge of Allegiance.
(00:38.63) AGENDA ITEM #3 – APPROVE AGENDA – Approval of the Alcester City Council agenda with change to add an executive session to Agenda Item #11 Police Department to discuss candidate for Alcester Police Chief. Vote X3Ayes.
(00:02:48.77) AGENDA ITEM #5 – BID APPROVAL /AWARD BID BANNER ENGINEERING –Tanya Miller Representative of Banner appearing. Motion was made by Councilman Vandenhul with second coming from Councilwoman Reppe to approve the bid award to Industrial Process Technologies for the amount of $5,358,000.00. Vote X3 Ayes.
(00:08:18.43) AGENDA ITEM #6 -HRC- JARED DRIESEN – DISCUSSION
(00:29:08.60) AGENDA ITEM #7 – 1 MORE BAR JULY STREET DANCE –
Approval for change in date to July 29.2023, due to the change in bands. Vote X3 Ayes
(00:34:42.80) AGENDA ITEM #8 – PUBLIC INPUT –
VICKIE LARSEN (00:34:48.60) I spoke to the flow altering road over the creek on the southern border of Alcester, the annexation described as Lot D- SE 28-95-49 was originally platted as being 408 ft X 300 ft as described in D.R. 30-635 and 36-380, but actually is 307.5 X 300 ft as occupied west of Iowa Street and north of South. (FCS site) The Union County Commissioners Resolution 2016-001 approval which included the amendment , “…to include all adjoining roads…”and its consequences for the tax payers of Alcester. (00:37:17.00) I spoke to the misinformation placed n the Alcester city website which announced a Notice of Quorum for conducting interviews. In that Notice of Quorum it was stated Interviews will be conducted on: Monday, April 3, 2027 1 pm. I presented each of the council a copy of that notice and I pointed out the date error. (00:37:49.47) Alcester hiring managers for City owned businesses and past lessons learned. At some point Alcester decided to run their own bar and hired a manager to run the bar for them. Long story short, the bar began to lose money, the city council members had to do an inventory of liquor stock in a non-air- conditioned building. As I understand it, opened bottles of liquor were lined up on the pool table and the bottle was held up to the light to guess-ti-mate how much liquor remained in the bottle for inventory purposes. According to the story tempers flared, the mayor quit (according to the story) and those remaining council members came to the decision, NO-MORE-MANAGERS in Municipally owned enterprises. Lease only Bar operations. After hearing that tale, my stance is sell the bar and lose the albatross around the city’s collective necks. At the conclusion of my remarks I walked a copy of the County Resolution to the acting city Attorney. At this point (0:41:10.37) FOPAT pushes back on my criticism of error on the city website which lies within her duty to maintain accurate and complete information and resulting confrontation. I had copied the document I referenced from the website and placed it at each council person’s seat in advance of my remarks. As FOPAT came toward me waving her notes, I pulled the document from the table in front of Councilman VandenHul and held it up for FOPAT to read.
I will make an opinionated comment here, FOPAT is now earning $25.00 per hour, perhaps she should actually perform her duties as Finance Officer instead of underwear shopping, measuring lap napkins, telling the police force how to do their jobs to the detriment of the maintainability of our police force and acting as interpreter between the council and legal counsel. Oh by the way, she did manage to delete all those Notices of Quorum ’cause they are no longer on the website. However the council still have their copies of the document, as do I. Amazing. Reminds me of a song written by Percy Mayfield, performed by Ray Charles, hit number 1 on the charts in 1961 upon its release and titled, “Hit the road Jack.” Or maybe a re-write of the lyric, Hit the road FOPAT and don’t cha come back no-more, no-more. H-m-m?
RHONDA BUSHBY (00:42:03.63) Commentary on the community center and its operations.
KENDRA HATLE (00:45:50.10) Commented on hearing results of input questions addressed to the council and have some type of public response to investigation of those issues presented during public input. Emphasis on ive-streaming council meetings so those who cannot attend can see the council in action.
COUNCILWOMAN DARLA REPPE (00:52:59.63) Commented on a question posed to her by a constituent concerning the police office and a past police officer walking into the police building. I would comment here that keys to the police office were to be handed to either the sheriff’s office or the DCI to maintain the integrity of any evidence stored within the evidence locker in the police department building. Obviously FOPAT should not have a key because she is not in the chain of custody.
MAYOR PRO-TEM LUKAS DRIESEN (00:53:43.07) Comments on Outdoor Warning System i.e. Weather Sirens. These can be activated by the local fire department as well as Union County can remotely activate those emergency sirens.
(00:55:44.10) Mayor Driesen respectfully requests residents to remove trash receptacles from the city streets as soon as possible after trash collection to help keep the streets clear and safe.
I (Vickie)would add my opinion here on the point of the trash cans. In my travels I have been through many municipalities and I notice the trash receptacles in their streets. Two things I notice: One, when the receptacle lids are not down and latched with garbage leaking into the streets and onto neighboring properties. Two, when the receptacles are left all week to stand in the streets like little blue outhouses putting a “bad smell” (analogy) to the community’s public image.
(00:56:21.77) AGENDA ITEM #9 – COMMUNITY CENTER UPDATES – LANDON NYGARD AND KELSEY ERICKSON
Manager Landon Nygard gave an update to the operations of the community center with regard there is now a nightly special, two video machines have been installed, talks are in the process to establish a facility website and signage.
There was also discussion on age for driving golf carts on the course, under age golf cart operators in general and steps the council can take the concept of “fast ‘n’furious” out of the golf cart operations within the city limits. Suggestions ranged from expulsion from the golf course for under-age non-golfers operating family golf carts on the course and city streets, liability waiver signed by parents who allow their under-age drivers to drive on the golf course and accept personal liability for any tortuous actions by those unsupervised young drivers.
2023-03 RESOLUTION REPEAL 2.5 POLICE POLICY Motion was made by Councilwoman Peeples, Second Councilman VandenHul and with no further discussion vote was taken Vote X3 Ayes Approve the repeal and removal of On-Call time and Pay from the City of Alcester Police Policy and Procedure Manual.
2023-04 RESOLUTION REPEAL 5.6 POLICY PERSONNEL MANUAL 2020. Motion was made by Councilwoman Peeples, Second Councilwoman Reppe with no further discussion vote was taken. Vote X3 Ayes Approval of the repeal and removal of 5.6 section of the City of Alcester Personnel Manual.
(01:12:41.67) AGENDA ITEM #11 – POLICE DEPT.- Executive session to discuss candidate police chief Jared Thompson at 7:12 P.M. out of executive session at 7:24 P.M. Motion to hire Jared Thompson at $27.00 per hour effective immediately upon his acceptance of the terms of hire as Chief of Police of Alcester. Vote X3 Ayes
(01:13:16.73) AGENDA ITEM #12 – WASTEWATER FACILITY UPDATE AND INVOICE APPROVAL – Motion to approve $18,417.55 Engineering fees to Banner Engineering. Vote X3 Ayes.
(01:14:10.87) AGENDA ITEM #13 – COUNCIL MEETING DAY CHANGE Motion made by Councilman VandenHul, Second from Councilwoman Peeples to move regular meeting days from the First (1st) and Third (3rd) Mondays of the month to the First (1st) and Third (3rd) Tuesdays of the month. Vote X3 Ayes
(01:16:45.90) AGENDA ITEM #14 – FINANCE OFFICE UPDATES – Approval of March warrants. Motion by Councilwoman Reppe with second coming from Councilwoman Peeples. Vote X3 Ayes
(01:19:31.53) AGENDA ITEM #15 EXECUTIVE SESSION IF NEEDED – Not needed
The March 20 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Kyle VandenHul and Councilwoman Cyndi Peeples . Attorney Austin Felts was in attendance with Alcester City Attorney absent. The council and gallery recited the Pledge of Allegiance.
(00:00:36.93) AGENDA ITEM #3 – APPROVE AGENDA – Approval of the Alcester City Council March 20, 2023, meeting was amended with the deletion of Agenda Item #5 Community Center Update. Councilwoman Cyndi Peeples moved to approve with the deletion, Second to the motion came from Councilwoman Darla Reppe. Vote X3Ayes.
(00:01:21.03 AGENDA ITEM #4 –BOARD OF EQUALIZATION MEETING- Folks it is here where our legal advisor appears to have failed to advise Mayor Driesen on procedures and form.
Form
The Mayor opens the meeting of Board of Equalization stating time and date.
Take notes of this meeting
Identify and Introduce applicant requesting change in assessment.
Identify the property location and description for which the change in assessment is requested.
Verify the proper forms and dates of application are within the time frame set for request for review and change.
Listen to the reason for appeal, the supporting arguments and input for change in the assessed valuation.
Discussion between Board of Equalization and applicant.
Board of Equalization with no further business before it, the Board votes to accept or deny and recommend their decisions to the City Council. Upon this vote, the Mayor declares the Board of Equalization adjourned, stating the time of adjournment.
Mayor reconvenes the meeting as the City Council where the City Council votes to accept the decision of the Board of Equalization or deny the decision of the Board of Equalization.
If the municipal Board of Equalization has made any changes in the assessment, the City Council then documents the details of the change decision to the County for review and acceptance.
While Mayor Driesen did state the time 6:01 p.m. as the time to begin, he did not announce the meeting had changed from Council meeting to the meeting of the Board of Equalization. Mayor Driesen did identify the applicant, the description of the property, and the assessed value of that property and verified the petition was indeed filed in a proper and timely manner. In last night’s meeting Mr. Doyle Fickbohm addressed the City of Alcester in its guise as local Board of Equalization. Mr. Fickbohm presented his argument for reduction of assessment and the Board/Council considered his presentation and request for reduction in valuation. After discussion the Board eventually agreed to reduce his property valuation to $62,510.00. (00:21:49.10) At 6:23 p.m. Mayor Driesen declares the local Board of Equalization adjourned. (00:23:15.33) However Mayor Driesen needs to declare and reconvene the City Council, voice the recommendation of the Board of Equalization findings, take a vote to present those findings to the county level of the Board of Equalization. This was not done, the legal advisor failed to advise the follow through on procedure. While some would argue this is repetitive action, but failure to follow procedure could result in revocation of action because there was confusion which entity was making the decision or declaration.
(00:) AGENDA ITEM #5 – COMMUNITY CENTER – DELETED
(00:23:30.23) AGENDA ITEM #6 – PUBLIC INPUT –
(00:23:39.10) VICKIE LARSEN – reiteration of my position on the proposed city platting and zoning action relating to FSC Zoning and the ever growing silence on the (#66CIV22-000048) FCS Lawsuit against the city.As well as the name of Officer on duty when I made a 911 call regarding to reckless driving so I could contact him and give him information on what I witnessed.
(00:31:22.70) COUNCILWOMAN DARLA REPPE – Reported on questions asked of her: a woman asked Councilwoman Reppe, “…how do we know if there is any follow up on complaints to the city…?” Burkes, Burke’s taxes and South Dakota Senator Jim Bolin. Councilwoman Reppe reported she had contacted Attorney Austin Felts and Senator Bolin and after some research of the facts and details of the issue Senator Bolin declined to take any action. Councilwoman Reppe also reported she had been contacted by parents of potential pool personnel with concerns relating to the disciplinary issues of misbehavior of children at the pool with the take home being, “…if the city did not support their employees in these disciplinary situations, they (the parents) were not interested in allowing their kids working at the city pool. Councilwoman Reppe said she was also contacted by a resident concerned about the 1 More Bar regarding trash around the building. Councilwoman Reppe brought up the Agenda Item relating to the FCS Plat and Zoning described her contacts regarding this issue.
(00:37:20.60) DAVID LARSEN – Golf Course vs. Community Center. Advocating separating the golf course from the community center. I agree whole-heartedly. These two entities should be separated into two departments and annual profit/loss statements be generated. While Mr. Larsen did not bring up the old golf course building and storage shed, I would like to take this opportunity to speak to the surplus-ing of the property which houses the old golf clubhouse and storage shed.
THE CITY NEEDS TO HANG ON TO THE LAND
for possible future expansion need.
(00:41:19.43) MAYOR DRIESEN – Folks have expressed a desire to have live-streaming of the council meetings. (00:41:54.90) ATTORNEY FELTS – made comments but was speaking too softly for anyone to hear.
(00:42:10.93) AGENDA ITEM #7 – GOLF COURSE – Approve spending $12,000.00 payment from second penny sales tax fund for Reel Mower from Purple Wave Auction. Approve advertisement for golf course vacancy: Grounds keeper, 30-40 hours from April thru October at. Motion was made and seconded to approve advertisement. Vote X3 Ayes. Comment was also made to get rid of co-manager situation and have only one manager. Approve spending $15,000.00 for a Reel Mower, Councilwoman Darla Reppe made the motion, Councilman Kyle seconded the motion and Vote X3 Ayes.
(01:00:44.33) AGENDA ITEM #8 – STREET DEPARTMENT – APPROVE $14,200.00 Payment to Black Star ACA, LLC for 2005 Caterpillar CB- 224W smooth drum Compactor. Approve Caterpillar Compactor $14,200.00 which includes 5% administrative fee plus $1,000.00 delivery fee. Asks to move over another $2500.00 for the packer. Motion by Councilman VandenHul, second by Councilwoman Peeples. Vote X3 Ayes.
(01:05:20.50) AGENDA ITEM #9 – LEGAL UPDATES -Presented by Attorney Austin Felts in the absence of City Attorney Sam Nelson/Austin Felts. Mr. Felts introduced motion to get rid of the ON-CALL time in the Police Policy Manual 2.5 Delete and or strike 2.5 Will need 21 days to for amend the manual by resolution. Motion to amend the Employee Personnel Policy Manual with the deletion/strike of 5.6. Motion to approve a Police Limited Liability Agreement in writing to be signed by PD Employees and a representative of the City of Alcester. Motion was made and seconded with Vote X3Ayes.
(01:14:20.13) AGENDA ITEM #10 – WASTE WATER FACILITYPLANT UPGRADE – Bid opening to be reviewed by Banner representative Tanya Miller 04/03/2023 meeting. State Water Board delayed acceptance vote .
(01:17:19.93) MOTION TO CONVENE THE PLANNING AND ZONING COMMISSION, SECOND AND VOTE x3 AYES.
(01:17:50.47) Attorney Felts states, “… I have had a chance to discuss with Sam ,,, uh about this,,, uh…the entirety of these two lots is within city ‘jurisdiction’…uh…so the agreement is as of now…is when this is re-platted the Farmers Coop will transfer the southern lot to…the south side of the ‘ditch’ area…u-u-h…this requires city approval because its within the ‘entirety of the city limits’…To our knowledge there is nothing that’s outside…in addition it would be our opinion that…uh…even though it could be considered a waterway its…uh…entirely private property, there is no public utilities, there’s no easements or anything …uh…that provide access to the public through this…there is no use or anything that would…uh…instead classify this as a river or a street or something that the city has to provide access to…uh…the only thing I’ve seen and on the plat specifically identified as center line of ditch…”
Mr. Felts I will address your arguments for the platting and zoning of this issue. I will not use the terms of Our or We ’cause there is thankfully only one of me, I think. The only thing I can think of that would constitute myself in terms of Our or We, is lint in my pocket, an errant loose hair on my shoulder or piece of food left-over from lunch on my front.
So here I go. Going with your use of city jurisdiction. Using the definition of ‘Jurisdiction in rem’ which is what you appear to be grasping at, “…Power of a court over a thing so that the judgement is valid as against the rights of every person in the thing, e.g. a judgment or decree of registration of title to land…” (Henry Campbell Black, Black’s Law Dictionary, Abridged Sixth Edition, Centennial Edition 1891-1991, page 595, WEST Publishing Company, 1991, St. Paul, MN ) In this case you appear to be applying the power of a ‘municipality due to its proximity to a spot of land’ has control over the land.
Next you apply the prejudicial term of ‘ditch’ to the meandering waterway feeding into Brule Creek. The water way you describe as a ditch often resembles a long dug out trench in drought years.
Now onto your opinion that the creek is within the entirety of the city limits is erroneous in substance and in theory because from the 1957 survey conducted by Edward K. Mather’s survey of Alcester city to Mr. Lawrenson’s Survey of Alcester is subject to interpretation, who hired him and the wages of time. One surveyors opinion over another’s opinion.
You mention access to the water way. You can be forgiven for ignoring access from the creeks head or its delta. I can take my kayak and put in at the head waters of the creek and as long as I have enough water to float my boat (navigable is the word the state uses) I can traverse the creek without access from either bank.
Mr. Felts the state of South Dakota defines water way or creek as, “…South Dakota statutorily defines navigability by stating that “a stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years.” (South Dakota Codified Laws §43-17-34)
In conclusion just having a center line in a water way does not mean it is private property and allows some clog-footed, knuckle-head from damming it up.
Owner ship and responsibility of the culverts at the juncture of Iowa Street and South Street is dependent on the ownership of Iowa Street. It was my information per Ray Roggow, Public Works Admin. those culverts were put into place by the County. In addition February 4, 2016, with regard to the annexation of the property formerly owned by Bill Boyer, the Union County Commissioners approved the annexation with the amendment to that annexation, “…including all adjoining roads…” So according to the UCC 2016-001 Alcester is responsible for the roads adjourning the annexed property.
Lastly and in addition, the procedure for the Planning and Zoning Commisson follows the same procedural order.
The Mayor convenes the Planning and Zoning Commission
Take notes of this meeting
Identify and Introduce the Zoning changes, Identifying the property locations and description of changes and the Platting of those changes
Verify the proper forms and dates of application are within the time frame set for request for review and change.
Discussion of the Planning and Zoning
Planning and Zoning recommends approval of the changes discussed with Motion, Second and Vote.
Planning and Zoning Commission adjourns stating the time of adjournment of the Planning and Zoning Commission.
City Council re-convenes and either accepts or denies any or all parts of the zoning changes. Motion, Second and Vote is made accepting or rejecting the zoning changes and presenting any changes to the County Commissioners for their approval.
Council moves to approve the change. Motion, second and Vote X3 Ayes
(01:38:03.20) AGENDA ITEM #12 – POOL MANAGER – ABIGAIL MOORE – Motions to approve hire for 2023 pool staff. Motion to hire Peyton Meyer. at $14.00 per hour. Vote X3 Ayes
(01:40:02.47) AGENDA ITEM #13 – 1 MORE BAR REPAIRS – Approval to spend up to $2000.00 for plumbing repairs and $1000.00 scrap removal plus dumpster rent. Motion, Second and Vote X3 Ayes
(01:42:34.80) AGENDA ITEM #14 VOLUNTEER ROSTER – Motion, Second and Vote X3 Ayes
The March 6, 2023, meeting of the Alcester City Council was called to order by Mayor pro tem Lukas Driesen at 6:00 p.m. with Councilwoman Darla Reppe, and Councilman Kyle VandenHull. Councilwoman Cyndi Peeples participated via telephone with both City Attorney Sam Nelson and Attorney Austin Felts absent. The council and gallery recited the Pledge of Allegiance.
(00:02:18.90) AGENDA ITEM #5 – CONTRACT AMENDMENT # 2 BANNER ENGINEERING – This contract amendment #2 had three parts 1) Second rebidding services due to failure on the city finance office to publish and advertise bids for the project. 2) Construction phase to begin 2023 through 2024. 3) Construction observation. Ms. Miller, Banner representative stated the re-bid process would have happened anyway. Cost of this re-bid $17,100.00. Ms. Miller, Banner representative added an administrative cost for labor and mileage encompassing 244 trip between SF and Alcester. Cost of administrative labor, mileage and etc. is $24,500.00. Ms. Miller, Banner representative quoted a final observation cost of $18,300.00. The amended and additional costs of the project totaled $59,900.00, Allegedly 70% of the project cost is in grants, Arpa funding and Covid funding with 30% left to taxpayers? Vote X3 Ayes.
(00:10:27.30) AGENDA ITEM #6 – 1 MORE BAR – SPECIAL PERMIT – Augustine LaFramboise. Seeking special permit for street dance event. After some discussion the motion was made to allow the permit with the contingency 1 More Bar provide liability insurance. Vote X3 Ayes.
(00:12:46.17) AGENDA ITEM #7 – PREMIER BANK JAIMEY SCHEMMP – DISCUSSION Mr. Schempp addressed the council outlining the bank’s plan to add drive-up teller access along the east side of the bank which would take away six (6) parking spots on the west side of Iowa street. After Mr. Schempp’s remarks he asked for questions and input from the council. The council members listened to Mr. Schempp’s outline and were concerned with the reduction of parking spaces asking for examples of this type of teller access on an active street within a municipality. This was merely a discussion and explanation of plans with no action taken.
(00:25:30.97) AGENDA ITEM #8 – STREET UPDATES LONNIE jOHNSON – BUDGET CHANGES – Gist of this issue is the proposed purchase of an asphalt paver and asphalt roller to effect more efficient building and repair of our city streets. The question put to the council was Chip option versus Asphalt? Chip seal was not as long lived but considerably cheaper than asphalt. Asphalt provided a longer life and smoother streets. The idea of purchasing paving machine and a roller out-of-the street budget was presented with the argument than the projected cost of used machines would equal to the cost of Four (4) blocks of “contracted” paving. Summarizing that purchasing the machines would be the same cost as a one- time, Four (4) block contract paving. Two pavers were mentioned in Mr. Johnson’s discussion were a Cummins Paver with 3044* hours priced at $37,900.00, a Bomag ProPaver with 1860* hours priced at $34,500.00 and a Roller 2017 with 651* hours at $10,500.00. Total cost high end $48,400.00 to low end $45,00.00 depending on as-is inspection plus delivery costs. Motion was made and seconded to amend the Street Department Budge to support the purchase of this equipment at the $48,400.00 cost plus delivery costs. Vote X3 Ayes.
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(00:44:46.20) AGENDA ITEM #9 – PUBLIC INPUT (00:44:53.43) Rich Akland – Announced a Pickle Ball Tournament April 1, 2023, partial proceeds to benefit the Golf course. (00:47:19.43) Mayor Pro-Tem Lukas – Announced a third (3rd) installment of $25,000.00 donation presented to him by Jerry Joachim. Mayor Pro-Tem Lukas also announced the bar basement had been cleaned out, found mold present and the city was in the process of taking care of that and Mayor Pro-Tem Lukas has received a complaint by a party on Broad Street of a very large pig and the complainant did not think that was proper. (00:48:04.80) Vickie Larsen – Addressed concerns of a possible conflict of interest by our legal representative offering legal advice to Burkes regarding their demand of property taxation return. I also addressed resident concerns on quorums maintained or not maintained in council meetings. Some of these concerns came from former council persons and mayors. Finally I addressed the Plat and Zoning of a water way south of the FCS property. While searching statutes, erosion controls and so forth as it applies to the creek which runs along South Street westward outside of city limits, I discovered a civil lawsuit launched by FCS against the City of Alcester and Land Owners south of the property annexed into the city borders around February 2016. This is a civil lawsuit #63CIV22-00048 Titled FARMERS CO-OPERATIVE SOCIETY Plaintiff vs. City of Alcester and other co-defendants. It appears that FSC is laying claim to a strip of land running west of Iowa Street, extending from the two large culverts in the juncture of Iowa Street and South Street. Now Folks this would be an extension of South Street but for the fact it is a water way. SDLRC 11-2 Water Rights- “In South Dakota all water is the property of the people and the right to use of that water through…”
A-N-D WHY? were the residents of Alcester kept in the dark about this lawsuit? This was filed in 2022 during the reign of Mayor Haeder. Attending documents indicate service documents and receipt of service documents, nowhere did I find any negotiations and it appears this issue is still pending.
(00:53:56.57) Public comment on Public comment? lol
The lawsuit to which I referred is a civil lawsuit allegedly to quiet a title but might give FSC the idea they can re-route water flow and take advantage of moving boundaries to benefit them.
Much like what happened with Carter Lake in Iowa. The Missouri River changed its course creating an orphan community on the west side of the river when the two nearby cities of Omaha and Council Bluffs wanted no part of providing any services to it. Finally Carter Lake was adopted by the state of Iowa in 1930 and it remains in Iowa to this day. A small exclave surrounded by Nebraska and suffering legal chaos, two Supreme Court rulings as reported by John Schreier in his article, “Carter Lake’s colorful, confusing history”. https://cityofcarterlake.com/departments/city-hall-department/history/
(00:57:13.23) Gordon Richard asked the question he had been asked by community members. why is the bar never open?
(00:58:59.27) AGENDA ITEM #10 – GOLF COURSE – DISCUSSION OF VACANCY ISSUE TABLED NO ACTION
(00:01:02:35.37) AGENDA ITEM #11 – LEGAL UPDATES ATTORNEYS FELTS AND NELSON? NO SHOW
(00:01:02:43.57) AGENDA ITEM #12 – WATERMAN BILL APPROVAL – $1240.82 Restroom repair at the bar. Vote X3 Ayes
AGENDA ITEM #13 – ORDINANCE 2023-02 DISCRETIONARY TAXATION OF REAL PROPERTY SECOND READING ERROR HELD OVER FROM PREVIOUS AGENDA IN ERROR.
(00:01:05:46.17) AGENDA ITEM #14 PLAT MAP APPROVAL Plats of Lots 1 & 2 south Addition, An Addition in the Southeast 1.4 of Section28, T95N, 5thPM, City Alcester, Union County, South Dakota . Movement into Planning and Zoning Board did not happen. Discussion continued with regard should annexation happen before platting land outside of city limits.
A Voice from the Gallery 