Mayor, President, and Vice President The chief executive officer of a first or second class municipality under the aldermanic form shall be a mayor. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance (§9-8-1).
The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie as long as the vote does not create a liability or appropriate money. He shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed. He shall annually and from time to time give the council information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. He shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money (§9-8-3). The veto, with written objections, must be filed with the finance officer within ten days after final passage (§9-19-10). The vetoed ordinance or resolution must then be presented by the finance officer, with the mayor’s written objection, to the council at their next meeting for reconsideration. If the ordinance or resolution passes by a two-thirds vote of all the aldermen, it shall be published and become effective (§9-19-11).
At the first regular meeting after the annual election in each year and after the qualification of the newly elected alderman, the council shall elect from among its own members a president and vice-president, who shall hold their respective offices for the municipal year. The president of the council in the absence of the mayor shall be the presiding officer of the council, and during the absence of the mayor from the municipality or his temporary disability shall be acting mayor and possess all the powers of the mayor.In the absence or disability of the mayor and president of the council, the vice-president shall perform the duties of the mayor and president of the council (§9-8-7).
The February 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, Councilwoman Cyndi Peeples and Councilman Kyle VandenHull, Attorney Austin Felts present and with City Attorney Sam Nelson absent. The council and gallery recited the Pledge of Allegiance.
(00:43.63) AGENDA ITEM #3 – APPROVE AGENDA – Question on agenda item #4 – 1 More bar Approve with no change to agenda. There would be no motions made. Agenda approved with no changes. Vote X3Ayes.
(00:03:32.17) AGENDA ITEM #4 –1 More Bar – Special permit street dance discussion with no action taken.
(00:12:05.37) AGENDA ITEM #5 – PROPERY TAXES – MIKE AND KRISTI BURKE seeking a tax abatement from the city of Alcester to the tune of $11,016.00 plus or minus as a result of their application for Discretionary Taxation which was later described and revised in the 2022 legislationeffective July 1, 2022. language contained in Ordinance 2023-02. Our city attorney Austin Felts was apparently tasked with the justification for allowing the abatement which the city of Alcester had no control and whose legal fees for the time spent on this issue is assessed to the taxpayers of Alcester. The council made no decision at the meeting. My opinion is that the Burkes need to seek redress from someone other than the City of Alcester and seek their own legal counsel. (00:30:21.83) Mike Burke says, “…We feel the city (Alcester taxpayers) owes us…)
LET THE COUNCIL KNOW YOUR OPINION ON THIS.
(00:32:03.13) AGENDA ITEM #6 – PUBLIC INPUT – VICKIE LARSEN (00:32.08.83) Addressed issues concerning having the city attorney do research on behalf of a private individual at city cost? Audi costs (actually the city hall)? Reimbursements to Pat Jurrens in the amount $412.22 which was an overspend of her city credit card? Code of Conduct and application. Pat Jurrens time spent on various boards as representative of the city on city time when a council person could be tasked with the membership on the boards. Finally I requested the Log for the city car. Who checked the car out, What purpose was the car checked out, Where did the car travel and How many miles were put on the car. This is to track how the car is used, who is using it and which department should the cost of the use of the car be distributed. MIKE BURKE(00:37:06.40) asks about council seat vacancies. I would suggest that background checks should be applied to all prospective council seat applicants.
(00:38:16.23) AGENDA ITEM #7 – COMMUNITY CENTER UPDATE LANDON NYGARD/KELSY ERICSON
(00:40:51.17) AGENDA ITEM #8 – GOLF COURSE There was a discussion regarding the old golf course clubhouse. Suggestions of possible AirB&B type dwelling. I would strongly suggest if any type of B&B situation is broached, that inspections as to safety and habitability are required by the city. If these structures are being rented, they must meet all codes and be regularly certified as safe for habitation. Receipt of the resignation of Landon Nygard as golf course superintendent effective March 17.2023. Resignation was accepted by council vote.
(00:54:03.87) AGENDA ITEM #9 – LEGAL UPDATES – AUSTIN FELTS Among the issues discussed were chip seal bids, police policy manual, Closson letter update and At-Large Alderman vs. Wards. I did speak out against this move for the simple fact, we could end up with taxpayers being disenfranchised because their representative was not living in the Ward therefore had no skin in the game so-to-speak.
LET YOUR COUNCIL KNOW HOW YOU FEEL!
(01:00:17.90) AGENDA ITEM #10 – POLICE DEPT. Patrol car storage. At this point the two police vehicles are being stored in the street department building and blocking the immediate access to snow plows etc. Discussion covered the two vehicles should not be stored outside in the street. However other options are available immediately until a garage can be constructed. One option is to store the two vehicles in the golf cart building and another option is to store the vehicles in the Ag. room of the old high school building.
(01:14:08.27) AGENDA ITEM #11 – WATER METER PROJECT CASH FLOW OPTION OVER FOUR YEARS (100 meters per year) Installation would be separate. Emphasis that the cost of this project would be covered by the water fund $186,000.00 and which cost would not be reflected on the taxpayers water bills.
(01:25:16.27) AGENDA ITEM #12 – WASTEWATER FACILITY PLANT UPGRADE Banner Representative Tanya Miller wants a pre-bid meeting with council on February 28, 2023.
(01:26:26.13) AGENDA ITEM #13 – ORDINANCE 2023-02 DISCRETIONARY TAXATION OF REAL PROPERTY SECOND READING Vote X3 Ayes.
(01:29:47.40) 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 This action was tabled due to a question of annexation of the parcels involved. Need for more information.
(01:40:33.00) AGENDA ITEM #15 PREMIER BANK REMODEL CHANGE IN IOWA STREET.
I must apologise here, I had made arrangements to have the meeting video-taped in my absence. Unfortunately those arrangements fell through which I deeply regret and I have no video to present.
KEY ISSUE – Agenda Item #5 Resignation of Dan Haeder as mayor.
The February 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, Councilman Lukas Driesen, Councilman Kyle VandenHull present. Attorney Austin Felts was present in the absence of City Attorney Sam Nelson The council and gallery recited the Pledge of Allegiance. I had heard Councilwoman Peeples was going to be taking part via telephone but since I see no reference in the minutes of the meeting as to her telephonic presence I must assume she was not present and there is a question as to quorum.
It is my understanding Mr. Haeder issued his written resignation on Friday, February 3, 2023, and dodged the meeting on February 6, 2023. President of the Council Lukas Driesen, mayor-pro-tem read Mr. Haeder’s short resignation to the council, a motion to accept the resignation was made, seconded and approved by the council.
Items on the Agenda included item #3 approve the agenda, #4 approve the minutes of the January 9th and 23rd, 2023, meetings, #5 Resignation, #6 Public Input, #7 Wedding Fireworks (no pun intended) #8 Water/wastewater update, #9 Street update, #10 Alcester Golf Course, #11 Police Department Policy manual update, #12 Legal updates delivered by Attorney Austin Felts, #13 Ordinance 2023-02 Discretionary Taxation of Real Property, #14 Finance Office Lights quote, #15 City of Alcester Credit Card Limits, #16 – 1 More Bar Flooring quote, #17 Finance Office updates, #18 Executive Session and Item #19 Adjournment.
Folks the agenda can be seen on the city website as well as the unapproved minutes of the February 6, 2023, meeting.
Folks of Alcester it is time, no it is past time the city live-streams the city council meetings!
SDCL 16-16-18. Oath of attorney–Form and administration.*
“The oath of attorney shall be administered by a justice or judge of any state appellate court or court of general jurisdiction or by a justice or judge of any federal appellate or district court. The form of the oath of attorney shall be in substance as follows:
I do solemnly swear, or affirm, that:
I will support the Constitution of the United States and the Constitution of the State of South Dakota;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with a client’s business except from that client or with the client’s knowledge or approval;
I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person’s cause for lucre or malice.”
The January 23 2023, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilwoman Cyndi Peeples and Councilman Kyle VandenHull arriving 10 minutes late, Attorney Austin Felts present and with City Attorney Sam Nelson absent. The council and gallery recited the Pledge of Allegiance.
(00:01:06.23) AGENDA ITEM #3 – APPROVE AGENDA Prior to the meeting I spoke with council members concerning the placement of Public Input later in the agenda. (00:01:23.53) Councilwoman Darla Reppe responding to my request to move the Public input back towards the top of the agenda. Councilman Lukas Driesen agreed with Councilwoman Reppe. Folks listen to FOPAT’s response to that move. (00:01:41.23) FOPATsays, “…well we have guests here…this is why Imoved it back…other people came in…it’s up to you, but that’s why…that’s the way I had it the way we did…” Who is weFOPAT, the fecal tumor in your right-hand back pants pocket and you?
Folks we have a major problem! It is the mayor’s duty and responsibility to set the agenda for presentation to the council:
SDML “The chief executive officer of a first or second class municipality under the aldermanic form shall be a mayor. The mayor shall hold office for a term of not less than two nor more than five years as determined by ordinance (§9-8-1).
The mayor shall preside at all meetings of the council but shall have no vote except in case of a tie as long as the vote does not create a liability or appropriate money. He shall perform such other duties as may be prescribed by the laws and ordinances, and take care that such laws and ordinances are faithfully executed. He shall annually and from time to time give the council information relative to the affairs of the municipality, and shall recommend for their consideration such measures as he may deem expedient. He shall have the power to sign or veto any ordinance or resolution passed by the common council, and the power to veto any part or item of an ordinance or resolution appropriating money (§9-8-3). The veto, with written objections, must be filed with the finance officer within ten days after final passage (§9-19-10). The vetoed ordinance or resolution must then be presented by the finance officer, with the mayor’s written objection, to the council at their next meeting for reconsideration. If the ordinance or resolution passes by a two-thirds vote of all the aldermen, it shall be published and become effective (§9-19-11).*
NOT, I repeat NOT the city bookkeeper! When the FOPAT decided to place the public input behind issues that would cost money, she robbed the residents who wished to comment on issues which would cost them increased taxes. SHE attempted to rob the residents of Alcester of their voice! Public Input is toward the front the agenda line-up for a reason. Residents want to come in, make their feelings know, maybe get an answer and leave. With Public Input placed later in the agenda, the public is forced to stay and be herded in and out of open session when the council moves into the never-ending executive sessions which typically run from 45 minutes to90 minutes long as is the practice of Mayor Haeder and FOPAT. Folks having spent many of those journeys into isolation in the hallway I can tell you in the past there were not chairs or seats for the public. Lately a rack of folding chairs has been present, but most folks are optimists with the idea an executive session is just a short discussion and they will be rescued from hallway Hades after 10 minutes or so. I have watched folks who wanted to participate or watch the whole meeting through have left in disgust and not return for the rest of the meeting.
We the taxpayers relegated to a position far behind and subservient to “guests” of FOPAT. Oh how I would love to jump up on a table like Sally Field character Norma Rae, raise my hand in protest and holler but alas I cannot physically jump that high. But I can raise my hand and voice in protest. I can holler in print.
Mayor Haeder in the last meeting threatened Mr. Clossen when he dared protest. Mayor Haeder made a statement about three (3) minutes for public input. Really Danny-Boy, three (3) minutes? When you go into executive session a couple hours per each meeting to discuss your 35-40% opinions? Really?
I had delivered to the council examples of other city and public board agenda which listed Public Input in the Item #5 slot. The council moved, seconded and voted unanimously to move the Public Input to the #6 slot of the agenda and then approved the agenda with the amendment. Vote X4 Ayes Unanimous.
(00:03:01.40) AGENDA ITEM #4 – COMMUNITY CENTER UPDATE
a) Updates – Landon Nygard and Kelsey Ericson Why the updates? The agenda already has a line item #Chairperson Updates item f) Golf Course and Community Center. Why the front seat agenda position on hiring, firing and raising wages? Why is Mayor Haeder and FOPAT wasting city council meeting time for routine business matters? WHY do we have to listen to a new menu, taking inventory and what is going on with the building contractors who screwed up and because there was NO oversight the city is screwed for the cost of their failure to do the job right but the now we have to foot the cost of fixing the failure up to code. WOW Now we really and truly have FOMayor and FOPat. Acronym? Failure Of Mayor and Failure Of Pat. (00:03:19.83) Landon Nygard gave the update.
b) Grossenburg Meal Ticket Promo (00:09:20.30) Vote X4 Ayes Unanimous.
c) Executive Session (00:12:37.33) SDCL 1-25-2.1 Personnel Raise for Kelsey Erickson from $15.53per hour to $17.00 hour? In Executive session at 6:13 p.m. Vote X4 Ayes Unanimous.(00:12:41.00) IN AT 6:13 P.M. OUT OF EXECUTIVE SESSION AT 6:38 P.M.
d) Approve modification to 2023 (00:14:55.37) The business coming out of the Executive Session was to Move Lincoln Burke back to dishwasher at a wage decrease to $11.00 per hour and to Increase Kelsey Erickson wage to from $15.53 per hour to $17.00 per hour effective immediate. Vote X4 Unanimous.
(00:16:56.50) AGENDA ITEM #5 – POLICE CANDIDATE – JEFF CONRAD
Councilwoman Darla Reppe asked the question (00:29:04.07) who would Officer Conrad consult or take direction from within the city of Alcester? Listen closely to the response. FOMAYOR says (00:29:31.37), “…Talk to the Finance Officer…” ARE YA Kidding? Ask FOPAT? FOMAYOR are ya really calling open season on this potential police officer by telling him he should ask FOPAT? She is just a bookkeeper! Motion was made and seconded to hire Jeff Conrad as part-time police officer at $18.81 per hour to start immediately. Vote X4 Ayes Unanimous.
(00:35:56.90) AGENDA ITEM #6 – PUBLIC INPUT –
VICKIE LARSEN (00:36:05.67) I spoke to Public Input on the agenda, I spoke to the need to have a permanent Wards map on the Alcester City Website, I spoke to the subject of (00:37:19.93) BWNR – Board of Water and Natural Resources under the Agenda Item #Wastewater Facility Plant Upgrade vote and expenditure which dealt with permission to allow Collection Systems Project Funds to be used for Treatment Facility Improvements Project. I shared that According to an April 14, 2022, article which reported DANR Announces Funds For South Dakota Water And Wastewater Projects where DANR Secretary Hunter Roberts says, “… grants and loans were awarded from DANR’s Drinking Water State Revolving Fund Program, Clean Water State Revolving Fund Program, Consolidated Water Facilities Construction Program, and American Rescue Plan Act (ARPA) funds to the following area projects:
• Alcester received a $250,350 Clean Water State Revolving Fund loan and a $1,418,650 ARPA grant to televise its entire collection system to determine the condition of aging pipe and allow refinement of the areas identified for upcoming sanitary sewer improvements. In addition, this project will include open-cut sanitary sewer replacement in multiple alleys. The loan terms are 2.125% for 30 years…”*
and I spoke to the issue to taking time away from city business in the council meeting to waste it on the community center and its drama and downfalls.
KERRY HEDDEN (00:39:29.13) Mr. Hedden spoke to a possible land trade with Bill Lind in the works or discussions and voiced his opinion. Mr. Hedden also spoke to the disposition of the old golf clubhouse.
TRAVIS ROBINSON (00:42:34.63) Fireworks for his wedding.
(00:49:22.47) AGENDA ITEM #7 – LEGAL UPDATE – SAM NELSON, AUSTIN FELTS Sam Nelson was not present just Mr. Felts. Regrettably it appeared he had been thrown in the deep end of small town city meetings. City Attorney Sam Nelson was away lobbying in Pierre. Austin Felts a 2022 law graduate and new associate of Frieberg, Nelson and Ask received the onerous…Tag your IT! Using an analogy of a young woman arriving at a hospital ER with sharp pains, who told the staff she had been gaining weight like mad and now she has these sharp intermittent pains only to be told, “congratulations you are about to give birth”. Mr. Felts while he wasn’t gaining weight, “felt” the full weight and force bearing down on his shoulders of being a small town legal advisor without a gratuitous heads up.
Direct Deposit approval, Option A or Option B Council discussed both options with input from Mr. Felts. The council elected Option A with a Vote X4 Ayes Unanimous.
Nuisance Update- (00:57:52.27) 307 Iowa Street Mr. Felts outline some options with the most egregious is in my opinion throwing a man out of his home with a ‘writ’ and demolishing the home leaving the man homeless. (01:01:30.03) FOPAT it is not for you to explain the council to City Attorney Sam! (01:02:39.60) FOMAYOR says the neighbors want this taken care of. So did the neighbors write up a complaint or was it FOPAT sending out Geoff Fillingsness on a mission?
(01:07:55.37) AGENDA ITEM #8 – WASTEWATER FACILITY UPGRADE TANYA MILLER Mayor Haeder makes a tenuous start, which explained itself later in this discussion. Allude to a communication breakdown. Really, Banner sent a bid letter for which Alcester resident paid a substantial fee which was to be placed with the Alcester Union-Hudsonite the city’s official paper. (01:08:31.97) The notice-of-bid document was sent to FOPAT, who FAILED to get it to the newspaper for publication. (01:09:06.23) Rebid was not advertised per regulations: ” Advertisement for competitive sealed bids must be published in the newspaper at least twice prior to opening of bids. The first publication shall appear as a legal notice in the entity’s appointed legal newspaper; however the second publication can be in any other legal newspaper in the state. (SDCL 5-18A-14) (AGR 85-24)”
(01:12:46.90)COUNCILMAN LUKAS DRIESEN ASKS THE QUESTION WHO IS RESPONSIBLE FOR THE FAILURE AND WHAT HAPPENS NOW? (01:13:41.20) BANNER REPRESENTATIVE TANYA MILLER ANSWERS THE COUNCILMAN DREISEN’S QUESTION…$59,000.00 AMENDMENT TO COSTS.
SO WHO IS GOING TO PAY?
Mayor Haeder asks for action on the re-bid question at (01:26:24.47) No immediate response. (01:29:38.63) Finally Councilwoman Darla Reppe makes a fateful motion to DO-THE-RE-BID. Vote X3 ayes and X1 nay. (01:33:06.77) Councilwoman Darla Reppe moves to have Banner draft a letter to the Board of Water and Natural Resource to change purpose of funds. (01:33:33.17) Mayor Haeder calls for a second to the motion. (01:33:53.20) NO SECOND TO THE MOTION! (01:34:03.53) AGAIN MAYOR HAEDER CALLS FOR A SECOND TO THE MOTION! (01:34:10.83) COUNCILMAN LUKAS DRIESEN CALLS TO TABLE.
IN REALITY THE MOTION DIED FROM LACK OF SECOND. WHY DID FOMAYOR HAEDER CONSULT WITH LEGAL ON MOTIONS WITHOUT SECONDS. NOW WATCH THE ARM BENDING BEGIN ON OUR COUNCIL. (01:35:10.90) And thus the arm bending. Options none! We cannot afford the project now. FOPAT cost us with her failure, the delays have cost and will cost even more now. In addition to even afford the project we have to ‘give’ important and vital components of a vital project to Alcester and it residents. Listen to the ensuing coercive language used on the council members. Mayor Haeder failed the council because he did not call the motion dead, Mayor Haeder failed the council and the city because he did not reign in FOPAT. FOPAT failed to do her job which cost the city and it residents and not for the first time. Listen to all the time frames, it is like listening and watching a movie when the time of a bomb is clicking down to the blast. (01:36:33.60) You ever hear the expression of nickel and diming. Now you have. We give a bill here, and in a couple of days we give another bill and so on and so on. (01:37:37.30) Councilman Lukas Driesen is hung out to dry by Mayor Haeder’s non-action on the dead motion and by Mayor Haeder’s failure to consult with the attorney sitting at his right hand.
Ultimately the council voted to put the city under the guillotine of bad judgment and process.
(01:38:29.10) AGENDA ITEM #9 – CHAIRPERSON UPDATES This agenda item has proven to be a woeful waste of time. Get a monthly report from the department and hand it to the council for their perusal. In addition combine the street department and water department, hire one department head.
Attorney Austin Felts leaves the meeting.
(01:44:56.13) AGENDA ITEM #10 – ORDINANCE 2022-11 AMENDING THE REVISED MUNICIPAL ORDINANCES ADDITION CHAPTER 1:05 CODE OF CONDUCT Vote X4 Ayes unanimous.
(01:53:54.03) AGENDA ITEM #12 – MOVING CURB STOP 102 BROAD STREET 102 BROAD STREET. NO ACTION TAKEN.
(01:55:47.33) AGENDA ITEM #13 – LIGHTING QUOTE Quotes for replacement the lighting in the city offices. FOPAT has dim bulbs. Question was raised about approaching Jaimy Schemp representative of the owner of the school building for a shared expense. No action taken until that conversation happens.
(02.00:37.07) AGENDA ITEM #14 FINANCE OFFICE UPDATES ELO Audit invoice to be paid. Vote X4 Aye unanimous.
(02:05:01.73) AGENDA ITEM #15 EXECUTIVE SESSION IF NEEDED FOPAT wanted an executive session for personnel-Imagine that. Could it be she is going to hand in her resignation for her $59,000.00 failure? Vote to go Executive session at 8:30 p.m. So much for short Back into open session at 8:52 p.m.
(02:07:09.67) AGENDA ITEM #16 – ADJOURN
I would like to leave you folks with a thought. Finance Officer Pat Jurrens failed to do a simple ad placement which is going to cost the city and its residents in the neighborhood of $59,000.00 I propose the council take the action of deducting the entire cost of $59,000.00 from her wages over the next year and a half. What do you think? Let your council members know.
I would also ask that you folks let our council know how you feel about evicting a veteran who served his country then demolishing his home, leaving him homeless. Get together, support him with help to get the outside of his home into a condition where he will not be harassed within the time frame the council has given him.
TRUTH TRACKING HAEDER STATEMENTS IN VIDEO OF 01/09/2023 REGARDING HIS RISE TO MAYOR
Mr. Closson question, (00:28:04.53) “…How did you become mayor…were you voted in…”
Mayor Haeder response (00:28:07.87) “…actually I was…”
Mr. Closson question, (00:28:17.67) “…was there a special election…”
Mayor Haeder response. (00:28:13.10) “yeah…there was…”
Folks, after the May 4th, 2020, meeting Mayor Tom Glass hand wrote, on a lined sheet of notebook paper that he quit as of May 4th, 2020, and he signed and delivered the document to the (I believe) Finance Officer Pat Jurrens in city office that evening. During that meeting I had made a presentation during Public Input regarding the recall of Mayor Kim Shefte. At that time I presented the council with Headlines which appeared in the May 25th edition of the Alcester Union of the 1) Recall petition filed against Mayor Shefte, Headlines in the June 12th, 2000 edition of the Argus Leader paper 2)Alcester quashes recall, and the Argus Leader article, 3)Alcester Council President to fill in as Mayor dated June 21, 2000, and which in a subsequent city council meeting Mayor Shefte resigned immediately before a second recall petition was to be presented. I explained to the council the first headline dealt with the Recall Petition, the second headline involved the news that our petition was kicked back because it was not specific enough and the third article dealt with the corrections made to the original petition to make it specific, signatures were again gathered and we were re-presenting the petition but just prior to that re-presentation Mayor Shefte quit. After my explanation of the documents I presented to the council I was asked the question, “Is this a threat?” I answered, “No, a promise!”
On May 13, 2020, when I became aware of this notice, I wrote a blog where I pointed out that this resignation had to be accepted by the council. This left Alcester Councilmember David Larsen President of the Council as Mayor Pro Tem until a new mayor would be appointed or elected.
In my May 13, 2020, blog I called for a
Special Election,
No Appointment!
A Special Election!
On May 18th, 2020, (per 05/18/2020) approved minutes*) date of a special city council meeting, Mayor Pro Tem David Larsen called the meeting to order with Dan Haeder seated as the Ward III councilman. Agenda Item #4 notified of the Mayoral and Ward II Vacancy with a) motion to appoint Dan Haeder as mayor until the next election, b) administer Oath of Office and c)advertise vacancies for Ward II and Ward III (Dan Haeder’s council position).
On June 1,2020, Mayor Pro Tem David Larsen called the meeting to order. (Per 06/01/2020 approved minutes*) At 6:35 p.m. and after executive session Alcester City Councilman Dan Haeder resigned his position as Ward III Councilman. A motion was made to appoint Dan Haeder as Alcester City Mayor until the April 2021 election. The motion was seconded and approved with five ayes.
On May 3, 2021, Mayor Dan Haeder called the meeting to order, (Per 05/03/2021 approved minutes*) When the new council was seated at 6:14 p.m. with Dan Haeder taking the oath of Office for Mayor and Cyndi Peeples taking the oath of office as Ward I Councilwoman new council dealt with city business. It is to be noted here (per the approved minutes of March 1st city council meeting), “The City will not host an election in April 2021. Two petitions completed – one for Mayor and one for Ward I.“So Dan Haeder ran unopposed, winning (?) by default.
*These minutes can be found in their entirety on the city website under 2020 and 2021 minutes.
The January 9, 2023, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent. The council and gallery recited the Pledge of Allegiance.
(00:02:11.00) AGENDA ITEM #4 – APPROVE MINUTES OF DECEMBER 5TH AND 19TH, 2022 Approved unanimously X 4 aye votes.
(00:02:56.70) AGENDA ITEM #5 – PUBLIC INPUT
(00:03:04.07) POLICE CHIEF AUSTIN SCHULLER Chief Schuller read a statement to the council announcing his resignation.
(00:06:15.77) VICKIE LARSEN – I spoke to the resignation of both Alcester police officers noting coverage of patrol is not an option with the sheriff’s department. I spoke to the very real possibilities of robberies, assaults and increased drug presence in our community. I spoke to the finance office and our options for a new finance officer, noting we could do an internship with an accounting student or contract with our accountants or the finance officer in another city for oversight while the city replaces the Finance Officer with a suitable candidate. While I did not call for the termination in the council meeting, I now call for the resignation or termination of Finance Officer Jurrens for cause. I spoke to the replacement or recall of Mayor Haeder. In my opinion he is as effective in his duties as chief law enforcement of the city of Alcester as hockey puck and his role as Mayor is not to ride rough-shod over the council, to allow the bullying and retaliatory behaviors as exhibited in his staff. Still using hockey terms his type of failures are usually rewarded with a charge of checking and removal from the ice. So folks we do have the power to remove him by recall.
(00:10:23.10) KERRY HEDDEN addressed the council with his concerns over the budget shortfalls and transfers of money. He asked the question, “…what is going to happen next year…” to which he received an “…I don’t know answer from Mayor Haeder and FOPAT.
(00:17:15.83) BABETTE MERCHANT addressed the council on the loss of our police officers as a resident and as a member of the Alcester Ambulance crew.
(00:22:47.77) HOWARD CLOSSON addressed the council speaking to the treatment and slanderous statements made by Finance Officer Pat Jurrens, threatening letter of Alcester Building Inspector Geoff Fillingsness and the ineptitude of Mayor Haeder. Mr. Closson is the owner of 307 Iowa street property. Mr. Closson is a US Army Decorated Combat Veteran having spent 14 years in the Army, a former Gregory County deputy sheriff and has no criminal record! NOTABLE POINTS (00:25:18.63) Geoff Fillingsness approved a building in Canton which collapsed within days of the approval. (00:28:04.80) Haeders mayoral take over. (00:29:05.13) Officer Lass is ordered by Mayor Haeder to remove Mr. Closson. Officer Lass asks on what charge? Listen to the exchange folks.
(00:29:45.20) RICHARD AKLAND addressed the council.
(00:30:51.63) MAYOR HAEDER addresses a orange sediment in the water complaint.
(00:37:33.77) COUNCILMAN KYLE VANDENHUL spoke to attendance at the meeting.
(00:38:27.43) AGENDA ITEM #6 – FIRE WORKS TRAVIS ROBINSON No show, no action taken.
(00:41:05.03) AGENDA ITEM #7 – POLICE DEPARTMENT Office Lass addressed the council. Listen (00:42:00.63) to Mayor Haeder cast aspersions on the PD, is it any wonder why we no longer have officers to protect us. Who is going to protect us from the Mayor?
(00:46:06.10) AGENDA ITEM #8 – RESIGNATIONS – Motion to accept resignations of Chief Austin Schuller and Officer Grayson Lass. Approved unanimously X 4 aye votes. Further discussion on equipment and advertising for police officers.
(00:01:00:06.37) AGENDA ITEM #9 – LEGAL UPDATES – Sam Nelson Alcester City Attorney ABSENT. NO ACTION (01:01:12.27) Councilman Kyle Vandenhul comments on the absence of the city attorney. Council members discuss seeking new legal counsel or stay with Frieberg, Nelson and Ask.
(00:01:13:22.83) AGENDA ITEM #12 – 2023 OFFICIAL BANK – Unanimous X4 aye votes.
(00:01:14:06.93) AGENDA ITEM #13 – 2021 AUDIT REVIEW – Unanimous X4 aye votes. Mention was made of an increase in fees to do our audit. Mayor Haeder speculates (01:20:49.57) the new rate to do the city audit will no longer be $9000.00 but with the new company will raise by 45% so conceivable the new rate could be $13050.00? WOW!
(00:01:24:58.80) AGENDA ITEM #14 ICE MACHINE Black mold in the old machine, discussion on the purchase of a new machine. Projected cost somewhere around $4691.35. The city needs to sell the bar, it is a money pit the city cannot afford. The rent cannot meet the city expenses. The current lessee had expressed an interest in purchasing the bar. SELL IT. Unanimous X4 aye votes.
a) Payroll approval disc. Need advice from City Attorney Sam no action
b) Warrants (00:01:54:35.03) Unanimous X4 aye votes
c) Workshop 02/06/2023 notification
d) Resolution of Fees 2023 City of Alcester (00:01:56:57.90) Unanimous X4 aye votes.
e) 2023 Municipal Election information* (02:10:12.47)
MAYOR FOUR (4) YEAR TERM
WARD I TWO (2) SEATS OF TWO (2) YEAR TERMS
WARD II ONE SEAT ONE (1) YEAR TERM
WARD II TWO (2) SEATS OF TWO (2) YEAR TERMS*
*ERROR ON NOTICE OF VACANCY … WHERE IS WARD III THIS INFORMATION CAME STRAIGHT FROM THE FINANCE OFFICE DOCUMENTS. SO PAT YA’LL DON’T PROOF THE DOCUMENTS YA’LL HAND OUT?
f) 2023 Salaries (02:14:40.67) Executive session to discuss employees wages (there are no salaried employees in the city of Alcester). (02:15:42.60) Council enters into Executive session at 8:15 P.M. and exits Executive session at 9:21 P.M. Note here, after my camera is shut down Councilman Driesen tells FOPAT she is to leave with the gallery yet she ignores him and remains in the session. Mayor Haeder allows the city bookkeeper in the wage discussion executive session where she has no say or purpose in that session. Unanimous X4 aye votes to accept the 2023 “Salaries”
g) Reminders and updates
(02:23:28.77) AGENDA ITEM #18 EXECUTIVE SESSION NOT NEEDED
(02:23:43.37) AGENDA ITEM #19 ADJOURN MEETING ADJOURNED AT 9:28 P.M.
Folks it is now up to all residents of Alcester, SD take their town back. Through the machinizations of a manipulative, avaricious employee and the total and absolute mis-feasance, mal-feasance and non-feasance of Mayor Haeder we are now without law enforcement. Congratulations Mayor Haeder you managed a HAT TRICK!
Folks, you have the power to remove Mayor Haeder “for cause” and you have the power to demand the dismissal of the Finance Officer, again “for cause”. The agenda can be found on the city website under Agendas 2023. Read the agenda, write down your questions and do not let Mayor Haeder get away with his usual non-answer responses. Raise your voices!
The meeting is Monday, January 9, 2023, at 6:00 p.m. Be there with your voices and votes.
The December 19, 2022, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples present with City Attorney Sam Nelson absent. The council and gallery recited the Pledge of Allegiance.
(00:02:59.63) AGENDA ITEM #4 – COMMUNITY DEVELOPMENT SETH WEILAND Mr. Weiland made a brief presentation after a couple of questions regarding how far along the council was with a community development plan.
(00:15:19.50) AGENDA ITEM #5 – PUBLIC INPUT
(00:15:28.10) VICKIE LARSEN
(00:20:40.53) DAVID LARSEN PUBLIC INPUT
(00:21:59.47) DARLA REPPE PUBLIC INPUT – AT LARGE COUNCIL MEMBERS. Folks you do not want this to happen. Already Ward I and Ward II are not fully represented or equally. You do not want the possibility of having someone not from your Ward speaking for you. YOU need to speak, get with the other members of your Ward. Take control of your votes!
(00:23:37.43) CYNDI PEEPLES PUBLIC INPUT – Ice machine failure at the bar.
(00:25:47.53) MAYOR HAEDER brought up the renaming of Vast to Bluepeak.
(00:27:46.73) AGENDA ITEM #6 – LEGAL UPDATES CITY ATTORNEY SAM NELSON – ABSENT.
(00:32:40.77) AGENDA ITEM #8 – COMMUNITY BLOCK GRANT FUNDING PAPERWORK (0:33:05.03) RESOLUTION 2022-09 FAIR HOUSING UNANIMOUS X 4 AYE VOTES (00:35:17.80) RESOLUTION 2022-10 EQUAL OPPORTUNITY POLICY UNANIMOUS X 4 AYE VOTES (00:37:17.50) AUTHORIZE THE RELOCATION, DISPLACEMENT AND ACQUISITION PLAN UNANIMOUS X 4 AYE VOTES. (00:38:40.17) AUTHORIZATION TO APPROVE CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING UNANIMOUS X 4 AYE VOTES. (00:40:45.50) AUTHORIZATIONTO ALLOW MAYOR HAEDER TO SIGN AN EXCESSIVE FORCE POLICY UNANIMOUS X 4 AYE VOTES. (00:43:37.63) ORDINANCE 2022-11 CODE OF CONDUCT CHAPTER 1:05 TO THE CITY OF ALCESTER ORDINANCES UNANIMOUS X 4 AYE VOTES. The city had to adopt all of these measures to gain grants to fund what…an albatross?
(00:48:39.03) AGENDA ITEM #9 – FUND TRANSFERS – Discussion (00:49:42.37) Listen to FOPAT defend her actions. (00:49:59.30) Listen to Mayor Haeder talk to “camera people” demanding they understand his unfathomable and unplumbed analogies. (00:50:34.50)
MAYOR HAEDER, THE ONLY PAST ADMINISTRATIONS YOU COULD POSSIBLY KNOW OF ARE THOSE OF YOUR TWO PREDECESSORS GLASS AND JOHNSON WHO WERE AS CLUELESS AS YOU WHEN IT COMES TO SENSIBLE GOVERNANCE OF A MUNICIPALITY!
Folks listen to Mayor Haeder blame you for not understanding his vague grasp of municipal finance. He blames you for his and FOPAT’s penchant for recklessly spending your tax dollars. Listen closely. (00:55:47.37) Mayor Haeder, your explanation of the purpose of an enterprises fund is like skydiving and while you are drifting your way down to earth, ya’ll keep cutting the cords that keep the parachute open and your HOT AIR is just ain’t inflating the reality of that sudden stop that is waiting for you at the end of your descent. (01:04:44.03) You really did not just go there. Those two didn’t quit, they could no longer stomach the machinations of FOPAT and you did nothing. It is on you Mayor Haeder! (00:01:07:12.13) MOVING MONEY AROUND FROM ONE ACCOUNT TO ANOTHER. SAY ISN’T THAT WHAT ‘EASY EDDIE’ DID WHILE CONSPIRING WITH AL CAPONE?
(00:01:14:08.23) AGENDA ITEM #10 – SUPPLEMENTAL APPROPRIATIONS ORDINANCE 2022-08 VOTE THREE (3) AYE (Reppe, Peeples and VandenHull) VOTES AND ONE (1) NAY (Driesen)
(00:01:27:48.30) EXECUTIVE SESSION TO DISCUSS SALARIES/PERSONNEL In Executive session at 7:27 p.m. and out of Executive session at 8:42 p.m. (00:01:30:40.73) Mayor Haeder moves on to Agenda Item # 11 (f) Year End Warrants without taking any action or approval of the 2023 salaries. Agenda Item #11(e)(iv) called to an approval of the salaries but Mayor Haeder failed to call for the approval action. So I take it through that failure to call the motion to a vote, no salary changes were approved for the employees of the city? What is going on? We only have FOPAT’s word when it comes to the City Attorney’s advice, she is not an attorney. We are expected to take HER word?
(00:01:34:16.03) AGENDA ITEM #12 – EXECUTIVE SESSION IF NEEDED – NOT NEEDED
(00:01:34:32.23) AGENDA ITEM #13 – GOLF COURSE/COMMUNITY CENTER. Motion to hire Jenna Smith as a cook at a wage of $12.00 per hour effective immediately. Second was made with the motion passing. Unanimously X 4 aye votes.
Folks thereare somequestions we should beposing to Mayor Haeder
and Finance Officer Jurrens:
First the behavior of Mayor Dan Haeder in meetings:
Haeder’s Finance Officer Jurren’s continuing participation as a council member offering up opinions on topics not within her purview of employment.
Haeder’s Public Input during the December 5, 2022, meeting regarding a letter mis-delivered to his residence. His condescending comments regarding a local organization and the measure of its donation to the Alcester Food Pantry as well as his failure to deliver the donation to the Treasurer of the Alcester Food Pantry.
Haeders complete lack of mayoral demeanor and civility to certain members of the public during input. His repeated calling Next…Next…Next when he is trying to intimidate speakers during Public Input. Perhaps if we the gallery would, when Mayor Haeder goes off on a tangential tirade to some analogy known only to him, holler Next…Next…Next when Mayor Haeder causes a-delay-of-meeting. Kind-of-like “the Pot calling weed a drug” or “A shot goose gabbles the most!”
Hey Mayor when is your video gonna hit the website? Can’t wait!
So Mayor are you still pandering the propaganda that the former chef at the Community Center quit rather than was fired a couple of months back? Are you going to do the right thing and retract your aide-de-beurre‘s letter to the unemployment people nixing deserved unemployment?
The Finagling of Funds by FOPAT, the Wrangling of the Water Enterprise Fund, the Shifting of the Sewer Enterprise Fund, Playing Hide-the-Penny of the Second Penny Sales Tax Fund and the Slip, Slidin’ Away of the Solid Waste Enterprise Fund landing in the Hole-in-One Money Pit #453 Golf Course Fund.
$75,000.00 from Water Enterprise Fund – exorbitant fees allegedly to pay for water treatment upgrades just to hand over to the Golf Course? Will it be paid back in time for the west side of town to survive?
$75,000.00 from Sewer Enterprise Fund – again rising rates to allegedly pay for sewer treatment facility upgrades just to hand over to the Golf Course? Will it be paid back in time for the west side of town to survive?
$25,000.00 from Second Penny Sales Tax Enterprise Fund – again the original purpose of this second penny sales tax was for needed Capital Improvements not for general fund wish list. Again Will it be paid back in time for the west side of town to survive?
25,000.00 from the Solid Waste Enterprise Fund – Folks this money is derived from grants and garbage fees for a home for Household Hazardous Waste (HHW), Construction and Demolition Debris and Industrial/Commercial Waste. (https://danr.sd.gov/Funding/EnviromentalFunding/SolidWasteManagement.aspx) Will it be paid back in time for the west side of town to survive?
$200,000.00 total from the above funds which were to provide for Water, Sewer, Capital Improvements (not wish list party venues the average tax payer cannot afford to utilize) and a home for the garbage of the City of Alcester. Nah, these funds are being transfered to what appears to me to be the FOPAT FRAT HOUSE.
What did the Community Center NEED to purchase to have a year-ending debt to the tune of $200,000.00? UPS-Brown, Duluth Shorts for Christman giving? OR maybe Golf Carts to haul us to the poor house? H-m-m?
Why are the council handouts not published on the Alcester City Website so the public can read them? Why is FOPAT failing to get those out for public consumption? H-m-m?
Meanwhile, the west side of town is experiencing rank sewer smell, reports of sewer backup, no curb and gutter, no streets. Folks think about all those ads about Fort Lejeune lawsuits and the circumstances which led to those lawsuits. Evidently Mayor Haeder and Finance Officer Jurrens feel a multi-million dollar community center is a better buy than viable streets, viable sewer system and water systems. The west side of town is in trouble, similar to those homes on the coast which were built on the side of a cliff and erosion has undermined the strength of the houses ability to hang on to the cliff. Eventually those coastal homes slide into the water. Nobody wants to build or upgrade a home on the west side of Alcester, subject to all the fees and maintenance fees when they get nothing in return, their properties do not gain in value because the infrastructure to all intents and purpose has been abandoned by the Mayor and past city councils and they have little or no representation in city hall. AND if they let property maintenance go by the wayside because they do not have the money to pay the fees exacted? WELL the city comes in, deems them a nuisance and takes adverse possession leaving the owners homeless. Listen to the meeting and see who is talking the loudest and pushing the hardest for adverse condemnation.
COME TO A MEETING, ASK QUESTIONS AND FILL THOSE EMPTY COUNCIL SEATS WITH PEOPLE WHO WILL INSIST UPON POSSITIVE ACTION AND NOT A FANCY, PLUSH OFFICE!
The December 5, 2022, meeting of the Alcester City Council was called to order by Mayor Dan Haeder at 6:01 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples and City Attorney Sam Nelson. The council and gallery recited the Pledge of Allegiance.
(00:01:43.87) AGENDA ITEM #3 – APPROVE AGENDA. Agenda approved as written. Unanimous times three (3) Aye Votes.
(00:02:26.67) AGENDA ITEM #4 – APPROVE MINUTES OF THE NOVEMBER 7, 2022 AND NOVEMBER 21, 2022 MEETINGS.
Minutes from the November 7th and November 21st, 2022 meeting were approve as written with no changes or additions. Unanimous times three (3) Aye Votes.
(00:03:11.40) AGENDA ITEM #5 – PUBLIC INPUT
(00:03:18.63) GORDON RICHARD – Mr. Richard notified the council of an upcoming newspaper article regarding action of Union County Commissioners effectively stopping negotiations regarding the sale of the parcels of property described as the Union County Fairgrounds to FCS (Farmers Cooperative Society).
(00:03:48.50) MAYOR HAEDER announced a donation for the Alcester Food Pantry was delivered to his house.
(00:05:04.00) VICKIE LARSEN raised the subject of last meeting council action to declare 505 Ofstad as surplus property and no longer used for intended purpose. The property is zoned residential and according to the projected used was going to be used to place a governor’s house on the property fulfilling the intended zoning purpose of residential. I also noted the ball field and possible cemetery appeared to be zoned residential which seemed to be an oxymoron
(00:07:36.87) FOPAT offered up a comment/response.
(00:08:23.07) AGENDA ITEM #6 – LEGAL UPDATES CITY ATTORNEY SAM NELSON.
No Sam but Mayor Haeder had pictures of 307 Iowa property which has been under discussion since prior to 2020. As the council compared pictures of the property taken in 2020 and recent 2022 pictures and came to the conclusion because nothing significant had been done on the interior Haeder and FOPAT wanted to have Attorney Sam and Inspector Geoff co-write a letter. Councilman Driesen offered up an opinion while the city has had an interest in the exterior he felt the city had no business sticking their collective noses into the interior of the residence. FOPAT offered up an opinion but her bookkeepers opinion was not relevant to the question being discussed. Councilwoman Peeples felt much as Councilman Driesen but did feel that the city should send a firm message to the owner. (00:20:26.83) Consensus is to focus on the exterior!
(00:20:34.70) AGENDA ITEM #7 – POLICE DEPARTMENT Updates and hired Colton Laubach as a part-time officer at the rate of $17.75 per hour (00:35:16.87). Unanimous times three (3) Aye Votes.
(00:36:26.20) AGENDA ITEM #8 – APPROVE FUND TRANSFER OF $13,325.88 (00:37:12.37)FROM PLEASANT HILL CEMETERY MAIN ACCOUNT TO GENERAL FUND FOR ANNUAL EXPENSES (00:38:51.50) Unanimous times three (3) Aye Votes.
APPROVE YEAR END FUND TRANSFERS – $75,000.00 from Water Fund, $75,000.00 from Sewer Fund, $25,000.00 from Second Penny sales Tax and $25,000.00 from Solid Waste Fund for a total transfer of $200,000.00 to the Golf Course Fund.(00:43:35.90) I asked for a copy of the document involved in the computation of the transfers. What I got was a summary not the detailed computation. So much for transparency. I still want all the break downs(00:47:02.33) I commented on the transfer of Water Enterprise Funds and the transfer of Sewer Enterprise Funds to the Golf Course Fund was not in line with what I believed the purpose of the segregation of profits derived from these Enterprise Funds. (00:47:45.13) FOPAT says, “…the auditor never told me…” H-m-m. Then she says (00:47:53.87), “…we did it when Mike was here…” Sorry FOPAT I don’t think so ’cause he explained this action to me back in the day. Isn’t it fortunate for you he is not here to contradict your statement. So Madame FOPAT all those raises in the Water Rates which ostensibly were to fund the Wastewater facility and infrastructure are now being “TRANSFERED” to the Great Alcester Albatross.
Let’s see, THE SOUTH DAKOTA CONSTITUTION , Article XI Revenue and Finance, §11Unauthorized use of public money as felony,“Unauthorized use of public money as a felony. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same of any purpose not authorized by law, shall be deemed a felony and shall be punished a provided by law… Article XIII Public Indebtedness, §4 Debt limitations for municipalities and political subdivisions and §5 Irrepealable tax to repay debt of municipality or political subdivision, “Any city, county, town, school district or any other subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws and ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid.”
Since the Water and Sewer Enterprise Funds were established and provided the profit arising from the water and sewer fees was to be applied, “before the time of indebtedness were being collected to provide for the collection to pay the interest and principal of water and sewer facility…” upgrade indebtedness.
(00:51:39.53)Unanimous times three (3) Aye Votes.
(00:52;17.17) AGENDA ITEM #9 – SUPPLEMENTAL APPROPRIATIONS ORDINANCE 2022-08 Unanimous times three (3) Aye Votes.
(00:53:44.63) Letter from CBDG granting $770,000.00 for Wastewater Facility Upgrade.
(00:54:52.03) Pass/Fail results of Alcester wastewater effluent toxicity. Alcesterpassed on general but Alcester failed on the toxicity portion of the test finding the marine organisms are failing to survive 24 hours after exposure. (EPA Whole Effluent Toxicity Methods,
The November 21, 2022, of the Alcester City Council was called to order by Mayor Dan Haeder at 6:00 p.m. with Councilwoman Darla Reppe, Councilman Lukas Driesen, Councilman Kyle VandenHull, Councilwoman Cyndi Peeples and City Attorney Sam Nelson. The council and gallery recited the pledge of allegiance.
(00:01:11.27) AGENDA ITEM #3 – APPROVE AGENDA
(00:01:40.70) AGENDA ITEM #4 – PUBLIC INPUT
(00:01:48.17) VICKIE LARSEN – Golf Carts being operated by underage kids.
(00:02:46.13) COUNCILMAN LUKAS DRIESEN – Ofstad street complaint of sewer gas smell outdoors and in a home. Councilman Lukas also had an individual contact him about the old clubhouse with the idea of purchasing the building, leaving it where it sits and remodeling it into a residence .
(00:04:46.47) AGENDA ITEM #5 STORM SEWERS SOUTH IOWA STREET. Discussion on the voids in South Iowa Street at and south of the railroad tracks. (00:05:34.37) City Attorney Sam Nelson arrives as Mayor Haeder gives a recap on the initial video process. (00:08:55.70) L.G. EVEREST suggests an Occupancy Permit in an email sent to City Attorney Sam Nelson. 2018 International Building Code which I believe the city of Alcester adopted describes and defines in “Chapter 3 General – 301.1 The provisions of this chapter shall control the classification of all buildings and structures as to occupancy and use…312.1 Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy…grain silos.” However this relates to residential use and not commercial use. What an Occupancy Permit would allow and in my opinion FSC and/or L.G.Everest to make changes and/or repairs to the in-ground culvert originally installed by previous owner Boyer prior to annexation of the FCS property. FCS being the occupant of the property. However in the annexation Union County specifically amended the agreement to read, “all abutting roads”…would become the city of Alcester’s responsibility of care. (00:09:39.23) Who issues the Occupancy Permit Mayor? The City of Alcester? Who? (00:11:44.33) Who sets the parameters, scope of work. limitations of work and inspection to make sure the work does not adversely affect the City of Alcester’s up-line infrastructure? Who oversees and inspects the ‘work’? (00:12:47.00) Banner Representative offers input.
After this information was shared with the council, the council approved a motion to “Seek engineering input on South Iowa Street culvert. (00:18:05.90) Council approves a motion to seek engineering input. Unanimous vote X four.
(00:19:08.03) AGENDA ITEM #6 LEGAL UPDATES CITY ATTORNEY SAM NELSON
(00:19:16.27) DELIVERY SERVICE GRILLE – Proposal to operate a food delivery service from the Grille. Listen to the discussion! (00:19:56.87) By what authority is the Bookkeeper asking for a legal opinion or asking for a waiver from the City Attorney? That is the purview of the Mayor upon the direction of the Alcester City Council, not the bookkeeper. What the devil is the city doing? To ask an employee to deliver food in their own personal vehicle, their own expense, and on their own private insurance, who by the way would probably not be any more willing to insure them than the city’s insurance was willing to insure to this ‘delivery service’! So should the employee be involved in an automobile crash, will they be allowed worker compensation ’cause they were on the job? Not from what I am hearing. Either they are duly employed by the city or they are contract working and they are vulnerable. Waiver or not. It is outrageous the city would even consider such an idiot move. Folks take into consideration if it would be an employee under the age of consent. These youngsters under the age of consent do not have the ability to waive any of their rights unless they have been emancipated. If they have not been emancipated any waiver is null and void and the City of Alcester would be on the hook financially from at least two complaining parties of an injury event. (00:25:35.13) Councilwoman Reppe has received complaints about the ‘Grille’ service. Specifically 45 minute waits for food and then Councilman Driesen commented on a complaint he received where an order for the day’s “special” was missing the fries and the drink and not receiving those missing items. Instead of ‘comping’ the whole meal of $12.00 the “Grille” only knocked off $2.00 from the bill of $12.00. THAT IS NOT GOOD PR! The council correctly dropped the issue.
(00:27:50.73) THE NEVER-ENDING STORY OF THE NUISANCE AT 307 IOWA STREET. Nuisance inspection at 307 Iowa. The City of Alcester is still wasting City Attorney Sam’s legal fees and Property Maintenance Inspector Joke Geoff Fillingsness’ $25.00 per hour fee on this ongoing, ad infinitum nuisance. Three years now?
(00:29:13.40) AGENDA ITEM #7 FAIR GROUND UPDATE Alcester City Attorney introduced emails from County Attorney Jerry Miller questioning how much money the city was willing to fork over for the moving of the County Fair. Why should the city pay anything? It is a county Fair. From the relayed conversation with FCS CEO John McDaniel it is unlikely to pay a commensurate value for the land and the Union County Commissioners are unwilling to foot the bill, it sounds like “Tag Alcester is IT”. Nah (00:30:41.40) As a citizen of Alcester I am not in favor of just handing over Alcester Municipal Property over to FCS or the County Commissioners. We do not have the money for it. As Councilwoman Reppe was questioned and reported about the status of the County/City Fairgrounds (00:37:54.97) a Constituent reported that a Union County Commissioner told them that “…Alcester has no money…” (00:34:35.37) Councilman Driesen quoted a Union County Commissioner, “…that if the fair move affects any Union County taxpayer, they don’t need to go any further.” (00:39:53.50) FCS was annexed into the city and became subject to all the ordinances Alcester residents are subject to.
(00:42:47.60) AGENDA ITEM #8 505 OFSTAD STREET – Discussion to establish 505 Ofstad as surplus property as it is no longer used for the purpose intended. ??? This is residential, albeit it no longer has a house on the property the land is zoned residential. The Council is making noises to sell the residential property or gift it to have a house built or a governor’s house place upon. It is indeed being used for the purpose for which it was zoned, therefore is still be used for the purpose intended. (00:48:31.50) MOTION TO DECLARE 505 OFSTAD SURPLUS PROPERTY. Motion was passed unanimously. Which, in my book of semantics, nullifies the vote to declare it as surplus. So what ‘cha gonna do now? Now there has to be an appraisal committee of three. Approved members of the committee are Councilman Lukas Driesen, Katie VandenHull and David Larsen.
(00:52:05.33) AGENDA ITEM #9 BANNER ENGINEERING – Tanya representative of Banner Engineering introduced the amendment to the bid and the ensuing costs for rebid $15,591.50 bringing the total cost of the project to $511,191.50. Vote taken and approved the additional cost. (00:55:37.47) Unanimous X4 vote.
(00:58:03.73) AGENDA ITEM #10 CHAIRPERSON UPDATE
Street – Councilman Driesen – None
Cemetery – Councilwoman Peeples – None
Water – Councilman Driesen – None
Wastewater-Councilman VandenHull – None
Library – Councilman VandenHull – None
Golf Course/community ctr – Councilwoman Reppe – sales are slow and Sam has resigned as Cook
Park/Pool – Councilwoman Reppe – None
Finance Office – instead of a councilperson chair report Bookkeeper Patricia Jurrens gave a report
Liquor –Councilwoman Reppe – None She state she had not been there.
(01:04:19.03)AGENDA ITEM #11 OLD SCHOOL CENTER –Discussion began with an explanation from Finance Officer Jurrens in the capacity of her secretarial position’ on the Industrial Board.
(01:17:40.23) AGENDA ITEM #12 PAYROLL AUTHORIZATION APPROVAL – Abigail Moore described the process and the council approved the line of hierarchy for approve of the payroll and authorization process. Council approve UNANIMOUS X 4
(01:27:36.53 ) AGENDA ITEM #14 EXECUTIVE SESSION IF NEEDED. NOT NEEDED
(00:01: 27:49.10) AGENDA ITEM #15 GOLF COURSE/COMMUNITY CENTER – HIRE another cook? Approve the hire of Cornelia Hathcoat 16 yrs. at $10.00/hour as Cook Unanimous Vote X4
(00:01:29:06.37) AGENDA ITEM #16 ADJOURN COUNCIL ADJOURNED MEETING AT 7:29 P.M.
A Voice from the Gallery 