l3wis

UPDATE: Sioux Falls Planning Commission passes TIF #23, 4-0

UPDATE: There has been some discussion today with my local government nerds on why the Planning Commission has 9 members but they rarely all show up. In fact, one member’s term was up last April and have not been replaced yet. In the last meeting only 4 members voted throughout the meeting even though 5 were present (the chair wasn’t voting) and over the past year it seems like only 5 members have been voting on things. Ideally you would say that you can only conduct business with a Quorum, 5 or more members, so what does it mean if only 4 votes. Robert’s Rules says this;

64. A Quorum of an assembly is such a number as must be present in order that business can be legally transacted. The quorum refers to the number present, not to the number voting. The quorum of a mass meeting is the number present at the time, as they constitute the membership at that time. The quorum of a body of delegates, unless the by-laws provide for a smaller quorum, is a majority of the number enrolled as attending the convention, not those appointed. The quorum of any other deliberative assembly with an enrolled membership (unless the by-laws provide for a smaller quorum) is a majority of all the members. In the case, however, of a society, like many religious ones, where there are no annual dues, and where membership is for life (unless it is transferred or the names are struck from the roll by a vote of the society) the register of members is not reliable as a list of the bona fide members of the society, and in many such societies it would be impossible to have present at a business meeting a majority of those enrolled as members. Where such societies have no by-law establishing a quorum, the quorum consists of those who attend the meeting, provided it is either a stated meeting or one that has been properly called.

So while having only 4 members vote out of a possible 9 is unfortunate, apparently it is legal, but I am still wondering why this body can’t get 9 people, even on the phone, together? Another sloppy move by this administration.

FF: 23:30

This occurred on Wednesday night and I forgot to attend for public input. Nobody else from the public showed up to speak against or for the TIF. This is unfortunate because it will literally raise property taxes on us $94 million over the next 15-20 years with $30 million of that as an ‘incentive’ slush fund. It is probably one of the most ludicrous TIFs I have ever seen.

What made it even more strange was there was very little discussion from the commission except that it was ‘good’. And besides the presentation from a planning department staffer, the representative from Development Foundation also said very little. It was pretty obvious this was pre-determined by the commission.

The other part about using $30 million of this for ‘business’ incentives also surprises me based purely on economics and development in Sioux Falls. Year after Year we are growing and year after year we are crushing building permit records. In fact we have a housing shortage and can’t keep up. So why do we have to ‘incentivize’ a business to come hereI recently saw that Tessiers (a South Dakota company from Mitchell) is building a new facility at Flopdation Park. Did they get any deals? Did they ask for any? Not sure, but I liked this quote from them;

“We thought that Foundation Park location would be ideal for us as we do business in the places on the I-90 and I-29 corridor,” said Gopal Vyas, who recently retired and was board chairman when the deal was done.


“Also it is easily accessible for our team members from Mitchell to commute when needed. It also is very convenient for our team members flying from Minnesota or driving on I-90 coming west.”


That is what often puzzles me when they ask for these TIFs, are they even needed to bring business here?

City of Sioux Falls launches online survey about barriers to online access

Well, it seems the Department of Innovation and Cool Edgy Words is up to it again;

So how do you survey people who have little to no personal access to online services, online? It’s a mystery to me.

I also am curious about the financial incentive;

Participants who complete the survey will have a chance to be entered in a drawing to win a $250 Visa gift card.

Can the city even ethically or legally do this? I know a few years back that there was talk about some kind of incentive for filling out the city survey, like a FREE dump pass, but I think it was poo-poo’d by the legal and the survey consultant.

While I support such a survey, the best way to implement the survey would be on a piece of paper and given to kids in the school district in elementary and middle-school. No names, anonymously and no data mining.

And this is what this is really about, finding out who the partners of IDEA can blood suck for new business or what the mayor can do with the data for a future political run.

There is so much innovation at City Hall, they can hardly contain it.

Mask Mandates are NOT a 1st Amendment issue, they are a 4th Amendment issue

I often scratch my head by how little our state legislature and governor know about the US Constitution;

Governments in South Dakota, across the country and the world used mask mandates and business restrictions to slow the spread of the COVID-19 pandemic.

Some lawmakers, though, say those mitigation efforts don’t jive with the First Amendment of the U.S. Constitution. And now a bill making its way through the legislature would narrow the scope of when cities, counties and townships can make people wear masks or force businesses to close in the name of public health.

It is NOT a 1st Amendment issue, it has to do with trespassing and property rights which is covered under the 4th Amendment;

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The 5th and 14th could also apply. But I have often said that mask mandates in general are moot because the US Constitution already protects business owners from trespassers. If you have a sign on the front door of your business that says you must wear a mask and you refuse, that business can call the police and you can be prosecuted for trespassing. Those laws already exist.

I would argue that any municipal government can implement a mask mandate as long as that mandate is about private business and private property and within their 4th Amendment rights (in other words private businesses and even churches could ignore the mandate).

The 1st Amendment argument holds no water because as we saw with Trump’s Twitter ban, private business CAN limit your speech on their premises, platforms or property.

Where I would side on the 1st Amendment argument is that it would be unconstitutional for government to mandate mask wearing on their (your taxpayer funded) property.

Once again the statehouse is filling their short session with foolishness.

Sioux Falls School Board Candidate makes Announcement

Anthony J. Pizer, Candidate for school board sent this announcement out recently;

I am running for school board because I believe in the power of education to transform peoples’ lives as well as our community.

Sioux Falls has a strong public school system that benefits, not only students and families, but our region as a whole. I have seen this firsthand as a Leadership Sioux Falls graduate, Chair of the Sioux Falls Public Schools Education Foundation, and SFSD Boundary Task Force member. For the past ten years, I have been a mentor to the same student with the LSS school-based mentor program. Through this experience, I have seen my mentee grow and develop through all levels of the school district.

My wife, Jessica, and I have two elementary-age children, James and Elyse. They are enrolled in All City Elementary, a Sioux Falls public school that requires parental commitment to volunteering weekly at the school. By spending time in the classroom, I have seen the incredibly talented educators we have in our district and the challenges they face. Therefore, I believe we must support teachers and staff so they can meet the needs and goals of each student.

I run my own business as a Financial Advisor for Thrivent Financial. This has given me a strong understanding of fiscal responsibility and planning to successfully meet financial goals in an efficient and effective manner.

The three areas I believe our district needs to focus on for the future are workforce development, student equity, and community engagement. Because the students of today will work in and lead our community tomorrow, our students and teachers need to have the resources available to meet the needs and goals of the future. Student equity ensures that one’s education, access, and opportunities are not dictated by where they live in Sioux Falls. Finally, our schools and city mutually benefit when community members take an active part in assuring the development of our next generation. I would appreciate your vote on May 18th.

Anthony Pizer
Candidate for Sioux Falls School Board

He lost me at Workforce Development, I want to hear more from him by what he means by that. Whatever happened to giving kids an education that encourages them to go onto to doing whatever they want to after graduation? Whether that is a plumber, soldier, college student, etc.

I am glad he is running though and hope to see more candidates announcing.