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Unnofficial Minutes - Subject to Corrections - Lyon County

Lyon County Board of Commissioners

May 9, 2011
Marshall Independent

May 10, 2011

UNOFFICIAL MINUTES- SUBJECT TO CORRECTIONS

LYON COUNTY BOARD OF COMMISSIONERS

LYON COUNTY GOVERNMENT CENTER, MARSHALL, MN

March 15, 2011

9:00 a.m. Meeting was called to order by Chairman Fenske. Members present: Fenske, Ritter, Goodenow, Anderson, County Administrator Stomberg, Attorney Maes, Absent: County Auditor/Treasurer Van Overbeke & Commissioner Stensrud

Ritter moved, seconded by Goodenow to approve the agenda. All voted in favor.

Identify any Conflict of Interest

Anderson I will leave at 11:30 for the closed session.

Per Diems Expenses

Anderson------------$15.30

Fenske$50.00$43.86

Goodenow$150.00------------

Consent Agenda:

1. Approve Minutes from March 1, 2011.

2. Approve Commissioner Warrants 124129-124214 in the amount of $155,122.92 dated 3/16/11.

3. Approve Auditor Warrants 124059-124092 in the amount of $130,878.11 dated 3/3/11, 124093-124120 in the amount of $43,669.73 dated 3/10/11 and 124121-124126 in the amount of $48,049.84 dated 3/11/11.

4. Approve Per Diems & Expenses

5. Purchase printer for Assessor and A/T office

6. 2nd Quarter appropriations

7. Designated depositories for investments

Anderson I would like to pull 7. Anderson moved, seconded by Goodenow to approve consent agenda items 1-6. All voted in favor.

Anderson moved, seconded by Ritter to approve consent agenda item 7. All voted in favor.

Anderson moved, seconded by Ritter to approve and authorize the Chair to sign and approve the agreement with T.S.P to design and bid the reroofing of the Government Center. All voted in favor.

Goodenow moved, seconded by Ritter to approve and authorize the Chair to sign a turkey hunting resolution. All voted in favor. (Resolution 04-11 on file in the County Administrator's Office).

Anderson moved, seconded by Goodenow to approve and authorize the Chair to sign a resolution authorizing the SWMHP to file an application for administrative authority with the MN Housing Finance Agency to participate and administer the Renter Rehab Deferred Loan Program. All voted in favor. (Resolution 05-11 on file in the County Administrator's Office).

Goodenow moved, seconded by Ritter to approve and authorize the Chair to sign a resolution amending the Marshall Lyon County Library Contract. All voted in favor. (Resolution 06-11 on file in the County Administrator's Office).

Anderson moved, seconded by Ritter for the Administrator to draft a letter and the Chair to sign letters to Senators Klobuchar, Franken and Congressman Peterson regarding the community services block grant. All voted in favor.

Anderson moved, seconded by Goodenow to approve and authorize the Chair to sign a resolution authorizing application for Minnesota Housing and Finance Agency Family Homelessness Prevention and Assistance Program. All voted in favor. (Resolution 07-11 on file in the County Administrator's Office).

Goodenow moved, seconded by Anderson to support Western Community Action applying for the emergency shelter grant program. All voted in favor.

Goodenow moved, seconded by Ritter to approve and authorize the Chair to sign a resolution for Lyon County to participate in the community development block grant microenterprise assistance grant. Anderson It talks about a second public hearing with public will that be held here? On the displacement part Lyon County will be liable. Struve I think that is more the federal regulations that come through. We serve over 300 businesses and I have been there over 20 years and it has not happened yet. All voted in favor. (Resolution 08-11 on file in the County Administrator's Office).

Anderson moved, seconded by Goodenow to approve and authorize the Chair to sign a resolution to adopt the residential anti-displacement plan. All voted in favor. (Resolution 09-11 on file in the County Administrator's Office).

Ritter moved, seconded by Goodenow to have the Administrator work with the Sheriff's Office to move passports there. All voted in favor.

10:00 Meeting Recessed

10:15 Meeting Called Back to Order

Ritter moved, seconded by Anderson to approve the amendment to the Industrial Waste Management Plan. All voted in favor.

Anderson moved, seconded by Ritter to select task 1, field reconnaissance and data gathering, and 2, management plan preparation, from Graham Environmental. Fenske When can they start? Henriksen Right away. All voted in favor.

Goodenow moved, seconded by Ritter to accept the petition and appoint Bill Molstad, Frank Josephson, and Ryan Wendt as a viewer. Hammer- They only asked for about 10 acres in the northeast portion of this. This was based on the old numbers that were set in 68. Fenske They will view the entire area? Hammer The entire 200 acres they are petitioning in and can be drained. Stomberg The viewers get paid by the ditch authority how will that work? Goodenow Do it on county time but the ditch reimburses for his time. All voted in favor.

Ritter moved, seconded by Anderson to approve and authorize the Chair to sign an overview and concurrence form. All voted in favor.

Anderson moved, seconded by Ritter to support the CIRCLE Sentencing Program in SWHHS. All voted in favor.

Goodenow moved, seconded by Ritter to approve the resolution for a tobacco free campus specifically excluding the Fairgrounds and Parks. All voted in favor. (Resolution 10-11 on file in the County Administrator's Office).

Goodenow moved, seconded by Anderson to approve the raffle to be held at the Ice Arena and have the Chair sign any necessary documents. All voted in favor.

Closed Meeting: Attorney Client Privilege - Anderson et al v Lyon County

11:25 a.m. Commissioner Anderson left the Board meeting.

11:25 a.m. Commissioner Stensrud was contacted and participated via telephone.

Member Goodenow introduced the following Resolution and moved its adoption:

RESOLUTION CLOSING BOARD MEETING

WHEREAS, the Minnesota Open Meeting Law, Minn. Stat. 13D.05, subd. 2(b) states that "meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney-client privilege"; and

WHEREAS, the County Board seeks to meet with its attorney to obtain advice regarding a pending lawsuit, Rick Anderson, et. al v. County of Lyon, et. al.; and

WHEREAS, it would be detrimental to the interests of the County for the County Board to hold a public discussion with its attorney regarding its legal position(s), strategy, etc., where an opposing party or opposing attorney could listen to or be made aware of the County's positions; and

WHEREAS, it is in the best interest of the County for the Board to obtain legal advice in a confidential setting to maintain the attorney-client privilege.

BE IT RESOLVED by the Lyon County Board of Commissioners as follows:

1. The Board hereby closes based upon the attorney-client privilege pursuant to Minn. Stat. 13D.05, subd. 3(b);

2. The specific subjects to be discussed, pursuant to Minn. Stat. 13.01, subd. 3, are the claims raised in the above-referenced lawsuit, and the defenses and legal positions to be taken by the County.

The motion for the adoption of the foregoing Resolution was duly seconded by Ritter and upon a vote being taken thereon, the following voted in favor thereof:

Ritter, Goodenow, Fenske, Stensrud and the following voted against the same: None

Abstain : Anderson

Whereupon said Resolution was declared duly passed and adopted.

(Resolution 11-11 on file in the County Administrator's Office).

Ritter moved, seconded by Goodenow to come out of closed session. All voted in favor.

Fenske adjourned meeting until April 5, 2011.

Robert Fenske, Chairman

Attest: Loren Stomberg

Lyon County Administrator

 
 
 

 

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