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Unofficial Minutes - Subject to Corrections

June 30, 2009 meeting

July 21, 2009
Marshall Independent

July 21, 2009


June 30, 2009

9:00 a.m. - Meeting called to order by Chairman Stensrud. Members present:

Fenske, Ritter, Goodenow, Nelson, Stensrud, County Administrator Stomberg, Auditor/Treasurer VanOverbeke, Absent: County Attorney Maes.

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


Per Diems $250

Expenses $123.75

Ritter moved, seconded by Fenske to approve the per diems and expenses. All voted in favor.

Goodenow moved, seconded by Ritter to authorize advertising for bids and set a bid opening for July 30, 2009 at 11:00 a.m. in Commissioner Room 3 for SP 42-591-02. Goodenow - Why are we doing this at the end of July? It has been discussed for awhile. Shouldn't it have been bid in March? Aaron VanMoer - Our plans have been up there since March. They had to go through the ranks. I think it sat on someone's desk at St. Paul for ample time.

Kanwar - It came last week that is why I asked for a special session.

Goodenow - Are they going to be able to get it done before it freezes?

VanMoer - Completion date is September. Ritter - What is the engineers estimate? Isaackson - About $110,000. All voted in favor.

Member Ritter introduced the following Resolution and moved its adoption:


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:

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

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 Goodenow and upon a vote being taken thereon, the following voted in favor thereof: Nelson, Fenske, Ritter, Goodenow, and Stensrud. and the following voted against the same: None.

Whereupon said Resolution was declared duly passed and adopted.

After the Board came out of closed session Ritter moved, seconded by Nelson to adjourn until 9:00 a.m. on July 7, 2009. All voted in favor.

Rodney Stensrud, Chairman

Attest: Loren Stomberg

Lyon County Administrator



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