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Unnofficial Minutes - Subject to Corrections

Lyon County Board of Commissioners

November 3, 2010
Marshall Independent

November 4, 2010




October 5, 2010

8:30 a.m. Closed Meeting: Rick Anderson et al v Lyon County et al

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 Fenske 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.

9:10 a.m. Ritter moved, seconded by Goodenow to come out of closed session. All voted in favor.

9:30 a.m. Meeting was called to order by Chairman Stensrud. Members present: Stensrud, Fenske, Ritter, Goodenow, Nelson, County Administrator Stomberg, Attorney Maes, County Auditor/Treasurer Van Overbeke

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

Per Diems Expenses






Consent Agenda:

Approve Minutes from September 21, 2010

Approve Commissioner Warrants 122148-122241 in the amount of $274,253.16 dated 10/6/10.

Approve Auditor Warrants 122010-122020 in the amount of $179,082.61 dated 9/21/10, 122021 122051 in the amount of $612,052.14 dated 9/23/10, and 122127-122147 in the amount of $87,255.10 dated 9/30/10.

Approve Per Diems & Expenses

Consider flu-shot clinic

Consider accepting $50 Donation from Tracy Chamber of Commerce

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

Fenske moved, seconded by Ritter to approve and authorize the Chair to sign a resolution requesting a presidential declaration of a major disaster. All voted in favor.

Nelson moved, seconded by Ritter to approve the quote for the repair of JD 18 tile from Schlemmer Tiling at $17.49 per foot. All voted in favor.

Stensrud appointed Mark Goodenow to the Drug Court Steering Committee.

Goodenow moved, seconded by Ritter to revoke the conditional use permit of Don Delanghe, approved by County Board August 21 2007, effective October 20, 2010 unless presented with acceptable amendments are met prior to the effective date. All voted in favor.

11:27 a.m. Ritter moved, seconded by Goodenow to adjourn. All voted in favor.

Rodney Stensrud, Chairman

Attest: Loren Stomberg

Lyon County Administrator



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