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Ortonville, Minnesota
March 24, 2009     The Ortonville Independent
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March 24, 2009

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I January 21,2009 as presented PROCEEDINGS Boat and Water Safety Grant Agree- WHEREAS, from time to tim~ the Board 09-33.2: Authorize payment of Febru- ,ment: of ary, 2009 bills in the amount of 2009-08 " "Commissioners ofBigStoneCounty ! $369,336.20 OF WHEREAS under the provisions of M.S. obtains legal advice from outside coun- 09-33.3: Approve cash balance sheet Section 86B.105, the Sheriff of each sel , and investments THE BIG STONE i regarding various matters; county is required to carry out the provi- BROWNS VALLEY FLOOD MITIGATION PROJECT UPPER MINNESOTA RIVER WATERSHED DISTRICT ORTONVILLE, MINNESOTA NOTICE IS HEREBY GIVEN THAT: Sealed proposals for the construction of Browns Valley Flood Mitigation Project, Upper Minnesota River Watershed Dis- trict, Ortonville, Minnesota, will be re- ceived by the Board of Managers of the Upper Minnesota River Watershed Dis- trict, 211 2nd Street SE, Ortonville, Min- nesota 56278, until 7:00 p.m Tuesday, April 14, 2009 at which time they will be opened and publicly read in the office conference room of the Upper Minnesota River Watershed District. Complete plans are on file at the office of the Upper Min- nesota River Watershed District, Or- tonville, Minnesota. The major items of work consist of the following approximate quantities: Unclassified Excavation for Floodway and County Road 4 190,000 c.y. Class A45 Concrete 840 lin. ft. 16'x0.25' Steel Pipe Pile (County Road 4 Bridge) 2,000 lin. ft. Class A45 Concrete (County Road 24 Bridge) 820 c.y. Epoxy coated reinforcing steel (County Road M/Radermacher, S/Thymian to nominate "13mothy Henrich as Vice-Chair. M/Plathe, S/Johnson to nominate Hoffman as vice- chair. Nominations ceased. Upon ballot vote Timothy Henrich was appointed vice- chair. 09-03 Clerk -James Nelson: M/Klepel, S/Ross and unanimously carried to ap- point James Nelson as clerk. 09-04 Treasurer-Richard Johnson: M/Hoffman, S/Rademacher and unani- mously carried to appoint Richard John- son as treasurer. M/Nelson, S/Radermacher and unanimously carried to approve the following appointments 09-05 MN State High School League - Brent Zahrbock 09-06 Education District Governing Board (MRVED) - Debbie Hoffman, Jay Ross . 09-07 Big Stone Mini-Board -Kevin Rademacher, Debbie Hoffman, John Plathe, Thymian Alternate CGB Mini- Board-James Nelson, Richard Johnson, Brent Zahrbock, Thymian Alternate 09-08 Bonanza-John Plathe 09-09 Community Education - Debbie Hoffman, Glen Radermacher 09-10 Early Childhood (ECFE) - Kevin Rademacher 09-11 Staff Development - James Nel- (County Road 4 Bridge) son, Jay Ross, John Plathe 740 c.y. 09-12 Graduation Standards/SAn - Epoxy coated reinforcing Timothy Henrich, Richard Johnson, Jay steel (County Road 4 Ross Bridge) 09-13 Technology - Richard Johnson, t40,000 Ibs. Jay Ross HP 12x53 Steel Pile 09-14 Discipline -James Nelson, John (County Road 4 Bridge) Plathe 09-15 Attendance Review - Timothy Henrich, Kathi Thymian 09-16 Negotiations - Marlowe Klepel, Kathi Thymian, Jay Ross, Richard John- son 09-17 Legislative Liaison - Mike Ham- 143,000 Ibs. HP 12x53 Steel Pile (County Road 24 Bridge) 730 lin. ft. 20"x0.375" Steel Pipe Pile (County Road 24 Bridge) 1,500 lin. ft. Topshil Stripping and Placing at Floodway, son 09-18 Day, Time, Place for Regular Board Meetings - No action taken 24Bridge) 09-19 Agenda: M/Hoffman, S/Henrich and unanimously carried to approve the agenda as presented. DISCUSSION ITEMS: 09-20 Early Retirement Incentive (ERI) Proposal - Certified Staff: Mini-Board members reviewed the proposal with the rest of the Board. They are proposing to pay each retiree $150/day up to a maxi- mum of 110 days for unused sick leave; County Road 4 : $600/year for each year of service to the 50,000 c.y. district; the employee and employer share Various Classes of Riprap of TRA for the 1st year, and the employer 11,400 c.y. share of TRA for the second year for em- Various Classes of ployees that choose to take a leave of ab- Granular Filter sence until they reach full TRA retirement; 3,000 c.y. $5,400/year for insurance until Medicare Geotextile Filter Fabric eligible, and all staff who lose their jobs 5,000 s.y. due to the consolidation would be eligible Asphalt for $40/day of unused sick leave up to 2,000 ton 110 days. They plan to meet with the Or- Permanent Seeding tonville Education Association (OEA) to 85 acre discuss this proposal. Board members Cover Crop Seeding agreed they did not want to levy for early 85 acre retirement incentives. SheetPiling for Floodway 09-21 QZAB Program for HVAC Sys- Inlet Structure (Option 1) tem and Playground Improvements: Supt. 6,540 s.f. Taylor reviewed the QZAB program with Class 1 Riprap (Option 2) the Board. The State has verbally ap- 5,100 c.y. proved our $750,000 QZAB application. Soil-Bentonite Slurry Wall He will bring it to the Board for final ap- (Option 3 Diversion Dam) proval when he gets written approval. 30,400 s.f. 09-22 ISD#2903 Projected 09-10 En- 12'x5' Precast Concrete Box Culvert rollment: Supt. Taylor reviewed the pro- (Option 3 Diversion Dam) jected enrollment with the Board. He 119 I.f. asked the Board to keep these enrollment Embankment-Random Fill numbers in mind when considering (Option 3 Diversion Dam) staffing options. 6,700 c.y. 09-23 Elementary Certified St~ ff Posi- Embankment- Impervious Clay tions 09-10: Based on the Board's rec- Fill (Option 3 Diversion ommendations Supt. Taylor plans to staff Dam) the elementary as follows for 2009-10: K- 26,600 c.y. 6 -!3.6 FTE's, Title - 2 FTE's, Elementary Bids must be submitted on forms fur- nished by the Upper Minnesota River Wa- tershed District and must be accompanied by a Certified Check or Bid Bond made payable to the Treasurer of the Upper Minnesota River Watershed District in the amount of 5% of the full amount of the bid as a guarantee that the Bidder, if successful, will enter into Con- tract and will furnish a Performance Bond and Payment Bond. Copies of the plans and specifications may be obtained from the office of Hous- ton Engineering, Inc 6901 East Fish Lake Road, Suite 140, Maple Grove, Min- nesota 55369-5455, (phone: 763-493- 4522) upon payment of $150 for each set, nonrefundable. A P re-Bid Conference will be held at 1:00 p.m on March 31,2009 at the Browns Valley Public Library, 15 3rd Street South, Browns Valley, Minnesota 56219. The plan holder's list and bid re- sults will be available for viewing on the Houston Engineering website: www.hou- The Engineer's Opinion of Probably Cost for the base bid for construction of this project is $3,130,000. The Engineer's Opinion of Probably Cost for Option 1, Option 2 and Option 3 are $130,000, $205,000 and $1,020,000 respectively. The Upper Minnesota River Water- shed District reserves the right to accept or reject any or all bids and to waive in- formalities therein. The Browns Valley Flood Mitigation Project is made possible in part by a grant provided by the Minnesota Department of Natural Resources, through an appropri- ation by the Minnesota State Legislature. Dated at Ortonville, Minnesota, this 5th day of March 2009. /s/Dianne Radermacher, Administrator Upper Minnesota River Watershed District 211 2rid Street SE OrtonvUle, Minnesota 56278 (March 24, 2009) New & Used Willmar Civic Center Wiilmar, MN PROCEEDINGS OF THE ORTONVILLE SCHOOL BOARD January 26, 2009 The ISD #2903 Board of Education met in regular session on Monday, Janu- ary 26, 2009 at 7:00 PM in the Library. Members Present: Mike Hamson, Tim- othy Henrich, Debbie Hoffman, Richard Johnson, Marlowe Klepel, James Nelson, John Plathe, Kevin Rademacher, Glen Radermacher, Jay Ross, Kathi Thymian, and Brent Zahrbock Also Present: Jeff Taylor, LuAnn Hansen, Julie Schneider, Joel Stattelman, Laurie Maas, Charles DaWald, Debra Engle, Sandy Haugen, Cathy Raderma- cher, and Addle Mark The meeting was called to order by Superintendent Jeff Taylor. 2009 BOARD ORGANIZATION: 09-01 Chair-Marlowe Klepel: M/Zahrbock, S/Rademacher to nominate James Nelson as Chair, M/Johnson, S/Henrich to nominate Marlowe Klepel as Chair. Nominations ceased. Upon ballot vote Marlowe Klepel was appointed chair. 09-02 Vice-Chair - Timothy Henrich: Computer - .5 FTE, Special Education - 2 FTE, PE - .7 F-I'E, Music- .5 FTE, Speech - 1 FTE. (FTE = Full Time Equivalent Unit). This would be an increase of 4.05 FTE's from 08-09. 09-24 Non-Certified Positions: The law says that non-certified staff will be as- signed to the new consolidated district. It does not require the new district to em- ploy them. The Board will need to decide if they will offer an Early Retirement In- centive to the non-certified staff as well. 09-25 Proposed 09-10 Budget Process: The Board instructed Supt. Tay- lor to create the 09-10 budget using the following assumptions: Elementary staffing as discussed above, no salary in- creases for all staff, but do allow for step increases. 09-26 Bellingham School Facilities and Equipment; Supt. Taylor wanted to know the status of the Bellingham building and equipment. The Building is listed for sale on the internet, but there haven't been any inquiries. The Bellingham staff is doing an inventory of equipment and ma- terials. They will make this list available to ISO #2903. The Bellingham School Dis- trict plans to have an auction to sell their equipment and materials. Proceeds would be used to reduce the Bellingham SOD. ACTION ITEMS: 09-27 Designate Official District News- paper; M/Thvmian. S/Nelson and unani- mously carried to designate the Ortonville Independent as the official newspaper for ISD #2903. 09-28 Establish Per-Diem Wages for Board Members: M/Rademacher, S/Plathe and unanimously carried to set the per-diem wages as follows: $40 Or- tonville Meeting, $50 Chair Ortonville Meeting, and $70 Out-0f-Town Meeting. 09-29 Resolution Directing the Super- intendent to Make Recommendations for Adjustments in Curriculum. Programs, and Staff for the 2009-10 School Year: M/Nelson, S/Henrich and unanimously carried to approve the above mentioned resolution. UPCOMING OPPORTUNITIES: Ne- gotiations workshop - 2/18/09 in Morris CONFIRM MEETING DATES: ISD #2903 - Regular Mtg - 2/23/09 - 6:00 PM - Library Adjourn: 9:00 PM James Nelson, Clerk Marlowe Klepel, Chairman REGULAR SESSION February 18, 2009 The ISD #62 Board of Education (Or- tonville) met in regular session on Wednesday, February 18, 2009 at 5:15 PM in the Library. Members Present: Debbie Hoffman, Marlowe Klepel, Jay Ross, and Brent Zahrbock Absent: James Nelson, Kathi Thymian Also Present: Jeff Taylor, Julie Schnei- der, LuAnn Hansen, Laurie Maas, Joel Stattelman, Jane Anderson, Lori Schafer, Joan Foley, Robert Foley, and Tim Hen- rich Agenda: M/Zahrbock, S/Ross and unanimously carried to approve the agenda as presented. 09-33 Consent: M/Hoffman, S/Ross and unanimously carried to approve the following consent items: 09:33.1 : Approve meeting minutes for 09-33.4: Approve open enrollment re- quest of Todd Thielke DISCUSSION ITEMS: 09-34 Math Presentation: Jane Ander- son, Joan Foley, Robert Foley and Lori Schafer presented information on math data and classroom uses for smart boards and responders. Sophomore class will be given NWEA tests this spring to determine remedial needs to pass MCAII Test for graduation. Lori Schafer will teach remedial class next year. 09-35 Budget Information: Supt. Tay- Ior reviewed how the 09-10 proposed budget could affect the fund balance. Supt. Taylor wanted to make the Board aware of a decrease in the fund balance due to the early retirement incentives, and additional elementary staffing. 09-36 Consolidation Progress: The Board needs to begin looking at an early retirement incentive package for support staff. We are still working out the details on the early retirement incentive package for the certified staff. 09-37 Bus Lease Information: With the consolidation, the new district will need an additional bus. A five year lease would cost approximately $12,000 annually. 09-38 QZAB Application (Play- ground/HVAC): The District still has not received written approval for the QZAB application. Hope to have for the consol- idated meeting so can take action on ap- proval. ACTION ITEMS: 09-39 Revise 2008-09 Budget: M/Zahrbock, S/Hoffman and unanimously carried to approve the revised 08-09 budget. 09-40 Debt Redemption Fund Trans- fer (Legislation): M/Ross, S/Zahrbock and unanimously carried to approve asking for legislation to allow the " District to transfer up to $200,000 from the Fund 7 - Reserve account to Fund 5 - Capital Expenditures. 09-41 Federal Advocacy Resolution Regarding No Child Left Behind (NCLB): M/Zahrbock, S/Hoffman and unanimously carried to approve a resolution asking the Federal Government to consider changes to the NCLB program. 09-42 Approve Early Retirement/Sev- erance Package (Certified Staff): No ac- tion taken 09-43 Set Date and Time for Superin- tendent's Evaluation: No action taken 09-44 COGNOS/'I'SIS Contract Revi- sion for 08-09: M/Hoffman, S/Ross and unanimously carried to approve the re- vised 08-09 COGNOS/TSIS contract for 08-09. COGNOS allows all District soft- ware to access one centralized data base. Correspondence: Mr. Taylor received an e-mail from MSBA thanking the Or- tonville Board of Education for their round table presentation at the Leadership Con- ference Board Reports: Debbie Hoffman at- tended MRVED meeting. Jay Ross and Marlowe Klepel attending negotiations workshop with Supt. Taylor. Superintendent's Report: Mr. Taylor re-, viewed the expenditure/revenues by fund for the past three years. He told the board that these reports have been very accu- , rate in the past, so this year's estimate should also be very close. Glenn Hen- ningson wanted to know if the bathrooms near the auditorium should be updated or used for storage. Upcoming Opportunities: March 2, 2009 - 5:30 PM - Open House for Belling- ham families and teachers. Confirm Meeting Dates: February 23, 2009 - ISD #2903 Regu- lar Board Meeting - 6:00 PM - Library March 16, 2009 - ISD #62 Regular Board Meeting - 7:00 PM - Library Adjourn: 7:35 PM SPECIAL SESSION Friday, March 6, 2009' The Ortonville Board of Education met in special session on Friday, March 6, 2009 at 5:30 PM in the Library. Members Present: Debbie Hoffman, Marlowe Klepel, James Nelson, Jay Ross, Kathi Thymian and Brent Zahrbock. Also Present: Jeff Taylor, Julie Schnei- der and Joel Stattelman Agenda: M/Hoffman, s/'rhymian and unanimously carried to approve the agenda with the following additions: 09- 46- Bellingham Mini Board Update on Support Early Retirement Incentive Pro- posal 09-45 Approve Resolution Providing for Early Retirement Incentives and Sev- erance Pay for Certified Staff: M/'l-hymian, S/Nelson and unanimously carried to ap- prove the Resolution Providing for Early Retirement Incentives (ERI) and Sever- ance Pay for Certified Staff: The ERI is available to six full-time Ortonville teach- ers, or up to maximum of eight Ortonville and Bellingham teachers who will be age 53 on or before June 30, 2009; and will have a minimum of seventeen (17) years of full-time teaching service either in Or- tonville or a combination of Ortonville and Bellingham. They will receive the follow- ing benefits: 1. Payment of $150 for each day of ac- cumulated and unused sick leave as of June 30, 2009 up to a maximum of 110 days; and 2. Payment of $600 for each year of service to Ortonville or combination of Or- tonville and Bellingham as of June 30, 2009; and 3. An annual contribution of $5,400 on July 15 of each year for health insurance and medical expenses. The contribution will continue annually for a maximum of 12 years or until the teacher is eligible for Medicare. Levying to cover these costs was dis- cussed. 09-46 - Bellingham Mini Board Update on Support Early Retirement Incentive Proposal: The Bellingham Mini Board members met to discuss an early retire- ment incentive proposal for support staff. The current support retirement incentive policy allows for 50% of the retirement benefits allowed for the certified staff. After some discussion a tentative meet- ing date for the next Bellingham Mini- Board meeting was set for Monday, March 16, 2009 at 5:30 PM. Adjourn: 6:15 PM Jay Ross, Clerk Marlowe Klepel, Chairman COUNTY BOARD March 3, 2009 The Big'Stone County Board of Commissioners met in the Commis- sioner's Room at 8:30 AM on Tuesday, March 3, 2009. Chairman Olson called the meet- ing to order with Commissioners Athey, Berning, Sandberg and Wulff present. Also present were Elsie Perrine, Mike Swenson of the Ortonville Independent, Sheriff John Haukos, County Attorney Bill Watson and County Auditor Michelle Knutson. The Pledge of Allegiance followed. Motion by Athey, seconded by Berning, and carried to approve the minutes of the February 17th regular meeting. Motion by Sandberg, seconded by Wulff and carried to approve the agenda. Commissioners reported on the following committees: Wulff- Toqua Park; Revolving Loan Fund Olson - RDC Sandberg - Technology; Property Sheriff Haukos summarized the proposed contract with Kandiyohi Coun- tyr for dispatching services. Motion by Sandberg and seconded by Wulff to execute the contract with Kandiyohi County as presented. Following discussion, motion carried. Attorney Watson reported that the Supreme Court denied the defendant's appeal on the Post Conviction Relief case. Attorney Watson left the meeting. Countryside Public Health Administrator Liz Auch reported that in addition to Commissioner Berning serving as the representative to the Supporting Hands Nurse-Family Partnership, there also needs to be an alternate. Motion by Sandberg, seconded by Wulff and car- ried to appoint Commissioner Olson as the County's alternate representative to the Supporting Hands Nurse-Family Partnership. Discussion was held on possible changes to PrimeWest's payment struc- ture for elderly care. Family Services Direc- tor Gayle Robinson was also present for the discussion. Auch and Robinson have been attending work group meetings. In addition, they are scheduling a local work group to address the issue. Administrator Auch provided an update on the Agency's activities. Randy Nelson of Prairie Country RC&D presented an overview of 2008 projects and activities. Following a break, County Engineer Nick Anderson informed the Board that Strata Corporation needs 10.25 acres of wetland credit for mitigation at their quarry. The County has not set a price for wet- land credits to date and should do so in the near future according to Anderson. Engineer Anderson reported that the value of an acre of wetland credit is averaging 3- to-4 times the value of ag land state wide. Anderson will bring it up at a future meeting for board consideration of set- ting a value per acre of wetland credit sold from the county wetland bank. Motion by Sandberg, seconded by Berning and carried to ratify the Chal- lenge Cost-Share Memorandum of Agreement with US Fish & Wildlife for kiosks and other enhancements surrounding the trail. Motion by Berning, seconded by Wulff and carried to adopt the following resolution: 2009-07 IT IS RESOLVED that Big Stone County enter into Mn/DOT Agreement No. 94113 with the State of Minnesota, Department of Transportation for the following pur- poses: To provide for payment by the State to the County for the use of County State Aid Highways No. 6 and No. 21 as a detour route during the grading and bituminous milling and overlay construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 75 from Trunk Highway No. 12 in Ortonville to 0.10 mile north of Trunk Highway No. 28 in Graceville under State Project No. 0608-35 (T.H.75=006). IT IS FURTHER RESOLVED that the Chairman and the County Engineer are authorized to execute the Agreement and any amendments to the Agreement. Motion by Sandberg, seconded by Berning and carried to execute the Agreement and accept the compensa- tion that will be provided. Engineer Anderson reviewed the Department's financial condition and provided additional information on bond- ing. Attorney Watson returned to the meet- ing. Commissioners Athey and Wulff were appointed to attend a conference call with Ehlers and Associates to further discuss the bonding options. Engineer Anderson reported that Moonshine Township has requested that the County provide snow removal serv- ices. Engineer Anderson provided an update on the redetermination of Joint Ditch #4 and stated that a meeting will need to be scheduled. Motion by Athey, seconded by Berning and carried to approve the Findings of Fact for the L.G. Everist Conditional Use Per- mit for recording as presented by Environmental Officer Darren Wilke. Motion by Athey, seconded by Sandberg and carried to authorize payment of the following claims as FOR A-B-C, presented by Auditor Knutson: tNT AD General $158,034.52 Highway 21,311.23 ~~'~JN~ VOU Total $179,345.75 Motion by Berning, seconded by Wulff REAP/"C'ASH and carried to adopt the following resolution and execute the Annual County sion of Chapter 86B and the Boat and Water Safety Rules, hereinafter referred to as the "Minn. Rules", including patrol, enforcement search and rescue, water- craft inspection, waterway marking and acci- dent investigation, all hereinafter referred to as the "Sheriff's Duties"; and WHEREAS in connection with the Sher- iff's Duties, M.S. Section 86B.701 provides that the County submit to the Commissioner of Natural Resources a budget to carry out the Sheriff's Duties; and WHEREAS M.S. Section 86B.701 and the Minn. Rules provide for the allocation of funds by the Commissioner to the County based on Certain criteria and conclu- sions to assist the funding of the Sheriff's Du- ties; and WHEREAS the County has submitted a proposed budget to the State. THEREFORE BE IT RESOLVED that NOW, THEREFORE, BE IT RESOLVED by the Big Stone County Board of Commissioners as follows: 1. The law firm of Ratwik, Roszak, & Maloney, P.A. is hereby retained to provide legal services to the County in matters not specifically assigned by statute to the County Attorney, as may be needed from time to time. Motion by Athey, seconded by Berning and "carried to adopt the following resolution: 2009-11 WHEREAS, the Minnesota Open Meet- ing , Law, Minn. Stat. 13D.05, subd. 2(a) states a meeting shall be closed if wel- fare data is discussed; and WHEREAS, a Board may close a meet- ing under Minnesota Statutes 13D.05 subdivision 3(b) for discussion permitted by the attorney-client privilege; and WHEREAS, the County, through Big Stone Family Services, is in litigation regarding numerous ongoing welfare cases; and WHEREAS, it is in the best interest of the County to obtain legal advice in a confidential setting to maintain the attorney-client privile ~. BE IT RESOLVED by the County Board as follows: the State shall reimburse the County up to $2,034.00 for the activities stated in Chapter 86B. 1. Pursuant to Minn. Stat. 13D.01 Motion by Sandberg, seconded by Wulff Subd. 3, the grounds for closing the and carried to accept the quote for a meeting is that the County Board will new be discussing private welfare data, squad and to authorize the Auditor to pursuant to Minn. Stat. 13D.05, pay subd. 2(a)(3), and discussing pending Nelson Auto Center $20,931.75 as an litigation based upon the attorneyclient Auditor Warrant for the purchase, privilege pursuant to Minn. Stat. Motion by Berning, seconded by 13D.05, subd. 3(b). Sandberg and carried to adopt the 2. The specific subjects to be discussed, following resolution: pursuant to Minn. Stat. 13D.01, 2009-09. subd. 3, are representation of Big WHEREAS, the Minnesota Department Stone County Family Services in of specific welfare cases, litigation Corrections (MDOC) currently contracts strategy and the request for a waiver with the Prairie Correctional Facility of a conflict of interest of an attorney (PCF) in an ongoing welfare proceeding. for placement of male inmates; and Meeting was closed at 11:10 AM. WHEREAS, the placement of stateMotion by Wulff, seconded by Berning to inmates at PCF has been a successful open the meeting at 12:19 PM. partnership with favorable comments by Motion by Athey, seconded by Berning the MDOC regarding the facilities and carried to waive the conflict of inter- operations; and est WHEREAS, this alternative allows the in the William Crystle probate case. state to address its capacity needs at a Motion by Berning, seconded by Wulff very cost effective rate in a time of great and carried to waive the conflict of inter- budget distress; and est WHEREAS, the MDOC has informed in the Terry Wood custody case. PCF Motion by Athey, seconded by they have preliminary plans to reduce Sandberg and carried to approve the the amendment to the Old Republic claim Minnesota inmates at PCF to less than form. 100 Motion by Wulff, seconded by Sandberg in the next several months; andand carried to adopt the following policy WHEREAS, this action by the MDOC and procedure regarding legal counsel would lead to a loss of jobs, conflict of interest: property/sales 1. It is the obligation of every attorney taxes and other financial contributions performing services for Big Stone made by PCF with a corresponding County to be familiar with and comply devastating effect on the local economy; with the Minnesota Rules of and Professional Conduct. WHEREAS, the MDOC states that the 2. No attorney or law firm shall cost represent Big Stone County in any of housing inmates at the Fairbault facil- matter while also representing ity another party against Big Stone is less than their cost with PCF; and County, as set forth in Minn. Code WHEREAS, the MDOC, in their ownProf. Rules 1.7 and 1.10, except as 2008 followS: Fiscal Year Performance Report to the If, after carefully reviewing the legislature, shows a per inmate cost at circumstances of the representations Fairbault of nearly double the current of the parties involved, the attorney contract rate of $62.90 with PCF; and believes that he/she can represent WHEREAS, the State of Minnesota is both parties in compliance with the currently looking for ways to reduce rules, the attorney must: costs a. Explain the conflict in detail to the and could save the State more than 25 County Board, pointing out any million dollars by filling PCF with MDOC potential adverse impact such inmates; and representation may have on the WHEREAS, the current intent by MDOC County; is b. Allow any affected County in direct contrast to other state efforts to Department notice and the reduce costs and stimulate economic opportunity to provide information development activities in rural Min- to the County Board regarding the nesota, impact of.the representation; NOW THEREFORE BE IT RESOLVED, c. Allow the County the opportunity to that the Big Stone County Board of obtain outside legal advice Commissioners is strongly opposed to regarding the conflict and the the advisability of waiving the conflict; above stated action by the MDOC. and BE IT FURTHER RESOLVED THAT, the d. Obtain informed consent of the Big Stone County Board of Commission- County Board in writing. ers Motion by Sandberg, seconded by Wulff is in strong support of continuing and carried to decline the request of contractual agreements between MDOC Attorney Charles Glasrud for a waiver of and the Prairie Correctional Facility. a Motion by Berning, seconded by Athey conflict of interest. and carried to authorize Commissioner Attorney Goering clarified with those Olson to attend MCIT's training on present that discussions held during a workforce issues on March 18th on be- closed meeting may not be shared with half anyone who was not present during the of the Board. closed meeting. HR Director Schultz, Attorney Ann Board members tabled the discussion Goering and Family Services Director on the budget until the next meeting to Gayle Robinson arrived at the meeting, allow Department Heads to participate HR Director Schultz reported that in Deputy Sheriff Terry Wood will be taking the discussion of possible cost saving a measures. military leave of absence beginning April Chairman Olson adjourned the meeting 16, 2009. The Board sends their best at 12:30 PM. wishes along with Deputy Wood and Miehelle R. Knutson, appreciates his service. Auditor HR Director Schultz reported that the Brent Olson, report form for technology will be acted Chairman on at the next meeting. Motion by Sandberg, seconded by Wulff and carried to adopt the following resolution: 2009-10 : CAMPERREBEL Friday, Boon-8 March p.m.27 ~i~?~;:i! 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