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12/16/2014
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12/16/2014
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9:05 a.m. Held a Board of Equalization meeting <br /> 9:12 a.m. Returned to the regular meeting <br /> PUBLIC PARTICIPATION — Chairman McFarland called for public participation and no one <br /> responded. <br /> COUNTY ATTORNEY—no items <br /> 22. EXECUTIVE SESSION REGARDING PERSONNEL-- Lancaster made a motion and Ziola <br /> seconded to go into executive session regarding personnel. This executive session is to <br /> prevent needles harm or injury to an individual. Arnold, Lancaster, McFarland, Purdy, Quandt, <br /> Schuppan and Ziola all voted yes and none voted no. Motion carried. <br /> 9:14 a.m. executive session <br /> 9:50 a.m. Lancaster made a motion and Quandt seconded to go out of executive session. <br /> Chairman McFarland stated that there were no other subjects discussed no votes were taken <br /> and no action was taken. . Arnold, Lancaster, McFarland, Purdy, Quandt, Schuppan and Ziola <br /> all voted yes and none voted no. Motion carried. <br /> REQUEST TO RESERVE TIME — Doug Lanfear requested to address the HVAC for the <br /> courthouse. He stated he talked to some contractors and there are some concerns that the <br /> rafters may not hold the equipment and the equipment may vibrate and cause problems with the <br /> old plaster in the building. He also expressed concern about running the water up to the attic. <br /> He questioned if there may not be other systems that would be simpler to run like electric or <br /> Freon lines. A newer more modern system would be more efficient. It may be a good time to <br /> look at a different system. <br /> 5 A) DISCUSSION & POSSIBLE ACTION REGARDING BIDS, ADVERTISING & BID <br /> OPENING FOR COURTHOUSE HVAC PROJECT— Mr. Zitterkopf came forward regarding the <br /> questions on the advertising of the bid opening and if the county purchasing act covers a project <br /> like this. He stated that the project was well advertised in trade publications on a regional basis <br /> and interest was shown but that is not the issue. The purchasing act states that the county is to <br /> receive sealed bids by public notice in a legal newspaper. County Attorney Mark Young found a <br /> case that a HVAC project in a courthouse may not be subject to the county purchasing act <br /> because it would be considered a capital improvement and they assumed that was the end of <br /> the story. He quoted information from the case law from Phelps County but the statute was <br /> repealed in 1985 and some of it was confusing and unclear the new statute does not include the <br /> wording capital improvements. If the board votes to proceed with the project the board <br /> members could be liable and it would not be worth that risk as individuals. The county has not <br /> done a project of this size without advertising as per the county purchasing act. It is an <br /> inconvenience to not open the bids but they should be returned to the contractors and <br /> resubmitted after it is properly published in a legal newspaper. The facilities committee held a <br /> meeting and recommended to not accept the bids and return them to the contractors advertise <br /> and open bids in January. <br /> Quandt made a motion and Lancaster seconded to return the bids and reschedule the bid <br /> opening. <br /> 3 <br />
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