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Plaza Building Connie Hultine stated they did not have room before but they need to shred <br /> some each year and access the other files. <br /> Lanfear made a motion and Arnold seconded to move the paperwork to the Plaza Building <br /> before they have any additional space. Arnold, Bredthauer, Lancaster, Lanfear, Quandt, <br /> Richardson, and Schuppan all voted yes and none voted no. Motion carried. <br /> E) UPDATE ON VETERANS PARK— Mr. Humphrey stated that all of the old trees and the plant <br /> material have been removed at the Veterans Park. They completed a survey and have a plan <br /> to make it drain better. They also have a plan with the types of trees and shrubs to replant. He <br /> has been working with some boy scouts troops to see if they may take the project. He would <br /> like to do it in phases and get more scouts involved. <br /> Bredthauer stated they are trying to use a culvert and move the dirt to level it off to get it to <br /> drain. They also had to remove material on the state right of way. The costs will be out of the <br /> $39,000.00 for the landscaping. <br /> 18. UPDATE AND DISCUSSION REGARDING VISIT WITH STATE AUDITOR- Lancaster <br /> stated she formally ask for guidance after the last 2 weeks. Lancaster read a statement <br /> regarding the August 8 and July meeting and the change order that was approved for the <br /> Courthouse renovations. The State Auditor did ask for additional information and they will <br /> respond in writing and talk to McDermott and Miller regarding the audit. The state does not like <br /> to duplicate efforts. There are 2 concerns that they may have violated the purchasing act and <br /> the Open Meetings Act but the Attorney General would have jurisdiction on the open meeting <br /> law. She noted information that Beth Ferrell provided that "approving change orders on behalf <br /> of the entire board falls within the list of actions so the subcommittees would become subject to <br /> the Open Meetings Act." She also noted information for 23-3102 of the County Purchasing Act. <br /> She stated thee could be a formal complaint filed and she will work with the County Attorney to <br /> satisfy the board's concerns. <br /> Lancaster stated she has worked with Mr. Zitterkopf, Larry Dix with NACO Beth Ferrell and she <br /> noted information from Ms. Ferrell. She also noted information from Beth Ferrell that if a county <br /> board member abstains on a vote that there is no obligation under the Open Meeting Act to <br /> disclose the reason for abstaining on a regular board vote. Change orders or informal bids do <br /> not fall under the county purchasing act. <br /> Lanfear aware that other counties make decision regarding purchasing act <br /> Jack Zitterkopf stated he has tried to advise the board for 9 years and they should know that he <br /> left the meeting 2 weeks ago on the unhappy side of things. He was asked for an answer and <br /> so yesterday he started doing some research. He also noted information from a paper from <br /> Dale Corner who was formally with Accountability and Disclosure Commission. Late yesterday <br /> he was confronted that perhaps he is complacent in helping committees violate the law and he <br /> is not sure where that came from. Maybe it is because it is a project for his office. They need to <br /> realize that he has not been in that building since demolition and as far as what he has advised <br /> the facilities committee he has had no correspondence verbal or written with the committee. <br /> The law requires us to do what is reasonable not what is unreasonable and we need to get past <br /> who did what and if it was illegal or not. The Open Meetings Act applies to public bodies and <br /> defines public body as "all political subdivision of such bodies and advisory committees." So <br /> clearly the Open Meeting Act applies to this board and to the committees. It also states that <br /> 10 <br />