04-07-2008
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<br />Commission Minutes-April 7, 2008 3344 <br /> <br />get the bid. Mr. Sampson retracted the statement from the handout and stated he is not <br />willing to close without the rezoning. <br /> <br />Mr. Burdick stated in 2002 the attorney general issued an opinion regarding a non home <br />rule entity, which states a city could not sell property below market value as it was <br />essentially considered a gift and they were not empowered to gift property. Mr. Burdick <br />reminded the commission that the committee made a recommendation; however, the <br />commission makes the final decision. Also, to keep in mind if they reject the highest bid they <br />have passed over several higher bids than the bid submitted by Sterling Companies, Inc. <br />Mr. Bennett stated he holds high respect for the Kilbourne Group and Sterling Companies. <br />He is unfamiliar with the work of Great Plains Properties. He said the value of the property <br />would remain unknown until a project is completed. <br />MOTION, failed <br />Mr. Bennett moved and Mrs. Sorum seconded to award the bid of the <br />Head Start building to John A. Strand for $1.00. Discussion: Mrs. Sorum <br />said the dollars are below market value and Mr. Burdick would need to <br />do further research to make sure this is viable. Mr. Burdick said he <br />would make the award contingent on an opinion from the attorney <br />general's office as he does not believe Cass County has an ordinance <br />regarding this issue. Mr. Vanyo said rezoning of the property is prudent. <br />He feels there is no rush to close on the property and the bid amount is <br />important. He said it us important to put plans in writing for all cases as <br />well as consider the fit in the community and it comes back to the <br />highest bidder. Mr. Wagner stated Mr. Strand and Sterling Companies <br />put time and effort into their proposals. He is concerned with gifting <br />property and feels if it was the intent to gift the property there was no <br />need to go through the bid process. Upon a roll call vote, the motion <br />failed with Mr. Bennett voting in favor and Mrs. Sorum, Mr. Vanyo, Mr. <br />Pawluk and Mr. Wagner opposed. <br /> <br />Mr. Wagner asked Mr. Burdick if contingencies can be added. Mr. Pawluk stated it is <br />the goal of the county to dispose of the property. Mr. Wagner said the bid award <br />should receive approval from the states' attorney and the process should not be <br />rushed. The motion for accepting a bid should include certain legal points. At the <br />committee meeting Mr. Burdick asked each bidder if they were willing to enter into an <br />agreement with the county to assure the project was completed as specified in the <br />bid, to which each bidder agreed. <br />MOTION, passed <br />Mr. Wagner moved and Mr. Vanyo seconded to accept the highest bid, <br />from Lloyd Sampson, Great Plains Properties in the amount of $123,000 <br />subject to review by the states' attorney. Upon a roll call voted, the <br />motion carried unanimously. <br />Mr. Pawluk thanked everyone who participated in the process. Mr. Wagner stated he <br />appreciated the interest of the community. <br /> <br />7. JAIL INMATE DAILY BOARDING RATES, Adopted <br />Sheriff Paul Laney presented an analysis of daily costs to house an inmate at the Cass <br />County Jail. He is proposing a daily rate of $85 for prisoners from outside jurisdictions and <br />a $75 per day fee for prisoners from within Cass and Clay counties. Outside jurisdictions <br />using the Cass County Jail are responsible for transporting their own prisoners. The $65 <br />
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