Council Task Group Minutes - February 8th, 2019

Council Task Group Minutes - February 8th, 2019
Mayor’s Conference Room City Hall
The meeting was called by unanimous action of the Council to form a task group to investigate both bids received for the legal publication for 2019, The task group was selected by Mayor Novak to include three City Councilors, the City Attorney and the Clerk.
PRESENT: Council members A.Forsman, Paul Kess, Heidi Omerza via phone
ALSO PRESENT: City of Ely Clerk/Treasurer Harold R Langowski, City of Ely Attorney Kelly Klun
Kelly provided a memo outlining the findings of her investigation, The legal standards considered for the issues include Minnesota Statute 331A and Charter provision 12.10. An Info. Memo from the league was also provided concerning newspaper publication. Kelly requested additional information from the Timberjay on January 24, 2019 and received a response on January 26th , Kelly also provided a memo concerning her Correspondence with the Secretary of State’s office concerning the newspaper list and an updated list dated February 7, 2019 listing the Ely Timberjay. The Timberjay also responded to Kelly concerning the SOS list, the circulation question, and the office of issue question.
There was group discussion concerning the responses provided by the Timberjay and how the claims could be verified.
Kelly discussed the circulation question and the Timberjay response. They reported that they can attest via affidavit that they have 400 or greater circulation within the City of Ely. They also added the news stand sales are a significant percentage of their local distribution.
As referenced by Marshall Hemberger, Kelly called the Minnesota Newspaper Association attorney Mark Anfinson to request his comments on the circulation issue but did not receive a call back. Due to Mr. Anfinson representing both newspapers we doubt he will comment to us.
Kelly discussed the issue with the S0S listing. Currently the list is updated and lists the Ely Timberjay as a legal newspaper. The list provided by the S0S substantiates the claim that the Ely Timberjay is a legal newspaper.
Kelly provided thrce options concerning this issue;
1) Call out the issue concerning the issue of the Secretary of State posting and reject the Timbcljay on this technicality if we can prove they were not a legal newspaper. Question whether or not the offIce of issue is a legal office.
2) Reject both bids on technicalities. The Timberjay on the SOS office issue and the Ely Echo on the improper point size on text.
3) Stay with the original unanimous decision of the council to award to the Timberjay.
The group discussed the options and the legal ramifications attached to each option. Motion AF/PK to recomend the City Council reaffirm the original award of the legal publishing in 2019 to thc Ely Timberjay due to their not being any substantial reason to reject their bid. Passed unanimously. ADJOURN
At 4: 15pm without objection.
Harold R. Langowski