The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, July 23, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: Jim Locke,Pat Dede, Don Dede, Eve Peter, Marcheta Cooey Lux, Dave Larson, Amy Draker, Clint Houdek, Diane Bauers, Chris Stender, Mark Swift, Kevin Lund, Dorothy Thomas, Shirley Christiansen, Lou Christiansen, Sue Christiansen, Ken DeKlotz, Barb DeKlotz, Bill Hughes, Bonnie Hughes, Bob Galiher, Lola Galiher, Dan Staebell, Larry Sloan, Todd Gifford, Chuck Koelker, Pat Colgan, Chloe Colgan, John Hess

Agenda reviewed by Leonard. Motion made by Kramer to approve agenda, Davidson second.   All ayes, motion passed.

Kray requested approval of minutes for 6/20/13 meeting.  Schneider made motion to approve, Kramer second. All ayes, motion passed.

Kramer covered billings requiring approval for payment.  Payments for the General Fund are Alliant Energy – $1.26; L&L Murphy Consulting – $2,000; Simmons Perrine – $3,014.43.  Payments for the Bond Fund is $4250.57 for Simmons Perrine.  Davidson made motion to approve all payments as presented, Burger second.  All ayes, motion passed.

Kramer reviewed the financial report advising the General Fund had a beginning balance of $78,884.87 and an ending balance of $15,095.64.   We just approved over $5000 for expenditures this month so that will take the General Fund to below $10,000 and we have no tax draws until August or September.  Kramer has checked with Becker, County Auditor and we can do an intrafund transfer.  The Bond fund expenses this month is the recent acquisition of land and we show a balance of $5,697,427.60.  Burger made motion to receive and file the financial report, Kramer second.  All ayes, motion passed.

Davidson discussed bids for getting rid of buildings on the recent properties we purchased – Peck, Wright and Wiersma.  The combined quote from Randy Harbach is $5950.  He also received a quote from Gudenkauf Tiling and Excavating for $6800.  Leonard has a verbal quote from another contractor who will remove all of the buildings at no cost as long as he can keep the materials, however, he does not have a license or insurance currently and is not bonded.    Davidson made motion to accept Randy Harbach estimates, second by  Burger.  Peter indicated the state has to do an asbestos inspection and a contractor approved by the state needs to do the inspection.  Peter asked County Engineer if it is the contractor’s responsibiility to work through.  Davidson said he thought the trustees would have to handle the asbestos issue.  Kray said she thinks should have just one contractor work the demolition and take care of any asbestos issues.   The estimate for just the paperwork for the state is $500.  Leonard asked how soon the work could be done.  Davidson indicated Harbach said he could do it in a day.  Peter said there is a requirement for a  2 week waiting period after the inspection.  Kramer amended the motion to go back to bidders and request them to add asbestos removal to their bids, Burger second.   We will table this for now.  Davidson will get back to both contractors.

The reimbursement letter from the DNR was discussed by Leonard.  George Antoniou is the DNR employee who asked for the letter that he has a record of our approval each time we request funds from the state.  Hatala reviewed the letter and saw no issues.  Davdison made motion to approve, Burger second.  Leonard read the letter.  All ayes, moiton passed.

Kray discussed weed and tree removal of the lake bed.  She has had discussions with the DNR and 3 companies, Three Rivers, Crop Production Services and Klinkenborg Aerial Services that do spraying.  All of the parties indicated that we need to do something with the trees because the larger they get the harder they will be to remove and kill.  Kray explained how all 3 companies discussed how they would handle the spraying, some using helicopters, others possibly using booms on the actual river bed.  Davidson believes if we aerial spray that drift will be an issue.  Schneider said he doesn’t think booms can work because of debris still existing in the lake bed after the last flood event.  He thinks ATVs with a sprayer would provide a tighter spray.  Schneider and Kray will discuss this with the DNR and get best time to do the spray.  Kray and Schneider will start a committee of  property owners and research best practice.  They will contact road association presidents to see what is happening in each neighborhood.  Maggie has a list of road associations and will have information on how things are being done in each area.

Committee updates – Finance – nothing to update

FEMA – the lastest update was given in the latest update of the Lake Delhi Voice which was created by Todd Gifford.  Leonard reviewed past history with the ineligible issues and the appeal process which was approved in Washington, DC and made the District an eligible applicant in Sept. 2012.  The District then submitted project worksheets, which is the FEMA process, requesting work/repair that needs to be done.  We were working with a FEMA Project Manager for the last several months to get them up to speed on our project, however a new Project Manager was just assigned.  We will need to review our project with the new FEMA personnel.  It is our understanding no construction can start until we have our federal permit.  The Emergency Action Plan and drawings are being worked on for the state permit.

Property Management – Peter attended a County meeting where he heard complaints about an email from Jones County Conservation about the debris that comes down from Lake Delhi.  Peter believes they don’t understand all the work we have done regarding clean up.  There is a new person now at the Jones County Conservation Board and it may be good for the District to contact them and just have a discussion.

Public comment – Bob Galiher said the financial report mentioned purchase of property and asked what was purchased.  Leonard advised the Wright and Wiersma properties.  These were   independently owned and Stanley told us we needed those properties for construction.

John Hess said he is hiring someone to improve his lake front and will have them take care of his weeds at that time.

Dave Larson said he believes if we burn in the spring and the fire is hot enough it will kill the bark and kill the trees.  Kray will ask the DNR if this would work.

Jim Locke said he had a conversation with Delaware County Conservation and they said they would help us with a controlled burn.

Locke also asked what is supposed to happen to the silt behind the Quaker Mill Dam if they remove it. Leonard said Hawker submitted his plan to the County Supervisors and they are reviewing the plan.  Leonard asked the Supervisors to advise of their plan for the siltation before they remove the dam.

Chuck Koelker asked if we had any plans for sawing off old stumps and that he is planning to see if can do the ones in front of his property.

Diane Bauer reminded all that we have received money from Rockwell for clean up.  Locke said he hasn’t talked to Brian Hughes recently.  The LDRA had to commit $2500 for matching funds for the Rockwell grant.

Bob Galiher said Brooks Ante purchased the Peck business and wants people to know if they have a boat stored there it is okay to keep it there and that they can now contact him.

August 11, 2013 is the annual meeting of the LDRA.   It is being held at the Heritage Bank conference room.

Leonard thanked all who participated and voted in the last election.  We say farewell to Larry Peter who decided not to run again.  He brought a lot of expertise and knowledget to the board and we are hoping he will stay active on the dam construction committee and assist Pat Colgan.  The results of the election were that Lamont Davidson was re-elected and Todd Gifford won election as a new trustee and their 3 year terms begin as of August 1, 2013.

Schneider made motion to go into closed session to discuss strategy and negotiations regarding a settlement agreement with DCCI in accordance to Iowa Code Section 21.5 (1) (c).  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Burger, second by Kramer.  All ayes, motion passed.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, June 20, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: John Murphy, Ken DeKlotz, Barb DeKlotz, Jacques Dubois, Kathy Dubois, Sue Christiansen, Lou Christiansen, Dave Larson, Patti Larson, Tom McLaughlin, Marcheta Cooey Lux, Chip Hughes

Agenda reviewed by Leonard. Motion made by Schneider to approve agenda, Kramer second.   All ayes, motion passed.

Kray requested approval of minutes for 5/20/13 meeting.  Burger made motion to approve, Davidson second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $10,409.54;  Alliant Energy for $20.17; Hunt and Assoc for $750.00.  Kramer would also like to add payment to Delaware County for $52.00.  This is for the warrants they pay for us each month at $2/warrant.  Burger made motion to pay all bills as presented, Kramer second  Davidson asked why we are paying electric bill for the LDRA.  Kramer indicated when we took over billing we expected transfer to happen shortly and it did not but we have just continued to pay the bill.  Discussion surrounded asking LDRA for back funds if transfer does not happen within the next month.  Individual roll call requested.  All ayes, motion passed.

Kramer covered the financial report and as of May 31, 2013 the ending balance of the General Fund was $78,884.87.   Debt Service fund balance after funds from the county and interest and bond payment is $13,427.50.  The Dam/Spillway project fund balance as of May 31, 2013 is $5,841,915.04.  Kray asked about why there was a difference in the funds received from the DNR vs. the total Stanley bill.  Kramer explained that some of the Stanley billings were before the legislation passed and some billings were for FEMA work.  Leonard said have submitted the recent cost of the Peck property purchase to the DNR and don’t know if these will be considered reimbursable expenses but we believe they should be.  Additional documentation may be needed to have them be considered.  Burger moved to receive and file the financial report, Peter second.  All ayes, motion passed.

Kramer covered the audit report from the Auditor’s  office for FY 2011/2012.  There are no notes at the end of the report so nothing is of an issue.  Leonard said County Auditor and her staff have been very helpful.  County uses Hunt and Assoc. and we used them also at a reduced rate.  Motion to receive the budget report by Burger, Davidson second.  All ayes, motion passed.

The resolution to transfer previous expenses was explained by Burger.  These are attorney fees that are eligible to be paid out of the bond fund which were originally paid for out of the general fund.  Burger brought a packet showing which charges can be covered by the bond fund.  This packet was reviewed with the Budget and Finance Committee members and we have their concurrence to move the monies.  The applicable attorney fees for property transfers is $24,556.18 and for dam reconstruction is $54,610.08 for a total of $79,166.26.  It was decided that after a conference call with Larry Burger, Steve Leonard and Carla Becker today rather than have a specific amount of dollars in the resolution it was suggested we add “the amount to be approved by the District Treasurer”.  Motion to approve resolution 6.20.13 by Burger, second by Schneider.  Davidson asked McLaughlin if he was ok with the resolution since he is a member of the Finance Committee and he said yes.  Individual roll call requested, all ayes, motion passed.

The Third Agreement Regarding Payment Delays was  presented by Leonard.  We have agreed to make an interest only payment on the dredge debt.  This is an official agreement drawn up by bond counsel and Bank Iowa has reviewed and accepted it.  Moiton to approve by Kramer, Burger second.  Individual roll call requested, all ayes, motion passed.

Committee Updates

Finance – no update other than previous information on billings

FEMA and Dam Construction/Timeline – Leonard gave information and said the same information was given in the new Lake Delhi Voice.  FEMA has taken over as the lead federal agency.  We need the federal permit from the Army Corp of Engineers but FEMA has the right to review our application because of their lead agency status.  The FEMA Committee is working with Homeland Security to assist with the information flow to FEMA and to get them up to speed.  Stanley is almost done with Phase II design work and will be giving to the District Trustees for review.  An operating plan and emergency action plan need to go with the DNR  request for permit.  Leonard has been very impressed with Homeland Security and the time they are dedicating to Lake Delhi considering all the other work they have to do this year with the declarations of disaster areas by the Governor.

State/County Legislative – nothing to report

Property Management – Peter gave update as to what  is required for demoliton of  the Peck property, Wright and Wiersma properties.  On the Wright and Wiersma land we will need to fill or get rid of the well and septic tanks.  The District will need to decide if we want to save any of the steel building at the Peck property.  The Wright building is completely down except for the concrete.  The mobile home is just a shell on the Wiersma property.  The electric service has been unhooked by Alliant Energy.  The phone needs to be disconnected by Iowa One Call and we were given permit numbers which we should hold on to.  The only real issue is the location of the  water line at the Rocky Nook properties as we need to make sure we know where to seal it off.    Leonard said in order to record the purchases of the Wright and Wiersma purchases we had to have a form from the County Santitation department signed which gives us until November 1, 2013 to seal everything off.  Our attorney can now do the final recording of the purchase of the properties.  Kramer said Locke wanted to know if we could use the $2500 grant from Rockwell.  Leonard indicated the board needs to have a work session to discuss lake bed cleanup and what we want to do with the Peck property.  Peter reminded the board that there are lifts still in the Rocky Nook lake bed area.  Davidson asked about insurance and Kramer advised that properties with no dwellings are automatically included with our insurance.

Public Comment – Tom McLaughlin said when an audit report is done there are 3 levels of review that can be done with an audit as the hightest level.  Hunt & Associates did a just a compilation which they just pulled the numbers the County Auditor gave them.  He advised it is okay for this year but as we spend more funds we may want to do a more intense review.

Kathy Dubois thanked the board for all work that has been done and the communication to the lake population.

Chip Hughes said as of Jan 1, 2013 the County Assessor raised land taxable values by 150%.  Did Trustees have any conversation with the Assessor before this was done.  All Trustees advised they had no contact.

McLaughlin said people are frustrated that the rebuild is now taking longer than anticipated and the fact is that we are very close and we need to keep our chins up and realize what we have accomplished.  Leonard indicted yes it is important to look at the timeline and to understand all we have done.  Leonard said if there are any road  association meetings coming up, the Trustees will be glad to give details and we will be happy to come to the meetings.

Barb DeKlotz said during the last flood event, some homes almost flooded and she wondered if there was anything that could be done.  Leonard indicated that the water was  6.5 ft from touching the bottom of the gates and the gates were partially open.  There are different points within the river with bends and such that impedes or holds the water flow back.  Peter said Baileys Ford bridge is 59 feet larger than before and he thinks that is where the impact is coming from.   Ken DeKolotz asked if anything was going to be done to Hartwick Bridge and  Leonard said we need to prioritize our dam for the short term and we will continue to have further discussions and be mindful of other long term goals.

Hughes asked if final number had been drawn up wth Turtle Creek.  Leonard advised the County Engineer has come up with another plan to move the road and needs to revise the costs based on this revision.  The previous amount was approximately $600,000 and no monies were available in this legislative session.  The County may have access to other funds/grants.

Motion to go into closed session for discussion and consideration of the terms, strategy and negotiations for the acquisition of interests in real estate for the pupose of restoring the lake and dam per Iowa Code Section 21.5(1)(j) by Kramer,  Davidson second.  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Kramer, Davidson second.  All ayes, motion passed.  Meeting adjourned at 7:54 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, May 20, 2013 – 5:30 p.m.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 5:34 PM at Heritage Bank Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray and Burger by phone

Trustees absent:  Bruce Schneider

Visitors: Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz, Chip Hughes, Dave Larson, Jim Locke, John Carbaugh, Tom Reeves, Ed Schmidt, Eve Peter, Tim Rasmussen, Diane Bauers, Bob Klima, Dave Fry

Agenda reviewed by Leonard. Motion made by Kramer to approve agenda but to move item 11 to  before item 6, second by Davidson.  All ayes, motion passed.

Kray requested approval of minutes for 4/18/13, 4/25/13, 5/8/13 and the amended minutes from the 3/21/13 work session.  Peter made motion to approve, Kramer second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $7,616.00;  Alliant Energy for $37.17.  Kramer asked if Burger will review attorney fees and he agreed to bring to the next meeting with recommendation for transfer of amounts to the bond fund.  Kray made motion to accept payments as presented, Davidson second.  All ayes, motion passed.

Kramer covered the financial report and as of April 30, 2013 the ending balance of the General Fund was $87,846.73.   Debt Service fund balance after funds from the county and interest is $341,158.63.  Dam/Spillway project fund balance as of April 30, 2013 is $5,932,538.29.

Leonard said he and Burger met with Bank Iowa today regarding the LDRA dredge payment which is due June 1, 2013.  Had discussion with them regarding property values and that the taxable values have gone up for 2014.  The current amount due is approximately $170,000 and our only source for this payment is the general fund.  Bank Iowa understands this and they will agree to an interest only payment of $42,729.17.  The District will will then have a further conversation in the fall regarding the future and how we will make payments.  Burger made motion to pay the $42,729.17 payment, Davidson second.  Individual roll call requested, all ayes, motion passed.  Leonard then requested an amendment of the motion to say the payment goes to the LDRA.  Burger amended his motion to approve the $42,729.17 payment for the dredge loan to the LDRA, Davidson second.  Individual roll requested on amended motion, all ayes, motion passed.

Kramer introduced an addendum to Resolution 4.18.13 for the automatic payment by the County of our bond payment.  The previous version did not include administrative fees.  Kray made motion to accept addendum, Kramer second.  Individual roll call requested, all ayes, motion passed.

Leonard discussed property acquisition from Gerald and Lois Wright. He introduced Resolution 5.20.13.a to approve the purchase of this property.  Kramer made motion to approve resolution to purchase the property, Davidson second.  Burger said the monies should be paid out of the bond fund because this is for the dam reconstruciton.  Davidson asked Leoanrd to explain why the District is buying this property for the public.  Leonard explained that these are the properties our Engineering firm advised we were required to buy for the  spillway construction.  The Wright and Wiersma(which we will discuss next) properties needed to be purchased by the District.  The purchase price is $60,000 for real estate and the building structure.  Kramer amended motion to approve resolution 5.20.13.a to purchase the Wright property and the funds to come out of the bond fund, Davdison second.  Individual roll call requested, all ayes, motion passed.

Leonard then discussed property acquisition from Rebecca and Ricky Wiersma and Derek Geiser.  Resolution 5.20.13.b was presented.  The property is a double lot and a mobile home sits on the property.  The purchase offer was $90,000 and they have signed the offer.  Motion to approve Resolution 5.20.12.b to purchase the Wiersma property and funds to come from the bond fund by Kray, Burger second.  Individual roll call requested, all ayes, motion passed.

Burger left the meeting at 5:58 p.m.

Leonard explained that Marty Pottebaum owns property adjacent to the north side of the dam and we need to own this property as well for the dam reconstruction.  The Pottebaums have decided to donate the land required to the District. Resolution  5.20.13.c articulates the land donation.    Motion to approve Resolution 5.20.13.c by Kramer, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard then began a discussion regarding the properties purchased and removal of buildings that needs to occur.  There will be no formal action tonight but just discussion regarding next steps for bids.   Peter gave a summary of work he has done.   Pat Colgan and Peter met and agreed that the old office building would make a good office for engineering staff.   They also discussed the rental house but Peter feels we need to keep Colgan in the  loop regarding the house as he may have other ideas.  Peter  plugged the sewer at the previous Peck property and took pictures and sent to the County Sanitation office.  Dave Fink called Peter and said he had stainless steel rollers and that we should pick them up.  Peter thanked Jim Locke for helping him  move the rollers to the garage of the house.  Peter feels the Peck property is unsafe.  The utilities need to be removed on the Wiersma property and the well needs to be sealed.  Peter spoke with Dennis Lyons and we have to have a professional to the work at an estimate of about $400.    Peter indicated that the Amish tore down a home in his neighborhood and we might want to consider asking them for a quote on the work that is needed.  Kramer also said Harbach had been contacted as well.  We will have to do bids so contractors know what we want to keep and what needs to be torn down.  Leonard said we need template for bidding and he will contact Bob Hatala.  Leonard asked Kramer to call insurance company and add all properties to our policy.

Committee Updates

Finance  – Nothing more to update.

Property Management – Nothing more to report

Legislative  – The RIIF bill was recently passed and did include our second $2.5 million and we are just waiting for the Governor’s signature.

Dam Construction Timeline – waiting for the federal permit which involves input from the Army Corp of Engineers, SHPO, Tribal unit and FEMA.  We are working closely with them and staying in touch.

FEMA – Dave Fry is authorized rep and CFO and for the last month has been spending lots of time with Homeland Security and FEMA giving details on our project worksheets. Fry gave an update as to progress.

Public Comment – Ken DeKlotz asked what happened to the 2008 FEMA project and Fry advised that the monitoring report still needed to be addressed.

Ken DeKlotz said dam cost is now $23million and what is the breakdown.  Leonard said the dam original amount was $11.9 million and that has increased to $14.8million on the dam and spillway.  The remainder is the total project scale, restoration of dredging, public access, and siltation control additions.

Barb DeKlotz asked about archeology study because she thought it was all was done.  Leonard explained that work was done and waiting for final memorandum of agreement.

Bob Klima asked why can’t we use the gates already there.  Leonard said they don’t handle enough water volume.

Tom Reeves asked if need to purchase any additional land.  Leoanrd said he is not at liberty to respond.

Dave Larson said from Hartwick Point and their association is proposing a $200,000 sea wall.  People want to know for sure if the dam is coming back and can we give them any guarantees?  Leonard said we think it will happen because he has confidence in our team,at the state and at other levels.

Diane Bauers asked what is the timeline once construction starts understanding we cannot predict weather.  Leonard said if everything was done, he believes it would take about 1 year.  Bauers also asked if there was a timeline for bid letting and Leonard said we have to give the bidders 30 to 40 days.

Motion made to adjourn by Peter, Davidson second.  All ayes motion passed. Meeting adjourned at 7:11 pm.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, May 8, 2013 – 10:30 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 10:31 PM at Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Kray and Schneider by phone

Trustees absent:  Burger and Davidson

Visitors: Eve Peter

Agenda reviewed by Leonard. Motion made to approve agenda by Kramer, second by Peter.  All ayes, motion passed.

Leonard introduced Resolution #5.08.13 for the County to conduct the District election on July 16, 2013.  Motion to approve resolution by Schneider, Kray second.  Individual roll call requested;  Kray – yes, Peter – yes, Schneider – yes, Kramer – yes, Leonard – yes, motion carried.

Kramer indicated a bill has been received for $538 for taxes plus penalty on the Peck property.  Originally there was a verbal agreement between Hektoen and Peck’s attorney that Peck would have taxes paid in full.  Peck has now said he won’t pay the taxes.  Hektoen and Hatala have agreed to deduct $538 from the next Simmons Perrine billling as this should have been covered in the wording of the sale agreement.  Motion to pay County Auditor $538 for Peck property taxes by Kramer, Peter second.  There is some question as to whether we should be a property tax exempt organization and we have opinions by the County Auditor and our attorney and additional research will be completed.  All ayes, motion passed.

Motion to adjourn by Kramer, second by Peter, motion passed.  Meeting adjourned at 10:38 AM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 25, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:34 PM at Maquoketa Valley Middle School Conference Room.

 Trustees present: Leonard,  Kramer, Peter, Davidson, Burger, Schneider and Kray

Trustees absent:

Visitors: Gary Oltrogge, Tammy Oltrogge, Eve Peter, Dwayne Donels, Barb DeKlotz, Ken DeKlotz and Matt Hektoen and Bob Hatala by phone

Agenda reviewed by Leonard. Motion made to approve agenda by Kray, second by Davidson.  All ayes, motion passed.

Leonard said in previous work session with LDRA the District published a third amended Memorandum of Agreement for the transfer of property and it has since been rejected by the LDRA. The  District met last week to discuss next steps and how to move forward with the transfer document.  Hektoen and Hatala attended that session and Hektoen put together a new MOA based on the District discussions.  Leonard read the new MOA and explained that the dam, North Beach and South Beach will remain restricted and need to have additional consideration if property would ever be considered moved to a private entity.  Leonard read additional language input by Hektoen which is as follows:

“In the event the District desires to convey the Restricted Real Estate to a party other than a public governmental entity, the District shall first provide written notice (the “Transfer Notice”) to the President of the LDRA, which Transfer Notice shall set forth the identity of the party to whom the District desires to convey any or all of the Restricted Real Estate and any other information respecting the material terms of the desired conveyance (the “Proposed Conveyance”).  For purposes of this Third Amendment, delivery of a notice shall mean the date the appropriate party deposits the notice with the United States Postal Service.  The District shall be entitled to proceed with the conveyance of the Proposed Conveyance unless within 45 days of the delivery to the LDRA of the Transfer Notice the LDRA delivers to the District a written certification, which written certification sets forth that 60% of the then-existing membership of the LDRA voted in opposition to the Proposed Conveyance and is executed by the Secretary and President of the Association.  In the event the LDRA fails to convey such a written certification with said time frame, the District shall be entitled to proceed with the Proposed Conveyance.”

Motion made by Kramer to accept new language, Schneider second.  Burger said he notified the rest of the board that he would  like to see changes.  He would like to see the 45 days extended to 120 days.  Kramer changed motion to accept new language with 120 days and second by Schneider.    Kray said she agreed as it give the LDRA time to get the information to the public and set up a vote.  Peter said easier on seasonal people as well.  Individual roll call requested on motion, all ayes, motion passed.

Burger explained 2^nd change is to add language to show the vote would require a 60% approval of the transfer to a non-public entity.  Burger made motion to approve the 60% approval, Peter second.  Hatala said 60% does seem to change the focus and maybe the District should consider a 50/50 vote or just a majority.  Hatala wants to stress there are questions by the LDRA if this only applies to the dam property, Lost beach and North beach.  Burger said his intent is just for the 3 properties, not the remainder.  Leonard said the existing language protects the Districts interests and he recommends staying with Hektoen’s original language.  Kray said she believes we should change it to 60% approval because it is important to remember the original vote was taken to protect the dam.  Leonard said his concern is it calls for a vote of  just LDRA members. He suggested the LDRA could put the vote out to all property owners/parcel numbers instead of LDRA share holders.  Kramer asked if the Trustees could hold the vote.   Hatala said the District could have some kind of non binding vote.  Hatala believes this is an unwarranted concern because all funding the District would ever receive will require the dam to be held in public ownership.  Kramer said she thinks the language of the original vote by LDRA was not meant to hold us to not being able to sell any properties, that the language was just meant for the dam and the beaches.  Leonard wants all property owners to decide, not just LDRA share holders.  Davidson advised he is in favor of the 60% approval language.  Burger asked if we can do an agreement with the LDRA that we will write in our own rules that we can’t transfer the 3 properties.  Hatala said we could do that but it wouldn’t bind futher boards.  Leonard asked if we could go ahead and change language to show 60% approval of taxing district property owners and Hatala said he didn’t want to craft the language this evening on the phone.  He would like to use the language that exists in the 357E code about eligible voters.  Leonard recommends tabling the motion and give our legal team this direction and ask them to give us a new draft.  Leonard made motion to table this decision, Davidson second, all ayes, motion passed.

Public comment – Barb Deklotz said if this should go to a vote that it should be the people that pay the taxes not the children or any others.

Donels asked where we are with bidding.  Leonard said waiting for governmental agencies to get us what we need.  Governor signed the bill regarding the property easement issues.  Donels also asked if the dam transfer is holding up the progress and Leonard advised yes.

Motion to adjourn by Burger, Kramer second, motion passed.  Meeting adjourned at 7:18 PM.