The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Special Meeting
September 20, 2012 – 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 6:35 PM at the Maquoketa Valley Middle School Conference Room in Delhi, IA.
Trustees present: Peter, Kray, Schneider, Leonard, Davidson, Burger, Kramer
Visitors: Pat Dede, Don Dede, Sue Christiansen, Lou Christiansen, Ken DeKlotz, Barb DeKlotz, Bob Galiher, Lola Galiher, Ed Schmidt, Bill Lux, Marcheta Cooey-Lux, Chip Hughes
Burger made motion to approve agenda, Schneider second. Motion passed.
Kray requested approval of minutes. Motion to approve minutes of 8/16/12, 8/30/12 and 9/13/2012 by Schneider, second by Burger. Motion passed.
Kramer reviewed payments. Motion to approve payments for $93,489.71 by Burger, Schneider second. Kray asked about B&J Hauling and if this was a final billing and Peter indicated yes. Leonard asked about Workmans’s Comp and Kramer explained why LDRA carried Workman’s Comp. Burger explained that if call in list was activated, workmen’s comp was needed. Hughes said in earlier years the insurance company wouldn’t insure volunteers so had to make the call in list. Leonard said no problem paying but wants to make sure it is adequate because we have so many volunteers. Burger made motion to table this billing and said we need to call agent. Kramer and Burger will talk to agents, Kramer second, motion passed.
Leonard said wants to table payment to B& J Hauling to see if FEMA and Homeland Security will give us direction on what funds to use to pay for it. As we approve payments going forward we have to dictate what fund they will come from. Peter talked to Colgan and Colgan talked to FEMA personnel and they never got back to them. Peter made motion to table B&J Hauling billing, Davidson second. Motion passed. Burger made a motion to pay the Boss payment from the General Fund, Kramer second, motion passed. Leonard discussed Abstract Services bill and said it was for the dam transfer for $254.00. Kray made motion to pay out of General Funds, Schneider second, motion passed. Kramer made motion to pay L&L Consulting out of General Fund, second by Burger. Davidson asked if we have detail of what we get from them. Leonard suggested we make them part of our regular monthly meeting either in person or by phone. Motion passed. Motion to approve Attorney bill by Burger and second by Davidson. Burger sent out breakdown based on what could be broken out and paid by the bond fund and by the general fund. $6004.83 can be paid out of bond fund, and $860.70 out of the general fund. Leonard said some could be reimburseable and maybe we should table payment of this bill. Burger asked Fry if FEMA reps would advise us as to what we think is reimburseable. Fry said Iowa Homeland Security will tell you what they think will happen because FEMA makes the final decision but Homeland Security will give guidance. Burger made motion to table bill, Kramer second. Motion passed. Motion was made to table Stanley Engineering bills by Burger, Kramer second. Motion passed.
Kramer indicated there was a tree down at the house and the LDRA has approved to pay. There is also a mowing billing but it is not on the agenda and will table until next meeting.
Kramer reviewed the Financial report and Stanley Engineering budget by task.
Burger went through Organizational structure document he formulated to indicate how we operate and how board members are elected. The document discusses the individual roles. He is also trying to find a simpler method of rules of order. Burger made motion to adopt structure with rules of order coming later, Davidson second. Kramer said do we want to do first Thursday of the month and discussion was focused regarding what new board may want. Burger made motion to approve but to eliminate blank rules of order, Kray second, motion passed. Burger made motion to accept rules for office of President, Kramer second. Kramer said she wants to include that if board member wants something on agenda they should discuss with President first. Davidson said wrong to assume that President sets the agenda, however he can propose the agenda. Kramer not saying can’t put something on agenda she believes nothing should be on agenda without the President’s knowledge. Burger said this concern should be taken care of in last paragraph. Kramer said we are all on the same page and discussion takes care of her question. Leonard asked for vote, motion passed. Burger made motion to approve rules for Vice President duties, Kramer second. Leonard asked when President is absent and action taken how does signing occur. Burger said the board gives the authority for documents to be signed and this document will give the Vice President the approval in the President’s absence. Kray asked if need delegation of authority and Burger said operational document is the authority. Fry said these documents should be shared with FEMA and Homeland Security. Motion to approve Vice President document passed. Burger made motion to approve Secretary document, Schneider second. Leonard asked if Kray was ok with the responsibilities detailed for later secretaries as well. Kray said yes okay with document, motion passed. Burger moved to approve responsibilities of the Treasurer, Kramer second. Kramer said all items were okay for later Treasurers. Motion passed.
Leonard introduced Custody Agreement which is required by the bank that bought our bonds. Document worked out by our bond counsel, bank and our broker. Suggested that we approve it first and then we can advise county we have approved it. Motion to approve by Davidson, Kray second. Burger summarized that because it is a $6 million bond and we are a volunteer board the bank wanted to see an employed person distribute the money and make the bond payment. Usually a trustee is hired to do this but when Speer Financial advised the bank that the county pays our bills that satisfied their issue. This document just takes care of the agreement between the county and us specifically regarding the bonds. Individual roll call requested, all ayes, motion passed.
Schneider discussed the work platform and that it is currently on the Hawker property and rent is paid until the end of the month. He spoke with Darrel Hogan and he will store on his property for 2 years rent free and Schneider advised Hogan there was no guarantee that Hogan would be able to purchase it at the end of this length of time. Hogan is aware of this. Schneider said to move the work platform we would have to have a lift with a crane and move with a semi. He received a quote from Jesse Tegeler for $125/hr and thought it would take about 3 hours but he can’t guarantee the amount of time. Schneider also contacted Randy Tooman and he said he would move it from Hawker’s property to Hogan’s property for $150. The work platform is under a tree and it needs to be pulled out. Schneider said he will have to slide it out with a couple of tractors. Leonard said the work platform was paid by FEMA. Peter asked if Colgan received response from FEMA about movement of the work platform. Peter said we could move the stop gate and there are 3 assemblies on the north side of the dam we could move as well. When he helped with the movement of the Steel Fab equipment he thought it would make sense to do it at the same time. Fry said if don’t need it right away should leave it alone. Anthony Bardgett said he thought we could use the north side as a stop area and maybe use park area as well. Key to most is to follow procurement policy. Davidson made motion to spend up to $1200 for crane service and to move the work platform, and get written bid and agreement from Darrel Hogan, Peter second. Motion passed.
Public comment – Hughes asked why DNR, Corps of Engineers and FEMA updates were not on the agenda? Kray indicated we will be doing that on upcoming agendas. Leonard gave update on the Corp of Engineers and that the archeology work near is completion. Permit requests are in to both the Corp and the DNR for Phase I just waiting for final archeologic reports so they can be sent to the DNR and the Corp. Hughes asked about the inpoundment permit. Our Attorneys are working with the DNR attorneys to come up with acceptable language. All has been submitted and is in DNR’s hands for review. Leonard said it is hard to tell how soon we will hear on this. Fry gave a FEMA updated by saying we are having preliminary discussions and not much since last week. We are expecting a team from FEMA to come in next week to spend quality time at dam to begin assessing damage. We have had requests for information from FEMA and Fry and Colgan has given some of their requests to them and there is more to forward. We have 4 full time FEMA personnel designated for Lake Delhi. They will go through and re-evaluate damage form 2008 and 2010. Homeland Security and FEMA will assemble a project worksheet and go through reviews and changes and ask for additional information. They will be improved for submission to FEMA and they may have more questions. FEMA will then determine if we are funded and obligated. Homland Security said the District won’t see anything this year and will most likely be next year.
Bob Galiher asked the status on the upcoming payment that is due to bank. The Finance Committee will be looking at this prior to the next meeting. Will get information for next meeting. LDRA will be included. Galiher said there is a rumor that the District is canvassing folks on the lake and asking to sign off on flooding document and he feels the District needs to be aware of this. Leonard said the legal teams are reviewing and there is no canvassing. Fry said if not getting information from Trustees then people will make up stuff. He said he believes the information from the Trustees need to have more detail and information. Leonard suggested bulletin could say look at minutes. We will take this as an action item for the Communications Team. Galiher said since the county is holding our money and he wondered if any chance they are earning interest. Advised yes, we are earning interest and the amount is on the financial reports.
Motion by Davidson to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes of restoring the lake and dam. This is pursuant to Iowa Code Section 21.5, Peter second. Individual roll call, all ayes, motion passed.
Kramer made motion to go out of closed session, Schneider second. Individual roll call requested, all ayes, motion passed.
Schneider made motion to adjourn, Kramer second. Motion passed.