Minutes for Trustee Regular Meeting – March 21, 2013

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 21, 2013 – 5:00 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 5:01 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:

Visitors: Pat Dede, Don Dede, Garlen Glanz, Dave Nebel, Connie Nebel, Eve Peter, Jerry Ries, Norm Wellman,  Jim Locke, Wanda Davidson, Larry Aschenbrenner, Bob Klima,  Brooks Ante, Ed Schmidt, Bob Galiher, Dennis Jasper, Doug Ricklefs, Margie Schneider,  Carla Becker, Anthony Bardgett, Rich Hughes, Chris Stender, Marcheta Cooey Lux.

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

 Kray requested approval of minutes for 2/21/13, 2/26/13, 2/28/13, 3/3/13, and 3/7/13.  Peter made motion to approve all 5 as presented, Schneider second.  All ayes, motion passed.

 Kramer reviewed bills for payment – L&L Consulting for $2,000;  $13,155.40 for Attorney fees; News Publication for $25.97.   Motion by Burger to approve payments as presented, second by Davidson.  All ayes, motion passed.

 Kramer covered the financial report and as of February 28, 2012 the ending balance of the General fund was $51,690.94.  The balance for the Debt Service fund at the end of January  was $147,997.12 and as of February 28, 2013 the balance is $162,748.62.  The Dam/Spillway Project fund had a balance of $5,905,063.35 as of the end of January. We received interest in February and ended with a balance of $5,907,313.74.

 Schneider spoke to contract with Darryl Hogan advising it is for storage of the work platform.  Hogan is agreeable to signing, however, the District name needs to be changed on the document.   There is no action tonight until the document is changed.

 Committee updates

Finance committee has no report.

 FEMA –Project worksheets have been completed.  We are just waiting for FEMA determination for eligible projects.

 Legislative Committee – Leonard advised that most folks have probably seen the updates on TV and in the Gazette.  Representative Hein and Senator Zumbach have been actively engaged on the top of dam issue.  We are currently going through a 5 step process for approval of a bill which will change the definition of the term ‘top of dam’ for certain circumstances in the state.  The 5 steps are a vote for approval of the bill in a House subcommittee, House of Representatives vote on the bill, a vote for approval fo the bill in a Senate committee, a vote on the bill in the Senate and finally signature by the Governor.  There should be action on the bill next week in the Senate.

 Dam Construction –  Leonard spoke for the Dam Construction group and advised that the Phase I bid documents are starting to be developed.  Stanley did the bid project and the documents have been reviewed by the County Engineer, Anthony Bardgett.  Leonard thanked Bardgett for working on the documents.  There are additional financial/insurance items that the Trustees need to work on for the remainder of the contract details.  Bob Hatala is currently reviewing for his input.  There was an update sent via email but there is still a lot of work to be done.  The Army Corps of Engineers are working closely with us to finalize the permit for Phase I and the County will need to approve as well.  Bardgett has reviewed our documents so once the Corp permit is received we shouldn’t have a long review process by the County.  The drawings for Phase II are still being worked on by Stanley Engineering and will be complete in the next month or so.  Once that is done, we can be ready to go on to Phase II.

 Property management Committee had nothing to report.

 Public Comment – Ed Schmidt asked about the law we are trying to get passed.  Would that mean that no one would have to sign new easement agreements?  Leonard said it is still to early to tell if we will need any additional easments once the law is signed.  We just received the original documents from Alliant Energy who purchased the original dam owner, Interstate Power.

 Larry Peter  suggested that folks contact their County offices for boat registration.  If someone does not intend to use their boat for the next year or two, you should check with your county office to see how that should be handled.  There is some question as to whether you will pay a penalty and the registration amount or just the penalty.  Each county may handle it differently.

 Bob Galiher asked if the bill being worked on is passed, does the DNR have to follow it?  Leonard said the DNR would have to re-write rules with new law.  This law pertains to only certain heights of dams and is specific to certain types of dams.  The language for the new law was given to DNR for commentary prior to moving it forward.

 Larry Aschenbrenner advised that Tom McGlaughlin and himself were guest bartenders at the Pizza Place again this year on St. Patrick’s Day and donated their tips to the Community Fund to Rebuild Lake Delhi.  They raised $630 for the fund and Leonard thanked them for the donation.  The new owners of the Pizza Place said they would be willing to consider another promotion for the dam.

 Jim Locke said the high water this month washed up a lift on his land in front of his house and asked  how soon the lake bed cleanup would start.  Leonanrd said Brian Hughes will be leading the effort.

 Bob Galiher asked status of the fish ladder and Leonard advised that Kray would post the variance letter on the District web site.

 Marcheta Cooey Lux said wanted to say a few words regarding the discussion in the work session to follow.  She believes we all want the lake to come back and that we need to work through our issues just as it has been done throughout the years at the lake.  By sitting at the same table to work on the issues as they did years ago when the dam was owned by the Schultzes,  should allow us to come to agreement.   She said she has watched how the Trustees conduct themselves and the residents of the lake have voted for these 7 Trustees to do what they feel is best for our community.  We cannot move forward until the dam is owned by a public entity.  Please respect the Trustee request so we can move forward.

 Bob Klima said legal issues arose at some locations on the lake and it would be good to allow the county to own the Turtle Creek area.

 Bob Galiher says he is in total agreement in the need for the transfer of the dam.  The LDRA signed the MOA (Memorandum of Agreement) and now we are dealing with issues coming along with the deeding of some of the property.  This is not an adversarial position, we just need to understand a process to accomplish the transfer.

Burger made motion to adjourn, Kramer second.  Motion passed with all ayes for adjournment at 5:40 pm.

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