The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Meeting
Thursday, April 4, 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 5:04 PM at Maquoketa Valley Middle School Conference Room.
Trustees present: Leonard, Kramer, Peter, Davidson, Burger, Schneider and Kray
Trustees absent:
Visitors: Jim Locke, Diane Bauers, Margie Schneider, Gordon Anderson, Pat Anderson, Bob Klima, Bob Galiher, Matt Hektoen by phone
Agenda reviewed by Leonard. Motion made to approve agenda by Davidson, second by Schneider . All ayes, motion passed.
Leonard advised there is a revised Memorandum of Agreement (MOA) with the LDRA after our work session. Hektoen said we are back to the original MOA in terms as to what land is conveyed. The only real estate in tracts 1-93 that will be held back by the LDRA is parcel JJ which is a small parcel by North Beach and the LDRA will retain the dredge containment site for further discussion regarding the ‘right of first refusal’ on that property. The rest will be conveyed to the District. The original MOA had a restriciton on ownership whereby lake proeprty and the dam site had to be held by a public entity into perpetuity. Following our discussion during the work session, only the dam site itself and Lost and North Beach will be subject to that restriction. In addition, if the District wants, they can follow the same procedure that cities use to sell property which includes public hearings, etc. Hektoen used April 25, 2013 as the close date to accommodate Mitvalsky’s schedule. Motion to approve 3rd Memorandum of Agreement by Kramer and second by Kray. Hektoen said that once the issues surrounding Parcel JJ are settled the LDRA is subject to send that land to the District. Davidson asked when the LDRA received the document and Hektoen said he gave it to Mitvalsky on Friday, March 29, 2013. Locke said he received it on Tuesday, April 2. Burger asked Locke if he had any questions on the document and Locke said nothing of significance and has no questions of the Trustees prior to the LDRA meeting. Galiher indicated he was in compliance with what Locke said as he had no particular objection to anything in the document. Individual roll call requested on the motion to accept the revised MOA. All ayes, motion passed. Hektoen left the call.
Leonard gave background on the agreement with the DNR for funding purposes. The agreement in front to the Trustees is the result of meetings between the Legislative Committee and the DNR to facilitate the movement of monies between the DNR and the District. This agreement is somewhat different from our original agreement with the DNR regarding the initial funding of $350,000. It outlines the scope of the project and allows for the first $2.5 million must be spent by 2016 and the second $2.5 million must be spent by 2017. Any project costs are eligible as of July 1, 2012 and Attachment A details what work is eligible. Wastewater had been taken out but remains on this copy so Leonard will need to initial the word ‘wastewater’ and remove it. The County Auditor and the County Attorney reviewed the document as we follow county procedures for payments. The District will make payments first and then will be reimbursed by the DNR. Within the document there is a requirement to do project updates and Stanley Engineering is aware of these requirements as they will provide the updates and Stanley will make sure work is completed before any payments are made. Kramer made motion to accept the DNR agreement and Schneider second the motion. Davidson asked how many contacts we will have at the DNR and Leonard said George Antonio will be the primary lead for the DNR and he will make sure Dir. Gipp and McGhee will be copied. Davidson asked what the payment process looked like and Kramer said she receives the invoices, the Finance Committee will review and when done, she scans everything and forwards to the DNR. Burger said the Finance Committee will review all payments the Saturday before each regular monthly meeting. Locke asked if our contracts will have progress billing milestones and Peter said there are some progress billings in the RFP document. Peter said specific progress reports will be demanded in order for those payments to be made. Individual roll call requested on the motion to approve the DNR agreement, all ayes, motion passed.
Schneider discussed the storage agreement for the work platform with Darryl Hogan. The original document had the District name incorrect and had Hogan wanted the start date to remain the same so the contract completes in November 2014. Burger said we have no obligation that we will sell it to him and Schneider indicated that was true. Burger made motion to approve the storage agreement with Hogan, Peter second, motion passed.
Public comment – Galiher asked if the flood plain bill that is being considered. Leonard said the House approved it, yesterday the Senate committee met and approved it unanimously and now it goes to the floor of the Senate. Galiher also asked if public access has been dropped by the DNR? Leoanrd said access is very important and they know it is important to us. We have to make it part of our plan they have given us more time. We are working with the County and those discussions will continue.
Locke said salvaged both boats and we will need to re-register the work platform when we are ready to use it. Locke also said the LDRA had to buy 250 gallons of LP for the office. Galiher said there was a package on the outside of the office building and Locke said it is a podium that is used for the LDRA annual meetings.
Diane Bauers asked what equipment was being stored at Hogans and Leonard indicated it is the work platform or old barge.
Bob Klima said the agendas come out on the web site in very small print. Kray said she would enlarge the print on the next posting.
Motion made by Kray and second by Kramer 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 purpose of restoring the lake and dam. Individual roll call requested, all ayes, motion passed.
After closed session, motion to adjourn by Schneider, Kramer second, motion passed. Meeting adjourned at 6:21 PM.
