Minutes for Trustee Regular Meeting – April 18, 2013

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 18, 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 6:37 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Larry Burger

Visitors: Marcheta Cooey Lux, Bob Klima, Bob Galiher, Diane Bauers, Larry Aschenbrenner

Bob Hatala, Matt Hektoen, Bill Hughes, Randy Sweet, Debbie Sweet, Oreh Reihes, Diane Bauers

Agenda reviewed by Leonard. Motion made to approve agenda but to move item 10 before item 11 by Schneider, second by Kramer.  All ayes, motion passed.

Kray requested approval of minutes for 3/21/13, 3/21/13 work session and 4/4/13. Hatala added comments to 3/21 works session.  Kramer made motion to approve 3/21 and 4/4 minutes and  withhold work session minutes, Peter second.   All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000;  Simmons Perrine Attorney for $5567.00;  Alliant Energy for $16.62.  Kramer indicated there is also an annual insurance premium for property insurance for the  house and office in the amount of $948.00.  The Finance Committee reviewed this billing and felt we might be able to increase the deductible and change the values to reduce our payment.   Currently the house is insured for $130,000 and building for $70,000 but the assessed value is $107,000 for both.   If we change either items on the policy, we will get a credit back.  Motion by Schneider to approve payments as presented, second by Davidson.  Davidson asked  about liability for  the Peck property and whether it was covered but also indicated the property is not secured.  All ayes on motion for payment, motion passed.  Kramer then went through the Stanley billings to be taken out of  the bond fund for $281,115.23.  These billings are service back to June 2012 to the current invoices.  The Finance Committee reviewed all invoices and some will not be reimbursed by DNR because if the work was for  FEMA, the state funds won’t cover that.  We need to approve the total payment and pay Stanley and then ask the state for reimbursement.  Motion to approve Stanley Engineering invoices by Schneider, second by Kray.  Leonard advised we have received the executed contract from the DNR for transfer of the state funds.  Individual roll call requested, all ayes, motion passed.

Kramer covered the financial report and as of March 31, 2013 the ending balance of the General fund was $51,690.94, we received a tax draw of $45,628.21 and after bills were paid, we have an ending balance of $82,142.78.  The balance for the Debt Service fund at the end of March is $300,891.73 and the balance for the Dam/Spillway Project fund is $5,918,811.64.

Kramer introduced the resolution to allow auto payment of the bond schedule which allows the   County to take the bond debt schedule and make automatic payments for us.  Kramer read resolution. 4.18.13.  Davidson made motion to accept the resolution, Peter second.  Individual roll call rquested, all ayes, motion passed.

Committee updates

Legislative committee – the legislature passed our bill that says we can build a dam using existing easements as long as our environment passes 50% more water than it did previously.  They have a high degree of confidence the Governor will sign the bill next week.

Finance – Kramer said nothing more than what was covered prior in her session on billings

FEMA – nothing new

Dam Construction – our bid documents are in front of Homeland Security for review

Property Management – nothing to report

Public Comment – Randy Sweet asked if the bidding process hasn’t started yet, is it possible for any construction to start this year.  Leonard said we are waiting for the Corp permit to start.  Phase II hasn’t been okayed yet.  Final drawings for Phase II should be done in 4-6 weeks.  Those final drawings will go through a final review with the County, FEMA etc.   The ultimate goal is to get the work done as soon as possible but not take our eye off of the ball for completion.  Sweet asked if  we will start Phase I before we receive the Phase II permit/approval – what is the risk?  Leonard indicated that will need to be evaluated by the Trustees.  Leonard said we did receive the fish ladder variance.  Kramer asked about SHPO and if their issues have been addressed.  Peter said he spoke with Pat Colgan and he said it could be a month out.

Debbie Sweet asked about weeds and environmentally what are we doing with the lakebed.  Leonard said the DNR had a lot of input as to what we can use.   She said it was the River Willows that we need to get rid of.   Each neighborhood association needs to be mindful and discuss how work can begin.  Brian Hughes is supposed to be heading up the riverbed cleanup.   Kray can put the DNR documents up on web site so they are easier to find.  Davidson said property owners shouldn’t wait for the Trustees, they should try to get their lakebed work coordinated within their association if necessary.

Bob Galiher said we discussed paying bills for the Engineers and that the DNR would reimburse for all but $94,000.  What does the $94,000 entail.  Leonard explained the FEMA work that we contracted with Stanley for is not covered by the state and we had 2 billings that were done prior to July 1, 2012 when the state money was allocated.

Motion to go into closed session on 3rd amendment to the Memorandum of Agreement with the LDRA for the acquisition of real estate pursuant to Iowa Code Section 21.5 (j) by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Trustees came back into regular session.  Motion to go into closed session for discussion about the litigation filed by Dave’s Complete Construction and strategy with counsel pertaining to same as allowed by Iowa Code Section 21.5(c) by Kramer,  Schneider second.  Individual roll call requested, all ayes, motion passed.

Motion by Kramer to adjourn, Davidson second.  All ayes, motion passed and meeting adjourned at 9:23 pm.

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