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 2nd 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.