Lower Platte North NRD
September 29, 2016 9:30 AM
Executive Committtee Meeting
1. POSTPONED MOTIONS
1.a. Off Site Water Table Concerns Near Sand Creek
Rationale

9-12-16  To offer tiling and Wetland Reserve Program options to landowners impacted by the Wanahoo Wetland contingent on receiving a hold harmless agreement before exploring other options. 

Mary Kay Stoeber, Greg Harding and John Divis were present and discussion occurred concerning damages they felt they were receiving caused by the Lake Wanahoo Project.  Considerable discussion occurred.

Ruzicka moved and Hilger seconded that the Executive Committee go into closed session to protect the public interest due to potential litigation and that Lausterer, Miyoshi and Mountford remain with the committee.  Motion carried all members voting aye.

Birkel moved and seconded by Olson to go out of closed session at 10:47 a.m.  Motion carried all present voting aye.

Lausterer was directed to contact the three landowners (Gaughen, Murren and Stoeber) asking for a formal claim with a listing of damages they feel they are receiving.

2. MEETINGS
2.a. Pending
2.b. Reports
3. MANAGEMENT ITEMS
3.a. Directors Absence
Rationale

None

3.b. Monthly Education Program
3.c. Ourada Claim
Rationale

Chair Hannah was given the attached letter from Ourada's yesterday.  Basically they are willing to go through mediation.  They have rethought the statement concerning no attorneys, and now feel both sides can have counsel present. Jovan suggests we use mediator John Brownrigg and that a sub-committee be appointed to represent the board and wanted to remind the board that they are the ones who determine who we will have present at the mediation representing the NRD.  Chair Hannah is appointing the following board members to the Sub-committee: Bailey, Birkel, Clausen, Hannah and Veskerna.

Attachments
Recommended Motion

To approve going to mediation concerning the Ourada Claim and authorize Lausterer to make all necessary arrangements including hiring of a mediator. It is further approved to appoint the following board members to represent LPNNRD at mediation; Bailey, Birkel, Clausen, Hannah and Veskerna, with Hannah authorized to appoint any needed substitutes

Actions Taken

Motion Passed:  To approve going to mediation concerning the Ourada Claim and authorize Lausterer to make all necessary arrangements including hiring of a mediator. It is further approved to appoint the following board members to represent LPNNRD at mediation; Bailey, Birkel, Clausen, Hannah and Veskerna, with Hannah authorized to appoint any needed substitutes passed with a motion by Robert Hilger and a second by Gene Ruzicka.

3.d. Visioning a Future for LPNNRD
Rationale

At the September Board meeting we had Steve Wolf Share his thoughts for Visioning a Future for LPNNRD.  When we discussed this in August it was decided to have Steve share his thoughts with us in September and then make a decision on if and when we would like to work with him, a copy for the proposed contract is attached.  In August the thought was to have him preform the board interview work in November thru January so that individual interviews could be preformed with all current as well as any newly elected board members with the one-half day session to occur as part of the annual board retreat in February.

Attachments
Recommended Motion

To not proceed with "Visioning a Future for LPNNRD" with JEO

Actions Taken

Motion Passed:  To not proceed with "Visioning a Future for LPNNRD" with JEO passed with a motion by Gene Ruzicka and a second by Matt Bailey.

3.e. Postponed Motions (Tabled)
Rationale

We are adopting a new item on each committee agenda that will carry over to board meetings.
 
First some history; we use Sturgis “Standard Code of Parliamentary Procedure” as the guideline to run our meetings.  
 
1.  We have not been following Sturgis correctly when it comes to tabling motions.  With Sturgis if a motion is tabled it can only be brought off the table for the remainder of the meeting.  Once the meeting ends the motion is lost forever and can only be resurrected if someone makes a new motion.  This works at the legislature because the session opens in January and does not close until the final day of the session (they recess at the close of each day) so tabled motions can be brought back up until the session closes, then they are lost forever.  Thus tabling a motion is a motion to kill.  A 2/3 vote is needed to table a motion.
 
2.  The proper term is to “Postpone” a motion.  A motion may be postponed to a specific time.  If the motion does not have a specific time then it will appear on the next months committee (board) agenda under “Postponed Items”.
 
3.  Items on the “Unfinished Business List” are to be addressed by the committee (board).  The committee may:
a.  Act on the item
b.  Move to “Postpone” the item to the next meeting
c.  Dismiss” the item by motion
 
4.  Beginning with October committee meetings we will place at the front of each committee agenda "Unfinished Business".  All postponed motions from the previous month as well as any carry over items not handled the previous month will be listed under this heading, if there are none "None" will be the only item in the list.
 

3.f. Meeting Procedures
Rationale

Legal Counsel Lausterer has drafted the attached "Policy and Procedures" for conducting our meetings.  He is suggesting that this or a similar procedure be adopted to help create better flow in our meetings.

The Executive Committee is asking for director comment on this item.  It will be discussed at next months Executive Committee meeting.

Attachments
3.g. Water Leaders Academy 2017
Rationale

Applications for Water Leaders Academy 2017 are due by November 15.  In 2013 we sent Dave Saalfeld to the program and in 2015 Joe Birkel attended.  The commitment is for six meetings of one and one half days each through out the year.  The cost for the program is $2,000 per participant.

The Executive Committee will ask at board meeting if we have any board member of staff person interested in attending and representing our district.

Attachments
4. EQUIPMENT
5. PERSONNEL
5.a. Engineer Position
Rationale

Last Month a letter was received from the American Council of Engineering Companies with concerns about LPNNRD hiring an engineer.  See attached letter.

Senator McCollister has set a meeting for October 5 with our NRD and Upper Big Blue.

Attachments
6. FINANCE
6.a. Update on HBE 360
Rationale

Immediately after completing the LPNNRD 2016 Audit HBE began preparation of assuming our accounting duties.  HBE 360 is set to begin payroll on October 1, that is the beginning of the 4th quarter for state and federal payroll records.  For the remainder of this month and October HBE will key in our financial records dating back to July 1, 2016 and the goal is to begin paying bills in November.

Cindy Love was present and gave an update.  Her staff will be working with Jill and our staff to keep the change moving forward on schedule.

6.b. Approval of Financial Reports
Rationale

The June financial was completed the day of Executive Committee meeting and has been distributed to all board members.  A motion at board meeting would be proper to approve the June 2016 Financial Report.

Recommended Motion

To approve the June 2016 Financial Reports as distributed to all board members

6.c. Approval of Managers Time and Expense Sheets
Attachments
Recommended Motion

*To approve Managers Time and Expense Sheets as attached to the Executive Committee Minutes

Actions Taken

Motion Passed:  To approve Managers Time and Expense Sheets as attached to the Executive Committee Minutes passed with a motion by Gene Ruzicka and a second by Joe Birkel.

6.d. Accounts over 90 Days
6.e. FY16 Audit
Rationale

The Audit Sub-Committee met at the end of the Executive Committee meeting to receive the Audit Report from HBE.  Members present: Bailey, Birkel, Hilger and Sobota with Hannah also in attendance.  Cindy Love led the discussion with no changes being suggested.  HBE will forward a power point presentation and Joe Birkel will lead us through the main points of the Annual Audit at 7:30 p.m. during board meeting.  Cindy will be available for questions by conference call.

Recommended Motion

To accept and place on file the 2016 Audit Report form HBE