Great River Regional Waste Authority Regular Commission Meeting December 15, 2004 Minutes A meeting of the Great River Regional Waste
Authority Commission was held Wednesday, December 15, 2004, at the ISU Lee
County Extension Office, Donnellson, Iowa The following Commission Members were present: Chairman Marc Lindeen, Henry County Commissioner Dunek, City of Keokuk. Commissioner Steve Ireland, City of Fort
Madison; and Commissioner Bob Woodruff, Lee County. The following were also present at the meeting: Mr. Tim Yoder, Director; Sally Johnson,
Gerry Baksys from the media and Christine Collier, Barker Lemar. I.
Meeting Called to Order Chairman
Lindeen called the meeting to order at 4:30 p.m. Chairman Lindeen requested
Mr. Doug Napier, Legal Counsel to provide a legal opinion to the Commission
on conducting business with the recent withdrawal of the Iowa Department of
Corrections from the 28E Agreement.
Mr. Napier’s response was as follows:
In concern of the recent withdrawal of Iowa Department of Corrections
from the 28E and conducting business within the Roberts Rules of Order for
the City of Keokuk, Lee County, Henry County and the City of Fort
Madison. It is my opinion for legal
quorum for these meetings from here on out acknowledging Roberts Rules of
Order will be formed with the simple majority of three so that business can
be conducted with only three members here and under that scenario the simple
majority of quorum is all that is necessary to approve business which would
mean that 2 out of 3 would pass on action items in the event that four people
are not here. Passage of either an
amendment to the 28E to contrary or a Resolution to the contrary, then that
is not an interpretation of Roberts Rules of Order as to how business can be
conducted. And with a number of four
people there is not an odd number of votes and tie would defeat the
vote. Commissioner Dunek asked if Mr.
Napier has any advice to give the Commission. Get along and do everything by consensus. We have talked about at some point
amending the 28E but I do not think that is an issue, the issue is quorum and
it is pretty standardized. But that
could change if we decide to add additional parties to the 28E or additional
representative or allocate the representative votes. Dunek: What are the issues surrounding 2B
then. Napier: that was a Resolution
and I think now that it is obsolete and with IDOC’s withdrawal it changes
everything. Ireland: With this change, do you ever foresee a
stall or gridlock in some things and stall business. I would not advocate that, but I could see
where it maybe could happen.
Napier: Quite frankly yes that
scares me. Looking at this and
working with Rule 2B Rule 2B in that situation you had to have a unanimous
vote when there was an absence of one person. Now that is not required and that should ease that concern but
for four people with a gridlock that is where you are. You either work through it and table it or
you create chaos. Woodruff: I was under the understanding that it was
a majority of vote. Napier: It is the
majority of vote by quorum. It has
not changed since 1916 when the Robert Rules of Order have been written. Simple majority of membership is quorum
and a simple majority of quorum is sufficient to pass an election. With four people here you have to have
three to pass, with three people here you have to have two to pass. Woodruff:
going back to city council days, with five people present we could
take a vote but we could not take any action. Napier: did you have specific rules? Not that I know of, It took all of us to take an action. You can have quorum but you cannot take
any action. Napier: I think that is a misinterpretation of
Roberts Rules but you can deviate from them.
I think that you can make it however you want to but with following
Roberts Rules of Order, a simple majority is quorum and a simple majority
will pass an action item. Dunek: I think that these are the rules that we
have to follow from here on. With
undesirable items we either need to table them or press on. II.
Approval of the Agenda Chairman Lindeen called for additions, deletions, or
corrections to the agenda. Motion made by Commissioner Dunek seconded by
Commissioner Ireland. No discussion. Motion adopted by unanimous voice vote. III.
Approval of November 19, 2004 Meeting Minutes Motion was made by Commissioner Woodruff to approve the meeting minutes seconded by
Commissioner Dunek. No discussion. Motion adopted by unanimous voice vote. IV.
Public Comments None V. Barker Lemar Update Ms. Christine Collier updated the Commission on
Barker staff working with Rich Limer from Caterpillar on the GPS system for
the new Compactor. The Annual Water
Quality Report for 2004 has been completed and submitted to the
Department. She noted that the
parameters for monitoring wells 24 and 25 went down. They will be scheduling the next airspace
analysis and that it will be a six month analysis from the last one. The deadline for being over a liner has
been moved to October 2007. The IDNR
is waiting for a response to the deadline request from the EPA. VI.
Director’s Report Director Yoder shared with the
Commission that the wheel loader at the Transfer Station has developed an
engine problem that has not been able to be resolved by Altorfer staff. The engine is in need of an overhaul. A quote from Altorfer’s to restore the
machine and fix the engine problem would exceed $25,000. The engine is not a Cat engine and an
overhaul would only come with a six month 50 hour warranty. Replacement of
the wheel loader was not intended until FY08 in which a Certified Rebuild was
planned at a cost of $75,000. A bid
was received from Altorfer for a new Cat IT14G loader which includes a trade
in of the IT14C of $18,000. The Caterpillar compactor has been in operation
for nearly three weeks. Staff is
getting use to the handling of the machine and the CAES system. Since the fires at the landfill, staff has
been looking into a security camera system for the landfill and compost areas
of the property. The used oil burning
furnace in the shop has quit and staff is not able to repair it. A bid for a new used oil furnace was
shared with the Commission and will be acted on during the Action Items. The Administration Office was broken into
over the weekend of November 27 and 28th. Nothing of great value was taken. Items on desks and in files were sorted
through and moved around. The
incident was reported to the Ft. Madison Police Department on Monday November
29th. Cost of replacing
windows in the building and a security alarm system will be sought. Staff will have the application and forms
completed for the USDA Rural Development grant will be turned in before the
December 31, 2004 deadline. Larry
Fair from the USDA office located in Mt. Pleasant will be assisting with the
completion of the application. Staff
attended the SWAP strategic process improvement initiative in Des Moines. VII.
Earthly Goods Report None VIII.
Legal Counsel Report None IX. Action Items Resolution GRRWA 05-17: Resolution Approving Expenditures. Motion by Commissioner Woodruff seconded
by Commissioner Dunek to adopt Resolution 05-17. Motion adopted by unanimous voice vote. Resolution GRRWA 05-18: Resolution Approving the Purchase of
Security System. Motion made by
Commissioner Ireland seconded by Commissioner Dunek to adopt Resolution
05-18. Motion adopted by unanimous
voice vote. Resolution GRRWA 05-19: Resolution Approving Barker Lemar
Proposal. Motion made by Commissioner
Dunek seconded by Commissioner Ireland to adopt Resolution 05-19. Motion adopted by unanimous voice vote. Resolution GRRWA 05-20: Resolution Approving the Barker Lemar Proposal. Motion made by Commissioner Dunek seconded
by Commissioner Ireland to adopt Resolution 05-20. Motion adopted by unanimous voice vote. Resolution GRRWA 05-21: Resolution Approving the Purchase of
Equipment. Motion made by
Commissioner Ireland seconded by Commissioner Dunek to adopt Resolution
05-21. Motion adopted by unanimous
voice vote. Motion made by Commissioner
Woodruff seconded by Commissioner Ireland to purchase a used oil burning
furnace for the shop at a cost of $7600 to be paid out of the Wood Waste
Account. Motion adopted by unanimous
voice vote. X.
Executive Session: Personnel Motion was made at 5:40 P.M. to enter into Executive
Session by Commissioner Woodruff seconded by Commissioner Ireland. Motion adopted by roll call vote. Commission came out of Executive Session at 6:10
P.M. and back into Regular Session. XI.
Other Business Motion
was made by Commissioner Dunek seconded by Commissioner Ireland to increase
Director Yoder’s salary from $57,200 to $60,060 retroactive to anniversary
date. Roll Call Vote Commissioner
Woodruff, abstain; Commissioner Dunek, aye; Commissioner Ireland, aye; and
Chairman Lindeen, aye XII.
Board Member Comments Commissioner Dunek
reported that the Planning Committee met and discussed the Source Separated
Organics capacity and asked at that meeting that Director Yoder provide a
Resolution from Barker Lemar for the Phase 2 Region 2 expansion for approval
by the Commission. Commissioner Ireland
asked where the Financial Report was for the Compost that he requested. Director Yoder responded that the report
was handed out at the last meeting and that he would get a copy to him in the
mail. Mr. Ireland also requested a
list of Committee’s and the Commissioners that have been appointed to them. Chairman Lindeen shared
that Tim and Lynn Whaley will be helping with a Sharp’s Issue in Henry
County. XIII Adjourn With
no further business before the Commission, Commissioner Dunek made a motion
to adjourn, seconded by Commissioner Ireland. Motion adopted by unanimous voice vote. Meeting closed at 6:25 P.M. Approved as to form and
content as adopted at the January 21, 2005 GRRWA Commission meeting.
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