The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, July 26, 2018

6:30 pm

Lake Delhi Trustees Administration Building

Delhi, IA

 The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District was called to order at 6:30 pm by President Steve Leonard.

Trustees present: Leonard, Stabell, Havertape, Herman and Burger. Gifford by phone

Trustees absent: None

Visitors: Pat Colgan, Ed Schmidt, Dan Recker, Lamont Davidson, Jenny Garvin, Larry Aschbrenner and Dan Reyner

Motion to approve the meeting agenda as read was made by Herman, seconded by Staebell. Motion carried.

Motion to approve the minutes of previous meetings was made by Burger, seconded by Herman. Motion carried.

Claims were presented for payment in the amount of $15,596.51 from the General Fund for electricity and internet services, dam operation services, beach maintenance and port-a-potties, printer maintenance, lobbyist expense, Auditor services, office rent, and signage for Lost Beach. Stabell motioned to approve the claims for payment as read, Herman seconded. Motion carried.

June financial reports were presented. The General Fund had revenues of $3,850.27 from Delaware County and expenditures of $22,956.50, ending June at $1,775,605.92. The Debt Service Fund had revenues of $2,772.43 from Delaware County and no expenditures, ending June at $35,658.73. The Dam Improvement Fund had revenues of $10,000.00 and ended June with a $20,000.00 balance. Burger motioned to receive and file the financial reports as read, Havertape seconded. Motion carried.

The Board considered approval of a contract with Three Rivers FS for the purchase of up to 1625 gallons of propane at a cost of 1.389 per gallon. The contract runs from August 1, 2018 through March 31, 2019. Motion by Herman, second by Staebell to approve the contract with Three Rivers. Motion carried.

Pat Colgan presented information regarding proposed improvements to the automatic flood gates. He explained that we currently have contracts with Lunda for maintenance, with Rotork for work on the actuators, with Price Electric for miscellaneous work and with Jetco for work on the PLC. He noted that the actuators that were installed at the time of construction were actually purchased in 2007 prior to the dam failure. The goal of the operations team was to change out one actuator each year and have it serviced. This year actuator #2 was taken out and rebuilt. It will be install in place of #3 and the same procedure will take place with that actuator. The biggest concern has been the digital system that is used to communicate with the PLC. There’s been several issues this year that the digital system failed and the operations team were unable to move the gates. He proposed changing out the digital system to an analog system. The cost would be approximately $12,000 for replace the cards and do the wiring. This in addition to the previously approved work to change out Gate #3 actuator with a rebuilt one for $4000. After some discussion a motion was made by Staebell, second by Herman to approve those costs. Motion carried.

The Board discussed possible action on retaining legal counsel to address potential actions by the District with regard to short or long term payoff of the LDRA debt. Herman noted the balance of the debt is callable if the District would want to pay off. He stated that if the Board would want to do an early payoff there are restrictions of what can and cannot be done and legal counsel would give the Board direction in that regard.   Burger noted that he and Herman have been in discussions with Dorsey & Whitney regarding the issue. Herman stated that he would like the Board to approve payment of legal fees not to exceed $1,000. Motion was made by Burger, second by Havertape to approve. Motion carried.

The next agenda item was regarding the sale of the lake barge. Discussion centered around the legal requirements for the sale of public property.   Staebell asked for a motion to request proposals for the sale of the barge. Burger suggested to have it put on the August agenda to set the public hearing for the sale of the bard and have the public hearing at the September meeting. Staebell made the motion as noted, Burger seconded the motion. Motion carried.

Gifford reviewed with the Board the decision to transfer of monies to the Trustees that are currently held in the Community Fund to Rebuild Lake Delhi bank account at the Heritage Bank in Delhi . He made the motion to have the Board accept $91,000 from the CFTRLD to be used for the Wall of Recognition and public benefit. Herman seconded the motion. Motion carried.

Leonard and Gifford both expressed concern that movement on the Wall of Recognition must move forward. It was suggested that this topic be part of the August work session.

The Board considered possible dates for a work session. Burger made the motion to hold the work session on August 29^th at 3:00 p.m. at Okoboji Grill in Independence. Staebell seconded the motion. Motion carried.

Leonard asked for committee updates.

Burger noted the beach signage has been installed. He noted that additional parking signage is on hold until Rich Hughes finishes his docks. He also noted that Chris Jones had more hours this month for beach cleanup because of all the debris that landed on the beach after the last rains.   Other discussion centered around rock removal on the beach and possible upgrade on the volleyball net. It was noted Dave Fink has been doing a great job maintaining North Beach.

Colgan noted that Brian Monk is doing the riprap repair on the downstream side this week. There are issues with erosion coming down from the north road that runs down the downstream wall. That will be a rock striped to clean that up. There’s a lot of debris on the spillway but with the low flows some of that has been removed. There’s one large tree that will require a crane for removal. And tree with spikes that so heavy it will have to be drug out of the way and then cut up in the fall.

Herman stated he is attending a meeting tomorrow as part of the technical committee that’s putting together watershed management plan.

Leonard noted the Project Aware cleanup of the Maquoketa River occurred from July 8^th to July 13^th.   On July 10^th they went from the dam down to Hopkinton and it was the most cleaned up required during the entire event. They recovered motors, docks, lifts mostly in the first two miles downstream. Obviously, the items were attributed to the amount of material that went through the dam after the dam failure in July of 2010. Leonard stated they did the community a great service. At the next meeting there will be request to make a donation to Project Aware for their service in our area.

Burger noted that he and Pat Colgan met with a representative from ICAP who deals with “loss control”. He noted that he found no issues. He did recommend possible use of security cameras and that there are ICAP grants available to help with the cost.

Leonard noted that this Saturday is Christmas on the Lake. The permitting has been taken care of for that event. The permit for the fireworks has been approved and he noted they will be held August 4^th on the Schmidt/Dede farm across from the Freddie’s Beach. There’s work being done to prepare for an annual fishing tournament that will be held in September. Leonard noted that in the next Lake Delhi Voice there will be information provided by the DNR for issues regarding docks and boat light restrictions.

Motion was made by Burger, second by Staebell to adjourn at 7:35 p.m.

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, June 21, 2018

6:30 pm

Lake Delhi Trustees Administration Building

Delhi, IA

The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District was called to order at 6:30 pm by President Steve Leonard.

Trustees present: Leonard, Stabell, Gifford, Havertape, Herman and Burger

Trustees absent: None

Visitors: Tony Harmon, Keith Brockhohn, Aaron McMurrin, Pat Colgan, Ed Schmidt, Jason Wenger, Dan Recker, Lamont Davidson and Daryl Hogan

Motion to approve the meeting agenda as read was made by Staebell, seconded by Herman. Motion carried.

Motion to approve the minutes of previous meetings was made by Burger, seconded by Havertape. Motion carried.

Claims were presented for payment in the amount of $12,956.50 from the General Fund for electricity and internet services, dam operation services, beach maintenance and port-a-potties, service on fire extinguishers, printer maintenance, lobbyist expense, pest control services and website renewal. Havertape motioned to approve the claims for payment as read, Gifford seconded. Motion carried.

May financial reports were presented. The General Fund had revenues of $5,237.27 from Delaware County and expenditures of $86,834.83, ending May at $1,794,712.15. The Debt Service Fund had revenues of $5,756.35 from Delaware County and expenditures of $251,340.40, ending May at $32,886.30. The Dam Improvement Fund had no activity and ended May with a $10,000.00 balance. It was noted that the $10,000.00 transfer from the General Fund to the Dam Improvement Fund that was approved last month is being processed in June and so does not show on the financial reports for this month. Burger motioned to receive and file the financial reports as read, Herman seconded, Motion carried.

Members of the Delhi Volunteer Fire Department presented the Board with information regarding their diver training program. They currently have six members in the program with four of those members signed up to participate in the certification program. The cost to participate in Phase I of the training which includes open water rescue is $2,635 per person or $10,540 total for the department. They asked the Board to consider making a donation to the department. After some discussion a motion was made by Gifford, second by Staebell to pay 75% of the total cost of Phase I or $7,905 to the Delhi Fire Department Diver Training Program. Motion carried.

The Board considered action on the awarding the contract on the Scada Area Drainage Improvements Project. Jason Wenger from Burrington Group reviewed with the Board his conversations with the Delaware County Engineer regarding the possibility of the county financially participating in the project. The county engineer stated he feels there’s no reason for the county to participate financially although he does support the project and feels the work needs to be done. After some discussion Burger made a motion to award the contract to F.L. Krapfl, Inc. for both the base bid of $93,838.75 and the bid alternate of $7,063.00 totaling $100,901.75. Leonard made the motion to second. Motion carried.

The Board considered the appointment of a district clerk from within the board. Burger said he would volunteer to serve in the capacity until the next election of officers. Herman made the motion to appoint Burger, second by Gifford. Motion carried.

Consideration and possible action was taken on contracting with Laurie Kramer to provide clerical and accounting support to the Trustees. Burger made a motion to contract with Laurie at a rate of $400/month beginning July 1, 2018. He included in the motion to pay her $200 for the work she’s done to prepare for the current June meeting. Staebell seconded the motion. Motion carried.

The Board considered possible action on a storage solution for District legal documents that are currently in a number of locations. Options were discussed and a motion to table until more information could be gathered was made by Staebell, second by Gifford. Motion carried.

The next item on the agenda was possible action on the Boge lease agreement.   Herman provided the Board with information on an update on the easement agreement. Boge is asking for a separate easement agreement. The concern is the language relating to the use of 265^th St. and access to the area where removal of siltation would occur and possible damage to the road by the District or the contractor removing the material.   An additional concern is access to areas owned by other property owners that may be needed for siltation removal and this needs to be addressed. After some discussion a motion was made by Burger, second by Herman to table until a later date. Motion carried.

Gifford presented information regarding a proposal to utilize the space by the spillway for the Wall of Recognition park project.  Several board members had questions regarding the funding of the project, whether the project needs to be bid and liability and maintenance issues. A motion was made by Havertape, second by Leonard to approve the proposed project. Havertape then amended his motion to include approving the project along with going through the procurement and bidding process. After more discussion, Havertape moved to table the motion until more information is available, Herman seconded. Motion carried.

Gifford then presented information regarding the presentation given to the DNR regarding the proposal for the Wall of Recognition so they could work through any issues the DNR might have with the project. Jon Garten from the IDNR stated he would review and asked that Bill Holman from Stanley Engineering also analyze the project because of some settlement issues in the concrete path next to the spillway. There’s no urgency and the issue is not a major concern so a motion was made by Herman, second by Staebell to table any action on the DNR request. Motion carried.

Leonard asked for committee updates. Burger gave an update on beach maintenance. The signage for the beach has been given to Manchester Signs. The cost which was already approved by the board is between $600-$700 which includes cedar posts. He also stated that the sod that was discussed at an earlier meeting is going to be laid in the near future. Burger also stated that Chris Jones has been doing a great job clearing the debris that has been settling on the beach area.

Leonard spoke regarding lake recreational maintenance issues. He reminded the Board of an email he sent out regarding all of the debris that has been floating in the lake and that at some point in the near future the Board needs to be thinking about short-term and long-term strategies to deal with debris that ‘s coming downstream.

Pat Colgan gave an update on dam operations. He informed the board that the riprap work that’s needed downstream of the powerhouse will be done in the near future. This was work that was a result of the 2016 flood event that took out the existing riprap. He also noted that the process to change out the actuators is in place. He also talked about the three major floods we’ve had since 2016.

Herman gave an update on Water Quality and stated there’s ongoing work with the Maquoketa River Water Shed Group.

Herman said everything for FEMA from the 2016 flood has been filed. He has taken care of the final closeout paperwork . He expects the District to receive approximately $13,000 for a final closeout on the project. Leonard asked about the 2008 FEMA closeout. Herman stated there’s been a problem dealing with the mitigation process for issues that came up in the dredge site area.     He said it’s now in the hands of FEMA but noted they are anxious to closeout the project.

The meeting was open to public comment. Daryl Hogan addressed the board regarding the barge that he built in early 2000. He gave a description of the barge and stated that in 2006 he decided to sell because of the expense regarding insurance. He said Dave Fink and the LDRA expressed an interest in purchasing the barge so he sold it to them. During the breach of 2010 the barge went through the dam and sat below the dam for several years. He was asked to move the barge and he stored it for several years until it was moved to the dredge site. He told the Board he was interested in purchasing the barge back and would be interested in working with the District regarding lake cleanup. Herman expressed some concern because of FEMA but noted it might not be an issue. Leonard asked Hogan if he were to purchase the barge would he be willing to help with debris removal and how much staff he would need to provide that service. Hogan stated he would only need a couple of workers but is concerned about where he would go with the debris. Some concern was expressed that the purchase of the barge and a contract to do business should be two separate issues.  It was also noted that if the District sells public assets they would need to advertise for bids. The Board agreed to review the request and thanked Hogan for coming to the meeting.

Ed Schmidt expressed some concerns with how the Wall of Recognition donors were going to be recognized. Some additional discussion continued regarding costs and donors.

Burger motioned to adjourn, Herman seconded. The meeting was adjourned at 8:50 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, May 17, 2018

6:30 pm

Lake Delhi Trustees Administration Building

Delhi, IA

The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District was called to order at 6:30 pm by Vice-President Dan Staebell.

Trustees present: Staebell, Kramer; Burger, Havertape, Herman and Gifford. Leonard by phone

Trustees absent: None

Visitors: Ben Pasker, Ed Schmidt, Jason Wenger, Dan Reyner, Gary Grant & Larry Murphy

Motion to approve the meeting agenda as read was made by Herman, seconded by Havertape. Motion carried.

Motion to approve the minutes of previous meetings was made by Burger, seconded by Herman. Motion carried.

Kramer presented claims for payment. Claims for payment in the amount of $14,259.44 from the General Fund for electricity, dam operation services and generator inspection, printer maintenance, lobbyist expense, audit services, repair work at the dam, phone/internet service, license for dam trailer and annual dam inspection were presented. Requests for payment in the amount of $251,340.40 from the Debt Service Fund for bond principal and interest were presented. Burger motioned to approve the claims for payment as read, Herman seconded. Motion carried.

Kramer presented the April financial reports. The General Fund had revenues of $18,723.47 from Delaware County and expenditures of $14,036.27, ending April at $1,876,309.71. The Debt Service Fund had revenues of $30,560.43 from Delaware County and no expenditures, ending April at $278,470.34. The Dam Improvement Fund had no activity and ended April with a $10,000.00 balance. Burger motioned to receive and file the financial reports as read, Herman seconded, Motion carried.

The Board considered the annual financial compilation report by Hunt and Associates for fiscal year 2017. The report confirmed that the Board did not need to amend its budget for last year and did not exceed planned expenditures. Motion to accept and file the compilation report made by Burger, seconded by Herman. Gifford asked if we could receive the document to file electronically on our website. Kramer said she would check with the Auditor’s Office. Motion approved.

Kramer presented Resolution 5.17.18 to authorize Delaware County to conduct the July, 2017 trustee election. Herman made a motion to approve the resolution, second by Burger. Motion carried.

The Board considered possible action on a donation request from the LDRA for assistance with the LDRA dredge debt. The LDRA requested $72,575.50 for the June 1^st payment for the dredge debt.  Dan Reyner, the LDRA treasurer also suggested the Trustees review the payment schedule for the remaining dredge debt noting the payments continue to increase each year until dredge debt is fulfilled. Burger indicated he would check on the call provision on the debt. Motion was made by Herman, second by Burger to pay the current payment that is due. Motion carried.

A public hearing was opened on the proposed contract documents and estimated cost of the SCADA area drainage improvements project.   Jason Wenger gave a brief description of the project and opened it up for public comment. He noted that the engineer’s estimate for the base bid of the project was $124,325.00 with a bid alternate for upsizing the storm sewer of $6,290.00.   Public comment was received. Schmidt asked if the culvert improvements going into the driveway was the responsibility of the county. Wenger said the driveway was private and the responsibility of the owner. Reyner asked that if the county road is a conduit to the water coming down and causing the erosion is the county contributing anything to the project. Wenger stated that the trustees made changes to the property so it makes it difficult to ask for county participation. There has been no formal request from the county to contribute. Staebell asked if we need to ask for input from the county before we award the contract. Wenger stated we have 60 days to award the contract and that once the contract is awarded the contractor has 45 days to complete the project with an end date of no later than November 1, 2018.     Burger asked Wenger his opinion on upsizing of the storm sewer from 24” to 36”.   He said theoretically and 24” storm sewer would cover a 10 year event and a 36” storm sewer would cover a 50 year event.

A motion to close the public hearing was made by Burger, second by Herman to close the public hearing. Motion carried.

Wenger informed the board that the bid opening was held at the county house on Tuesday, May 15^th.   There were eleven contractors that took out bid documents and eight that returned the bids with a bid bond associated with them. The low bid was from F.L. Krapfl, Inc. out of Dyersville. The bid was for $93,838.75. The high bid was $149,341.00. Krapfl had an alternate bid of $7,063.00 for a total bid of $100,901.75. Burger asked Wenger if the motion to award it tabled would he have conversations with the county engineer regarding their participation in the project. Wenger said he would follow whatever direction he was given by the board of trustees. Burger made a motion to table the award until next month to give Wenger time to meet with the county engineer, Herman seconded the motion. Gifford asked what options the board has regarding awarding the contract. Wenger said the bids are good for 60 days and the trustees can accept or reject all bids.   Wenger suggested that he and another trustee meeting with the county engineer and then schedule a separate meeting with the county supervisors to review the project.   With no other comments, the motion carried.

A resolution to transfer $10,000 into the Dam Improvement Fund was introduced by Kramer. She noted that per our 28E agreement with the Delaware County Supervisors we are required to transfer no less the $10,000 annually into this fund. The trustees can always transfer more into the fund if desired.   It was noted this is merely a transfer and the overall budget balance remains the same. The purpose of the transfer is to make sure we have allocated funds available if monies were needed for unanticipated dam expenses. Motion was made by Herman, second by Havertape.   Motion carried.

The board of trustees considered the resignation submitted by Kramer effective May 18, 2018. Kramer stated that she and her husband had put their cabin up for sale and when it sells she would no longer be eligible to be a trustee. She also noted that she learned she had to resign 60 days prior to the July 17^th election and that was way the resignation was effective so soon. A motion was made by Burger, second by Herman to accept her resignation. Motion carried.

Gary Grant and Larry Murphy, lobbyists for the Lake District, were present to give the board a legislative update. Grant stated that the goal this legislative session was to make Lake Delhi eligible for the lake restoration fund. The DNR made some restrictions regarding eligibility requirements that make lakes that have a watershed ratio greater than 200:1 ineligible for funding. Lake Delhi’s ratio is greater than that limit. Grant & Murphy lobbied the House with the help of our local representatives but were unable to get language approved to change that requirement. Grant stated that being eligible for the lake restoration funding is crucial to Lake Delhi because it will likely be the sole source of funding the District will receive from the State. Grant stated that the argument with some legislators has been that Lake Delhi is not a private lake and should be allowed the same resources as any other public lake in the state of Iowa. He also stated that because of the investment made by the state to help with the rebuilding of Lake Delhi he has been lobbying that it would a mistake to not help maintain it as a public resource. Kramer asked if there has been a major change in the legislature from when the District was first awarded the $5 million from the state that caused a shift in support for Lake Delhi. Murphy stated there has been some change and some of our major supporters are no longer there.  He also stated that the watershed ratios affect not just Lake Delhi but most of Eastern Iowa.   It was noted that with the upcoming election for governor there’s a large support on the Democratic side to raise sales tax by 1¢ to support water legacy which would support a lot more money for watershed management authorities. This may be an area where the trustees direct their interest. Grant suggested that with the upcoming legislative elections it would be wise to bring candidates to visit Lake Delhi to give them an overview of what’s happened at Lake Delhi and the needs going forward along with the impact that the rebuilding of Lake Delhi has had economically within our community. Gifford asked if we should be thinking about taking the pressure off the legislature or should we keep moving forward. Grant indicated the felt keeping the momentum going is easier than trying to generate momentum. That would need to be a decision by the board.   Grant said there are two big issues going forward that will contribute to the success of the district. Being able to participate in the Lake Restoration Funding is the best source for ongoing funding. Particpation in the Watershed Management Authority is necessary because these authorities are well positioned to help mitigate downstream erosion.

Committee Updates:

Beach Maintenance – Burger stated that the beach committee had talked with Rich Hughes about parking on the beach for the bar patrons and also the run-off from his parking area. Rich is going to sod on the hill on his property. Rich suggested we sod about three foot on our property. He has prices and would lay the sod and maintain it. Rich though our share would run between $600-$700 dollars. There was some discussion about how soon Rich was expected to start the project. The resolution we have in place allows for the President and Treasurer to authorize expenditures up to $5,000. The consensus was to have Rich move forward with the project assuming we get something in writing to confirm he is willing to maintain the sod and the board would formally approve the expenditures at the June meeting.

Burger also mentioned he has been working on signage for the beach. He got an estimate from Manchester Signs on a 4’ x 8’ sign with steel poles. The cost would be around $600 that includes installation. Once the trustees come up with verbiage they would start the design for the sign or signs. Burger also stated we may want some more smaller signs for parking at around $60.

No other committee updates.

Public Comment: A question of asked of who’s up for re-election. Larry Burger and Doug Herman are up for re-election and there will be an election for a two-year term that was vacated by Kramer.

Burger motioned to adjourn, Gifford seconded. The meeting was adjourned at 7:54 pm.