Minutes from January 21, 2016

The Combined Lake Delhi Recreational Facility and Water Quality District

Regular Meeting

Thursday, January 21, 2016

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 by President Steve Leonard at 6:30 pm.

Trustees present: Leonard, Gifford, Burger, Kramer, Davidson, Herman, Colgan (via Skype)

Trustees absent: None

Recording secretary: Shelley Kallenbach

Visitors: Larry Peter, Eve Peter, Donald Dede, Becky Willey, Jim Willey, Ed Schmidt, Margie Schneider, Bruce Schneider, Randy Rattenborg, Jason Wenger, Dave Larson, Ben Pasker, Bill Lux, Marcheta Lux

Motion to approve the agenda as posted made by Davidson, seconded by Burger, motion approved.

Motion to approve the December 17, 2015 meeting minutes made by Burger, seconded by Gifford, motion approved.

Kramer presented payments for approval. Payments in the amount of $2,672.26 for electricity, printer maintenance, warrants, lobbyist, salt and sand, and internet were presented from the General Fund. Payments in the amount of $660,463.50

for dam operations, Phase 2 and Phase 1 payments, and engineering services were presented from the Dam/Spillway Project Fund. Motion to approve payments as read was made by Burger, seconded by Gifford, motion approved.

Kramer read the financial reports through December 31, 2015. The General Fund had revenues of $4,814.86 from the county and interest, and expenditures of $3,568.38 from approved miscellaneous payments, ending December at $257,397.70. The Debt Service Fund had revenues of $6,539.62 from the county and interest, and no expenditures, ending December at $178,137.00. The Dam/Spillway Project Fund had revenues of $1,245,412.59 from county, community fund, and LDRA revenues, and expenditures of $445,412.45 for Phase 2, engineering, and contracted services, ending December at $3,692,058.17. Motion to receive and file the financial reports made by Burger, seconded by Herman, motion approved.

Motion to request reimbursement in the amount of $299,681.95 from Delaware County made by Herman, seconded by Gifford, motion approved.

Motion to request reimbursement in the amount of $350,530.55 from the Community Fund to Rebuild Lake Delhi made by Davidson, seconded by Gifford. The Community Fund will have approximately $60,000 left in it after this requested draw. Motion approved.

Motion to approve Thursday, March 3rd at the Administrative Building at 6:30 PM for a public hearing to approve the FY 2016/2017 budget was made by Burger, seconded by Gifford, motion approved.

The Board considered possible action on a proposal from Dubuque Fire Equipment for equipment needed for dam operations. Dubuque Fire Equipment was recommended to assist with finding necessary fire protection equipment for the dam. A walkthrough was conducted, and DFE provided an itemization of what is needed and pricing. Their recommendation for equipment came to a cost of $2,614.00. Colgan advised that he believed this was an appropriate recommendation. Motion to approve the proposal from DFE as read made by Herman, seconded by Burger. The proposal does not include regular maintenance, which is a nominal fee. Motion approved.

Motion to table discussion on a possible credit card for operational purposes until an example policy can be obtained made by Burger, seconded by Gifford, motion approved.

Change Order #7 was canceled. Colgan presented GCI Change Order #8. which is the equipment required to allow the SCADA computer to be installed in the LDRA building across the river from the concrete powerhouse. The control room where the computer was to be placed has environmental problems including high humidity. An alternative location was recommended to eliminate the need to make major modifications to the control room to improve the environment. Part of the benefit of the SCADA system is to allow JetCo to remotely reprogramming of the PLC. Change Order #8 is for the purchase and placement of this equipment to allow the SCADA computer to be located across the river in the LDRA building. Kramer motioned to table discussion on Change Order #8 until further information is obtained, seconded by Herman, motion approved.

The Board discussed the need for a job description for paid contractors and dam volunteers. The operating plan has the dam operations automated 85% of the time with daily inspections made by volunteers. However, for the other 15%, trained operators would be needed during gate movement, etc. This group of people would also be responsible for upkeep, maintenance, buoys, etc. A meeting with Burrington Group is scheduled to discuss this subject. Motion to table discussion on a job description made by Burger, seconded by Davidson. It was emphasized that it is important to clarify the job responsibilities of a contractor versus an employee for legal purposes. Motion to table approved.

The Board heard Bruce Schneider’s proposal for reimbursement for sediment removal from the lakebed. Schneider presented a letter detailing his proposal. His first proposal had been for an 80% cost share for $25,680 for the 6,420 cubic yards of material he has removed since 2014. Since this proposal was made in October of 2015, he has removed an additional 2,938 cubic yards of sediment at an estimated cost of $14,700. He proposes a reimbursement of $25,000, with the remainder and any further work donated by himself, to cover fuel and machinery costs.

Burger motioned to approve a $25,000 reimbursement to Schneider for this and future dredging, seconded by Davidson.

Discussion was opened on the proposal. The sediment location removal was originally driven by the search for black dirt for the Schneider family farm, and it removed approximately 75 to 100 feet out toward the lakebed to create about 6 feet deep of water near Schmidt’s cove. Concerns about the recreational value of this dredging were raised. The benefit of sediment removal for future dredging requirements was reiterated. Concerns about opening up reimbursements for dredging work completed in 2014 or earlier by private individuals was raised, as well as concerns about reimbursement for work that may or may not happen. The original state of dredging with the October proposal was visited and seen by Leonard, Herman, and Davidson, but the additional work has not been seen.

A roll call of concerns to be addressed prior to approval was made.

Leonard commented that he appreciated Bruce removing dirt and silt from the Lake for the potential benefit of many.   He stated he wanted to look at the updated work prior to making a recommendation, as well as the goals and plans for going forward. He stated that he wished they had brought a plan to the board before doing any work as it is difficult to understand what specific benefits there is to this proposed reimbursement project. Reminding everyone that safety, public recreational benefit, and cost effectiveness needs to be considered and the only way to do that was to have the board involved since inception. He wants to do his due diligence to see the benefits to the lake prior committing anything to be fiscally responsible to taxpayers.

The Schneiders’ commented that they don’t expect to keep working for free without having an agreement in place to get paid.   Leonard said that anything going forward should be agreed to by the District board with all appropriate District criteria considered if reimbursement is to be requested.

Colgan says there is a benefit to the sediment removal and the amount requested is fair, but wants to see more detail prior to approval.

Kramer agreed with Colgan that removal of sediment is a benefit to the lake but expressed concern that there was no Trustee oversight on this project.

Gifford explained that he is having difficulty determining what the value of what Schneider did because he does not know the before and after depths, or dimensions of the area where sediment was removed.

Gifford wants to know how deep it was in this location prior to sediment removal, and how deep it is now.  He also asked if any sand was removed besides the black direct.  Schneider responded that he didn’t take the sand because it had no value.

Gifford then asked Schneider if his project was profitable and beneficial, explaining he is assuming it was or why would Schneider proceed with it.  Schneider responded that it was profitable and beneficial to him.

“Herman indicated a desire to be able to explain, in detail, to anyone that asked the reasons that the Board approved a cost share on any given project.  In order to do so, Herman wanted to have a quantification of material to be removed or that has been removed, especially if the Board were to consider the approval of a prior removal from 2014.  Herman also indicated that the use of prior and subsequent LIDAR data would be beneficial.”

Motion to table the motion made by Burger was made by Herman to allow board members to take a closer look, seconded by Gifford. Votes tabled as follows:

Leonard: Yay

Gifford: Yay

Kramer: Yay

Herman: Yay

Burger: Nay, because he feels it is time to approve this particular request.

Davidson: Nay, because he feels that this is an incredible deal.

Motion approved; discussion on a possible Schneider reimbursement tabled until the February meeting.

The Board heard committee updates.

The Lake Bed Cleanup Committee had no updates.

The Dredge Committee will be having a work session soon to work on the going-forward strategy for dredging and a vision for sediment maintenance.

The Dam Construction Committee says that GCI has stuck with it every day in January that work was possible. Next week work will be to construct one of the inclined slabs on grade and will include placing the granular fill, installing rebar, and concrete pouring on Thursday or Friday of next week. He applauds GCI for working through tough situations and not asking for additional funds.

The Water Quality Committee is tackling many water quality issues and also pursuing a Rockwell grant. Work on these water quality issue will be discussed at the upcoming planning meeting.

The Funding/Finance Committee had no updates. Burger complimented Kramer on her solid work on the presented budget.

Herman updated the Board that he has received a petition for a declaratory judgment as discussed in previous meetings and is working on filling in the blanks. He is also working on a FEMA quarterly report.

There was no public comment.

Davidson motioned to adjourn, seconded by Gifford. The meeting adjourned at 8:21 pm.

Agenda for Trustee Meeting – January 21, 2016

 

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, January 21, 2016

6:30 p. m.

Lake Delhi Trustees Administration Building

Delhi, IA 52223

  1. Call to Order
  2. Approve Agenda
  3. Consideration and approval of minutes of Previous Meetings
  4. Consideration and approval of Payments
  5. Review Financial Report
  6. Consideration and possible action on request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild
  7. Consideration and possible action on request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild
  8. Consderation and possible action on establishing a date for a public hearing to approve the FY 2016/2017 budget
  9. Consideration and possible action on proposal from Dubuque Fire Equipment for equipment needed for dam operations
  10. Consideration and possible action on obtaining a credit card for operational purposes
  11. Consideration and possible action on General Constructors change orders
  12. Consideration and possible action on job descriptions for paid contractors and dam volunteers
  13. Consideration and possible action regarding a reimbursement request from Bruce Schneider for sediment removal from lake bed
  14. Committee Updates – Lake Bed Cleanup, Dredge, Dam Construction, Water Quality, Funding/Finance
  15. Public Comment
  16. Adjourn

Minutes from 12.17.15

The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees

Regular Meeting

Thursday, December 17, 2015

6:30 PM

Lake Delhi Administration Building

Delhi, IA

The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:35 PM.

 

Trustees present: Leonard, Gifford, Burger, Kramer, Herman, Colgan, and Davidson (arrived later)

Trustees absent: None

Recording secretary: Shelley Kallenbach

Visitors present: Larry Peter, Eve Peter, Pat Dede, Don Dede, Sara Millhouse, Dave Larson, Chloe Colgan, Brock Lorren, Chip Hughs, Jim Locke, Ben Pasker, Randy Rattenborg, Larry Aschbrenner, Marcheta Cooey-Lux

 

Motion to approve the agenda as read with the addition of consideration and possible action on GCI Change Order #2 was made by Colgan, seconded by Gifford, motion approved.

 

Motion to approve the November 19, 2015 meeting minutes as posted made by Burger, seconded by Herman, motion approved.

 

Kramer presented payments for approval. Claims in the amount of $3,090.97 from the General Fund for electricity, maintenance, clerical services, lobbyist services, printer cartridges, and furnace inspection were presented. Claims in the amount of $445,889.76 for powerhouse painting, dam operations, Phase 2 payment, engineering services, and diesel fuel were made from the Dam/Spillway Project Fund. Motion to approve payments as read was made by Herman, seconded by Gifford, motion approved.

 

Motion to approve a request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild in the amount of $218,267.27 was made by Herman, seconded by Burger, motion approved.

 

Motion to approve a request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild in the amount of $218,738.43 was made by Burger, seconded by Gifford, motion approved.

 

Kramer presented the financial reports. The General Fund had revenues of $4,186.43 from Delaware County, and expenditures of $2,506.13 for miscellaneous expenses, ending the month at $256,151.22. The Debt Service Fund had revenues of $9,575.53 from Delaware County and expenditures of $115,323.75 for an interest payment, ending the month at $171,597.38. The Dam/Spillway Project Fund had revenues of $2,504.12 from interest and expenditures of $533,654.10 for Phase 1, Phase 2, and engineering payments, ending the month at $2,892,058.03.

 

Leonard and Kramer presented a high-level projected budget summary for the dam reconstruction. The projected budget estimates the total cost, including all planned and foreseen costs, at approximately $15,861,393, and total funding for the project estimated at $16,451,400.10. Therefore, barring significant additional unforeseen expenditures, the dam should be rebuilt with an excess of funding of approximately $590,007.10 remaining.

 

Motion to file the financial reports and projected budget summary as presented was made by Colgan, seconded by Herman, motion approved.

 

The Board considered possible action on Stanley Supplemental Agreement #34. This supplemental agreement had been made months ago for Stanley to evaluate dredging and siltation trap options in the amount of $17,100. However, formal approval of the supplemental agreement was not made, though the work is complete and paid for. Motion to formally approve Stanley Supplemental Agreement #34 was made by Herman, seconded by Kramer, motion approved.

 

The Board considered possible action on Stanley Supplemental Agreement #39 in the amount of $90,000. This is to extend the time for the Stanley contractor to work on site to monitor day-to-day operations and answer technical questions, as well as office work and Stanley negotiation with contractors regarding change orders. The extension would be through February 1st, 2016, and is necessary due to the construction delay after the June cofferdam breach. Burger motioned to approve Stanley Supplemental Agreement #39, Kramer seconded. It was confirmed that the Board’s contract with GCI does not place this cost on GCI for delays attributed to them, though it was a major point of discussion in the rebid for Phase 2, but that this will be the only cost to the Board for the delay in comparison to GCI’s significant costs. Motion approved.

 

The Board considered possible action on GCI Change Orders #2 through #6.

 

GCI Change Order #2 is related to the decision to reuse the gate actuators in the current project. This presented a significant cost savings. However, the actuators’ electricity wiring needed to be updated to allow GCI to work with them. This updated change order is in the amount of $9,000. Herman motioned to approve, Burger seconded, motion approved.

 

GCI Change Order #3 is for work completed on the upstream buttress. As the wing wall was not on bedrock, the wing wall had to be sealed beneath the footing to prevent water from seeping into the upstream buttress. With Stanley’s negotiation, this change order is in the amount of $39,000. Kramer motioned to approve, Herman seconded, motion approved.

 

GCI Change Order #4 completed the same work as Change Order #3, only on the downstream buttress. With Stanley’s negotiation, Change Order #4 is in the amount of $9,000. Herman motioned to approve, Burger seconded, motion approved.

 

GCI Change Order #5 is in reference to work that was required following the June cofferdam failure. A clay core wall was required to be placed on the river floor to reinforce the cofferdam, which therefore doubled the amount of earthen material necessary to remove. This resulted in a unit price adjustment based on the amount of material removed, as well as testing for the new levels of clay that were not previously mapped by the 2011 borings. This change order is in the amount of $79,000, and the Board is contractually obligated to this cost. Herman motioned to approve Change Order #5, Kramer seconded, motion approved.

 

GCI Change Order #6 currently has no cost impact to the Board. Additional concrete costs are shared 50/50 between GCI and the Board up to the end of the year. The delay due to the June cofferdam breach has extended the timeframe for concrete pours. However, since the weather has so far been warm, there have been no additional costs to share. If there are costs before December 31st, those costs will be shared 50/50. Burger motioned to approve, Gifford seconded, motion approved.

 

The Board received and filed proposals for painting the powerhouse. The Board sought proposals for salt blast cleaning and repainting the powerhouse to allow for installation of cabinetry, electronics, etc. The Board received two bids, including one from Pospisil Painting for $27,410, and one from Allen’s Painting for $3,400. The Trustees have a resolution allowing the Board President and Treasurer to approve expenditures up to $5,000 before Board approval, and so the Allen Painting bid was selected and used. The powerhouse has now been saltblasted and painted. Burger motioned to receive and file the bids from Allen’s Painting and Pospisil Painting, and to approve the Allen’s Painting bid, Gifford seconded, motion approved.

 

The Board considered establishing credit accounts with Delhi Lumber, Palmer Hardware, and Norby’s Farm and Fleet for small purchases necessary for dam operations. A need was expressed for accounts to allow for purchases of miscellaneous items such as snowblowers, salt, etc. necessary for operators to use on the dam on short notice. Burger motioned to establish credit accounts with Delhi Lumber, Palmer Hardware, and Norby’s Farm and Fleet with a limit of up to $500 per purchase with a list of all authorized chargers and to require signoff for purchase from a trustee, Davidson seconded, motion approved.

 

The Board discussed the need to consider a credit card account for operational purposes. The Board may need to purchase larger items or items that cannot be found locally for dam operations, so a credit card would be useful. It was agreed that this would be a good idea and that options should be considered. Herman motioned to table action on a credit card until the January meeting, Burger seconded, motion approved.

 

The Board considered possible action on a small committee to investigate the transition of the Maquoketa River Water Quality Team’s mission and duties to the Board. Over recent years, the Maquoketa River Water Quality Team (MRWQT) has been overseeing water quality, including septic maintenance, erosion control, bacteria testing, and public information. The MRWQT is seeking to transfer these responsibilities over to the Board along with remaining funds earmarked to be used for encouraging people to maintain water quality. It was discussed that water quality is a very large issue with many subsections, and a small committee is needed to determine these subsections and begin the process of focusing and researching water quality for Board recommendations on an action plan. Disappointment on the loss of knowledgeable voices from the MRWQT was expressed. Herman motioned to create a small committee with not to exceed 3 trustees and not to exceed 3 volunteer members of the public if available to create recommendations and thoughts on how the Board should proceed from a water quality standpoint, Gifford seconded, motion approved. Interested trustee members were solicited. Leonard, Gifford, and Davidson expressed interest in participation.

 

The Board heard committee updates.

 

Leonard presented updates from the Water Quality committee. The Board was represented at meetings for a large Watershed Management Authority encompassing Maquoketa River stakeholders. The Board was instrumental in beginning this process. It is seeking an agreement between political subdivisions to assess water quality and flood risk, develop partnerships and leverage resources. 28 participants were present at the meeting, including counties, conservation departments, the NRCS, and others. They are seeking to draft a 28E agreement to commit to water quality importance, especially in light of recent legal actions taken in Des Moines against authorities for water quality-related complaints. More will be coming in the next month or two.

 

The Lake Bed Cleanup committee stated that a significant amount of debris was lost following heavy rains the past week. This was a big plus for the lake.

 

The Dredging Committee is seeking ways to stop siltation from getting downstream into the lake, and a great way to do that would be to have a siltation trap near the dredge disposal site as recommended by Stanley Engineering. The Committee has found a firm in Iowa to give an estimate for such a project at $1.8 to $2 million in a 20-acre area.  A final amount would be determined by the board going out to bid.  If this is deemed to be an important project by the board, we will need to continue to raise money.  Fund raising will be critical to the success of a sedimentation trap.

 

The Dam Construction Committee presented updates. A major flood occurred this past week, including 3 inches of rain last Sunday. The flow rose to 4200 cfs. The flood gates had been in a position to protect the downstream cofferdam, but with the rain, it became necessary to protect the entire site from flooding upstream. The contractors were given enough time to remove their equipment successfully downstream before the gates were opened to release the water. The downstream cofferdam was lost, but it would not have been needed within a week anyway. The workers were back to work by Tuesday working on the top portion of the dam. Only one day was lost. Remaining work includes 3 slabs on grade, 3 wall pours, and the labyrinth spillway.

 

The Funding/Finance Committee and Legislative Committee had no updates.

 

The floor was opened for public comment.

 

Confusion about change orders was expressed. It was explained that the original contract with GCI was for $6.1 million, and change orders cover changes to the contract due to site conditions. The plan and the costs will come out very close.

 

It was expressed that when considering dredge costs, the cost to remove material is often overlooked.

 

It was stated that in 13 days, the DNR goes to the appropriations committee to ask for watershed area funding, but Lake Delhi doesn’t qualify due to the ratios used to meet the criteria. It was asked how to change criteria to increase funding. The Board stated that this is not the sole determiner of yearly funding, and also that the creation of this watershed authority may impact funding opportunities in the future.

 

Burger motioned to adjourn, Herman seconded, meeting adjourned at 8:30 PM.

Agenda for Trustee Meeting – December 17, 2015

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, December 17, 2015

6:30 p.m.

Lake Delhi Trustees Administration Building

Delhi, IA

 

  1. Call to Order
  2. Approve Agenda
  3. Consideration and approval of minutes of Previous Meetings
  4. Consideration and approval of Payments
  5. Consideration and possible action on request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild
  6. Consideration and possible action on request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild
  7. Review Financial Reports & Projected Budget
  8. Consideration and possible action on Stanley Supplemental Agreement #34
  9. Consideration and possible action on Stanley Supplemental Agreement #39
  10. Consideration and possible action on GCI Change Orders #3, #4, #5, and #6
  11. Receive and file proposals for painting of the powerhouse with confirmed quote from Allen’s Painting as approved by the President & Treasurer
  12. Consideration and possible action to approve establishing accounts with Delhi Lumber, Palmer Hardware and Norby’s Farm Fleet for purchases up to $500 for supplies/materials needed for dam operations
  13. Consideration and possible action on obtaining a credit card for operational purposes
  14. Consideration and possible action on assigning a small committee to investigate the transition of the Maquoketa River Water Quality Team’s mission and duties to the Lake Delhi Board of Trustees with a formal request for action to be taken at a later date
  15. Committee Updates – Lake Bed Cleanup, Dredge, Dam Construction, Water Quality, Funding/Finance, Legislative
  16. Public Comment
  17. Adjourn

Minutes from 11/19/15

The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees

Regular Meeting

November 19, 2015

6:30 PM
Lake Delhi Trustees Administration Building

Delhi, IA

 

The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Vice President Todd Gifford at 6:32 PM.

Trustees present: Gifford, Davidson, Burger, Colgan, Kramer, Herman, Leonard (by phone)

Trustees absent: None

Recording secretary: Shelley Kallenbach

Visitors present: Larry Peter, Eve Peter, Ed Schmidt, Jim Locke, Becky Willey, Jim Willey, Don Dede, Pat Dede

Motion to approve the posted agenda as read was made by Herman, seconded by Davidson, motion approved.

Motion to approve the October 15, 2015 and November 4, 2015 meeting minutes was made by Burger, seconded by Herman, motion approved.

Kramer presented payment claims for approval. From the General Fund, a total of $2,256.13 for electricity, lobbyist, and furnace inspection expenses was presented. From the Debt Service Fund, a total of $421,312.43 for payments to GCI and Stanley Consultants was presented. Herman motioned to approve the payments as read, Colgan seconded, motion approved.

Motion to approve a request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild in the amount of $208,137.59 made by Burger, seconded by Davidson, motion approved.

Motion to approve a request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild in the amount of $188,796.70 was made by Colgan, seconded by Davidson. A rough estimate of the balance remaining in this fund was requested. It was estimated to have $700,000 remaining after this request. Motion approved.

Motion to approve a request to the Lake Delhi Recreation Association for reimbursement for invoices paid by the District for the dam rebuild in the amount of $22,967.14 was made by Colgan, seconded by Herman. It was confirmed that these are donations that were made after the breech designated for the dam rebuild, and it includes the full balance of the account. Motion approved.

Kramer read the financial reports. The General Fund had revenues of $14,326.63 from Delaware County and interest, and expenditures of $32,634.93 for LDRA donations, miscellaneous expenses already approved, and the Turtle Creek West/Linden Acres cost-share, ending October at $254,470.92. The Debt Service Fund had revenues of $32,601.22 from Delaware County and no expenditures, ending October at $277,345.60. The Dam/Spillway Project Fund had revenues of $1,059,239.66 from Delaware County, the DNR, and the Community Fund to Rebuild Lake Delhi, and expenditures of $1,281,901.03 for Phase 2 payments and engineering payments, ending October at $3,423,208.01. Burger motioned to file the financial reports as read, seconded by Herman. A rough estimate of the dam rebuild costs once finished was made at approximately 15.1 million, and a rough estimate of funds remaining after the rebuild was made at approximately $400,000. It was confirmed that a draft of a high-level summary of project cost totals and remaining balances has been made and a finished product will be available at the next meeting. Motion approved.

The Board considered possible action on filing a Declaratory Judgment action related to the dredge site. This has to do with the need to transfer the lake dredge site from the LDRA to the District as required by FEMA. The owner of the land has the right of first refusal in the event of a resale and desires to exercise this right regarding the transfer. It is the Board’s opinion that this transfer is not a resale, and negotiations to this effect with the owner have been unsuccessful. A Declaratory Judgment would be a civil action and the legal costs associated with it would depend on the owners’ response to it. However, the district stands to lose money from FEMA if this transfer does not occur, it is in the Districts best interest to pursue the issue. Herman motioned to hire the attorney that has assisted the District in the past to file a Declaratory Judgment that the owners’ right of first refusal does not apply to the transfer of the dredge site from the LDRA to the District, seconded by Colgan. It was confirmed that if the judge rules in favor of the owners, the District will not be responsible for the owners’ legal fees per Iowa law. It was stated that FEMA has been cooperative in waiting for a resolution to this situation, but as all attempts have been unsuccessful, it is necessary to issue this judgment to keep the process moving in the case. Motion approved.

The Board considered possible action on a matching request from Turtle Creek Cove.

Dan Reyner presented the Turtle Creek Cove project proposal. The proposal currently presented to the Board is a project that would dredge the cove to a depth of 8 feet, totaling an estimated 10,000 cubic yards of material at $6.50 per cubic yard, as well as create a sediment trap at the entrance to the Cove to prevent sediment from the creek from entering the lake. The seventeen property owners involved in this proposal are willing to contribute $1,200 each to the project as their 20% of the project and request the Board to match the project at 80%. The Cove also proposes that the Board take over maintenance of the sediment trap. Reducing the dredge to 6 feet would make the project costs approximately $60,000 as another landowner is willing to take much of the sand for an existing private project. It is the Cove’s opinion that the Cove should be considered a sediment trap, and the proposed project would present considerable sediment reduction and management for the entire lake.

Colgan motioned to enter into discussion regarding the proposal, Davidson seconded. Discussion was opened.

General thanks to the Turtle Creek Cove for the work to present this proposal and unify so many property owners. It was agreed that the Board was in favor of the sediment trap as it relates to preventing sediment from entering the lake, assuming appropriate easements and rights to reach the trap, as it would benefit all residents. The isolated cost of creating just the sediment trap was identified to be $25,000.

Leonard expressed the opinion that though some may consider this a private cove, the Board should support efforts at siltation control at a lower price than what would be possible after lake fill, which would save taxpayer funds in the future. Others expressed concerns about the dredging portion of the project beyond what is required for the siltation trap only as being an expense that does not benefit the entire lake. Others believed that in return for the Cove’s cooperation on building the sediment trap, the Board should also do something for the Cove itself. Reyner expressed the opinion that the Cove itself is a sediment trap for the entire lake in reference to a 50-year or 100-year weather event, and as such dredging of the Cove would benefit the entire lake. It was confirmed that the lake has been dredged in the past, and that dredging in 2005 included the coves.

Herman motioned that the District contribute a sum not to exceed $40,000 to the Turtle Creek Cove proposed project, paying for the sediment trap first, with the remaining balance to contribute to Cove dredging upon the conditions that the residents contribute $1,200 each and the necessary easements for the District to clean out the sediment traps as necessary, Davidson seconded.

Several board members disliked the percentage split for this motion at 33%. Herman believed that the percentages should be different because the project has greater benefits to the residents of the Cove than to the residents of the entire lake. Leonard stated he wanted to see an 80-20% cost share.

A vote was held regarding Herman’s motion. Votes were tallied as follows:

 

Colgan: No

Burger: Yes

Davidson: Yes

Herman: Yes

Gifford: Yes

Kramer: No

Leonard: No

Motion approved.

Reynar was asked his opinion regarding the residents’ willingness to accept this proposal. Reynar stated that the residents would not be interested in the project with these terms at a 33% cost share when the difference is $8,000.

Burger stated that other dredge projects at the 80-20% split added to the recreational and safety value of the lake, and he does not feel that is the case in the Cove.

Colgan motioned for a project total not to exceed $60,000 that would cover the sediment trap first to a depth of 8 to 10 feet, then go toward other Cove dredging at their discretion, bearing in mind that 4-5 feet is sufficient for recreational boating, with the project at an 80-20% split with the Cove residents, Kramer seconded. Jim Willey from the public requested that the Board do an 80-20% split and pay for the sediment trap.

Colgan amended his motion to be a 80-20% split project not to exceed $50,000 paying for the sediment trap first followed by dredging of the Cove with the expectation of appropriate easements for the Board to access and maintain the sediment trap, Leonard seconded. Individual votes tallied as all yeses, motion passed.

Herman rescinded his original motion, Kramer seconded, all approved, motion rescinded.

The Board considered possible action on Bruce Schneider’s matching request in the amount of $32,100. This is for a dredge project that has already been completed and yet to be done.

Davidson motioned for a funded amount not to exceed $30,000 for work completed and work yet to be done using an 80-20% split, Herman seconded.

It was agreed that the work remaining for this dredge project amounts to approximately 4,000 cubic yards of sediment in order to create an average of between 7 to 12 feet depth. Concern was expressed regarding the recreational and safety benefits for this project, as well as the fact that it is asking for reimbursement after the fact, which sets a new precedent. A desire for additional sediment amount measurements by Lidar was expressed.

Davidson amended his motion to table possible action on Bruce Schneider’s matching request until more information can be obtained by Lidar, Herman seconded, motion approved.

The Hartwick West project was not yet prepared to present regarding their project match request. Burger motioned to table the Hartwick West project, Kramer seconded, motion approved.

The Board considered possible action on the North Beach cleanup and stump removal. This area has had some mechanical and hands-on cutting, but there are still a great deal of willow stumps that will be a significant safety hazard once the lake fills as the water will only go 2 feet above them. An estimate of $1,500 to remove the stumps has been obtained, assuming the ability to use non-asphalt roads to travel to the site.

Herman motioned to approve project funding not to exceed $2,000 for North Beach cleanup and stump removal if the Board can get agreeable access to the site location, Leonard seconded, motion approved.

The Board heard committee updates.

The Lake Bed Cleanup Committee had a hand-cutting day a few weekends ago in areas that are not machine accessible. It was very successful, and appreciation was expressed to those who came and helped. Cleanup is going very well with only a few small pockets remaining.

The Dredge Committee recognized a property owner who has done shoreline work and removed 200 dump trucks of sediment from the lake at his own expense and at no cost to the community.

The Dam Construction Committee states that construction is ongoing 6 days a week with lights to work into the evening. GCI will only take one day off for Thanksgiving, one and a half for Christmas, and one for New Year’s Day. The stop log hoists have arrived and will soon be placed. The emergency diesel generator will be started on December 14th. Colgan estimates the project completion date to be in January.

The Water Quality Committee has sent in a packet of information with proposed thoughts regarding a water quality initiative going forward, which will be reviewed and looked at in more depth in the coming month. The Board is going down the path of creating the Maquoketa River Watershed Management Authority in cooperation with many different stakeholders along the Maquoketa River to create agreements for high water quality.  This Authority would help water quality to be a more connected effort and not just a “Lake Delhi” effort. Lobbyists will be engaged next session for funding regarding the Authority.

The Funding/Finance Committee had no updates.

The Legislative Committee had no updates.

The floor was opened for public comment.

Ed Schmidt asked what the large white x’s in his fields were. It was confirmed that those were for spotting for the upcoming flyover mapping.

Jim Willey stated that there is information regarding 5 feet being the appropriate depth range for recreational boating and believes the Board should not pay for dredging beyond that. He stated that the Board needs to be fair to all taxpayers and consider what has been done in the past.

Larry Peter stated that if the Board opens up cost shares to retroactive projects, it will be a bad precedent. He also asked regarding easements to put lines across the dredge site property should it be transferred to the District, and it was confirmed there is a legal easement for the pipeline and outflow.

Jim Willey stated he remembered there being language that said the dredge site could be transferred between organization types. Such language has not yet been found, and it was suggested to look into past meeting minutes.

No further public comment.

Davidson motioned to adjourn, Kramer seconded, meeting adjourned at 9:02 PM.

Agenda for Thursday, November 19, 2015

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, November 19, 2015

6:30 p.m.

Lake Delhi Trustees Administration Building

Delhi, IA

  1. Call to Order
  2. Approve Agenda
  3. Consideration and approval of minutes of Previous Meetings
  4. Consideration and approval of Payments
  5. Consideration and possible action on request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild
  6. Consideration and possible action on request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild
  7. Consideration and possible action on request to the Lake Delhi Recreation Association for reimbursement for invoices paid by the District for the dam rebuild
  8. Review Financial Reports
  9. Consideration and possible action on filing Declaratory Judgment action related to dredge site
  10. Consideration and possible action on matching requests from other possible Lake/Road Associations for lake bed work
  • Turtle Creek Cove
  • Bruce Schneider
  • Hartwick West
  1. Consideration and possible action on North Beach clean-up and stump removal
  2. Committee Updates – Lake Bed Cleanup, Dredge, Dam Construction, Water Quality, Funding/Finance, Legislative
  3. Public Comment
  4. Adjourn

Minutes from November 4, 2015

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees

Special Meeting

November 4, 2015

6:30 PM

Lake Delhi Trustees Administration Building

Delhi, IA

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

Trustees present: Davidson, Leonard, Kramer, Colgan (Herman & Burger via phone)

Trustees absent: Gifford

Visitors: Larry & Eve Peter, Ed Schmidt, Pat & Don Dede, Chloe Colgan, Wanda Davidson

Motion to approve the agenda as posted was made by Davidson, second by Kramer. Motion approved.

Motion by Kramer, second by Davidson to approve Lunda Pay Request #18. Colgan explained that this pay request was for work done in August and is likely the last pay request from Lunda for the Phase I contract. Motion carried.

Kramer asked for approval to request reimbursement from the Community Fund to Rebuild Lake Delhi for the amount of the approved Lunda invoice which is $112, 341.67. Motion to approve was made by Colgan, second by Davidson. Motion carried.

Motion to approve Stanley Supplemental Agreement #38 for additional soil borings was made by Kramer, second by Colgan. Colgan reminded everyone that we’ve already done many borings in the lake bed. The purpose of the borings is to map the sediment depth based on an agreement we have with the Corp of Engineers where native materials are identified along with the depth of sediment on top of that material.   This agreement provides for additional borings to be done mainly in the Cedars area which includes a major silt trap if the District should want it for future use. Braun has been in the area staking out the boring locations and work could begin as early as tomorrow and should take a couple of weeks. The total agreement is for $12,500. Davidson asked is there had been borings done in the Schmidt/Schneider cove and the Turtle Creek cove. Colgan and Leonard responded that those borings have been done. Leonard added that in his conversations with the Corp of Engineers and Stanley Consultants, the requirements for the borings were a minimum of 250 feet apart to minimize the number of borings done. No other discussion. Motion carried.

Motion by Davidson, second by Colgan to adjourn. Motion carried.

 

 

Agenda for Special Meeting 11.4.15

 

 

The Combined Lake Delhi Recreational Facility and Water Quality District

Special Meeting

Wednesday, November 4, 2015

    6:30 p.m.

Lake Delhi Administration Building

Delhi, IA

  1. Call to Order
  2. Approve Agenda
  3. Consideration and possible action on Lunda Pay Request #18
  4. Consideration and possible action on request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild
  5. Consideration and possible action on Stanley Supplemental Agreement #38
  6. Adjourn

Minutes from October 15, 2015

The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees

Regular Meeting

October 15, 2015

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 by President Steve Leonard at 6:30 PM.

 

Trustees present: Gifford, Davidson, Leonard, Kramer, Herman, Burger

Trustees absent: Colgan

Recording secretary: Shelley Kallenbach

Visitors: Larry Peter, Chip Hughes, Carol Pohlman, Becky Willey, Jim Willey, Don Dede, Pat Dede, Ed Schmidt, Jim Locke, Ken DeKlotz, Barb DeKlotz, Dean Montour, Marlene Montour, Marcheta Cooey-Lux, Nancy Hurt, Larry Aschbrenner, Tom Cook, Marilyn Cook

 

Motion to approve the agenda as posted made by Davidson, seconded by Burger, motion approved.

 

Motion to approve the posted September 17, 2015 and October 5, 2015 meeting minutes made by Burger, seconded by Herman, motion approved.

 

Requests for payment from the District were presented by Kramer. Payments from the General Fund were presented in the amount of $2,549.43 for electricity, copier, warrants, and lobbyist expenses. Payments from the Dam Spillway Fund in the amount of $193,627.12 were for Phase 2 payment to GCI, engineering services to Stanley Consultants, and legal services. Herman motioned to receive and file the payments as presented, Gifford seconded, motion approved.

 

Motion for a request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild in the amount of $93,131.81 was made by Burger, seconded by Kramer. This represents the 50% county reimbursement for Phase 2 payments to GCI. Motion approved.

 

Motion for a request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild in the amount of $617,928.21, which represents the half of the GCI payments not covered by alternate sources, was made by Herman, seconded by Gifford, motion approved.

 

Kramer presented financial statements as of September 30, 2015. The General Fund had revenues of $72,322.50 from a county tax draw and interest, and expenditures in the amount of $8,930.05 for insurance, lobbyist, and general expenses, ending the month at $272,779.22. The Debt Service Fund had revenues in the amount of $164,569.86 from Delaware County and interest, ending the month at $244,744.38. The Dam/Spillway Project Fund had revenues of $189,549,68 from the DNR and interest, and expenditures in the amount of $307,923.46 for Phase 2, engineering, and attorney payments, ending the month at $3,645,869.38. Burger motioned to approve and file the posted financial statements, Gifford seconded. The lobbyist expense was clarified to include two bills for $2000 each, and clarification regarding the overall payment big picture was requested. Further information would be discussed later, but it was confirmed that the financials are projected to be looking good for the ending of the project. Motion to approve the financial reports approved.

 

Motion to approve a request for a donation in the amount of $23,553.00 to the LDRA for the December 1st, 2015 interest payment was made by Burger, seconded by Kramer. Herman clarified that he had researched these donations and that there is no legal requirement for the Board to pay them, though there may be a moral obligation, but feels he does not yet know enough about the donation requests at this point to vote in favor of this obligation. Votes listed as all ayes, one nay (Herman), motion approved.

 

Matching requests from various associates were considered by the Board.

 

The Linden Road Association presented a request for an 80-20% reimbursement from the Board in the amount of $2,644.00 for work done by the Linden Road, Inc. This work includes stump removal and siltation reduction to allow for an average of 2-3 feet of water over their island. Davidson motioned to approve this 80-20% reimbursement, Kramer seconded. It was confirmed that the existing stumps presented a significant safety hazard as noticed during the tree-cutting day, as well as the fact that this is away from boat docks in a navigable area of the lake. The Association was commended for the initiative and the work to make this area deeper and wider, therefore increasing boater safety. Motion to approve an 80-20% reimbursement to Linden Road, Inc. carried.

 

The Turtle Creek Association reimbursement request is ongoing, and a conclusion is expected at the end of the week. Motion to table discussion regarding reimbursement for the Turtle Creek Association project made by Gifford, seconded by Herman, motion approved.

 

The Board heard committee updates.

 

The Lake Bed Cleanup Committee stated that another lakebed cleanup community day is being organized to occur within the next few weeks. Information on this hand-cutting event will be forthcoming. The Committee continues to solicit specific description of existing debris to remove prior to lake fill.

 

The Dredge Committee is looking at the Turtle Creek project. During the course of the project, the county engineer has approved dumping siltation loads in sharp culverts along area roadways. In addition, Randy Harbach has offered to take an unlimited amount of any material to fill the areas where clay has been removed for the dam rebuild. This means there are significant opportunities to place material if associations have a way to remove it, and the Board encouraged associations to consider these new disposal options. Braun will be returning within the next 2 weeks to complete soil borings in the northern part of the lake. More data regarding soil boring work costs will be available at the next meeting.

 

Leonard presented Dam Construction updates in Colgan’s absence. Work on the downstream and upstream retaining walls is ongoing, as are buttress and base concrete pours. Sheet pile driving continues and is 65% complete. The spillway will visibly take shape in the next few weeks. GCI is working 6 days a week from sunup to sundown to complete the work quickly.

 

Larry Peter presented additional dam construction updates. The DNR requires a minimum of 83 cfs water flow to fill the lake, and currently the river is flowing at 68 cfs. Therefore, if the dam were done today, it could not be filled until the cfs flow met DNR requirements. The Burrington Group will be in charge of paperwork, training, and manpower for running the dam. The massive size of the spillway was discussed. Unique methods are being used to drive the sheet pile due to the high strength of the clay. GCI has two crews working on opposite sides of the dam to build the labyrinth spillway as quickly as possible.

 

The Water Quality Committee presented updates. A presentation will be coming to the Board shortly regarding funding and options for a watershed management plan. Next week the Committee will have a meeting with members of the NRCS, DNR, city officials, legislators, and County Conservation to look at past watershed plans and determine how to best move forward with watershed and siltation management.

 

The Finance and Legislative Committees had no additional updates.

 

The floor was opened for public comment.

 

Concern was expressed for future funding due to Lake Delhi not meeting the 400 to 1 government criteria to be in the public lake programs by the DNR. This was noted, but the Board also stated that that is only one avenue to solve funding requirements.

 

Clarification regarding the current financial standing of the dam rebuild was requested. Estimates of financials were given; however, as these numbers are fluctuating, they were only estimates. Approximately 5.3 million remains available to spend from multiple sources, and there are remaining obligations to GCI and Stanley of approximately 4 million. Therefore, it is estimated that barring unexpected costs, the project is estimated to finish with approximately 1 million in funds leftover taking into consideration all funding sources.. However, these are high-level estimates, and administrative effort would be necessary to offer more specific numbers. However, the Board is confident in saying that without any additional major unplanned expenses, the dam is expected to come in safely under all funding source revenues options.

 

Concerns regarding the approval of the Linden Road Association 80-20% approval were expressed. A member of the public stated that the Board should have an overall dredge plan regarding these requests. Concern that siltation is not being removed, but only moved to places that may impact other places in the future, was also expressed. Information on total funds available for such reimbursements was also requested.

 

The Board clarified that each project presented for reimbursement is unique and is reviewed on individual merit to the lake. There is no ultimate limit on reimbursements available, as the Board will consider all association reimbursement requests individually. Projects do not necessarily have to be for siltation removal, but can also be for other needs that improve the safety and functionality of the lake in the little time remaining prior to lake fill. Such needs may include stump and tree removal. Each project will be reviewed uniquely regardless of amount requested. It was reiterated that there is very little time remaining to manage safety issues at a cheaper price point prior to lake fill, and as such the Board must be given leeway to make decisions quickly given this timeframe. The Turtle Creek Association reimbursement decision was made using a cost benefit analysis from 5-year-old bids for hydraulic dredging that were confirmed to still be approximately accurate, which estimated an overall cost savings of near $100,000 to the Board if the work was completed prior to lake fill. This data was discussed in previous meeting minutes. This demonstrated the way that each project will be reviewed individually for its potential improvement to the lake as well as a cost benefit analysis. It was confirmed that the Board has access to multiple lasers to allow for specific numbers regarding the amount of siltation removed in the Turtle Creek project. This will confirm the new water depths. This data will be obtained and reviewed for the public. It was confirmed that the Linden Acres project is complete and was fundamentally different than the Turtle Creek Project. It was suggested that if members of the public have concerns with individual projects, to contact the Board members directly to discuss specific concerns prior to voting regarding the specific project reimbursement.

 

A member of the public described debris to be removed prior to lake fill. The Lake Bed Cleanup Committee noted this location for removal.

 

The public expressed concern regarding association dredging to virgin ground. It was confirmed that soil boring measurements are shared with the associations so they are made aware of virgin ground levels.

 

The public requested a date for the lake to be refilled so the public could know when projects much be completed. It was confirmed that the lake will be filled as soon as possible. However, this date is dependent upon weather and river flow levels. If the weather and river flow levels permit, the lake will be filled immediately upon dam completion before winter. However, it is currently impossible to know these dates because of the unpredictability of rain totals and winter freeze dates. Projects should be completed as soon as possible, as the lake will be filled as soon as the dam completion, weather, and as water flow permits. No delays will be made unless required by weather or water flow.

 

A member of the public expressed disappointment that there was a Trustee who voted no on the vote regarding donations to the LDRA, as it is felt that the lake would not exist without the LDRA and therefore the Board has a strong moral obligation to provide LDRA donations.

 

A member of the public asked what the lobbyists are currently working on. It was confirmed that they are working on watershed and siltation management plans, funding, and the move from reconstruction to lake management by putting Lake Delhi on the list of Iowa public lakes.

 

An update on FEMA work was requested. Work is ongoing with both FEMA and Homeland Security, and it is felt that this FEMA and Homeland Security group is friendlier than groups in the past. Work is ongoing to confirm that the appropriate funds were spent in the appropriate amounts.

 

An update was requested regarding the Harbach land purchase. Currently the LDRA owns that land, and according to FEMA, the District needs to own it. The District is trying to negotiate a resolution. The Harbachs have the right of first refusal in the event of a sale. The Board is interested in a legal determination that this transfer would not be considered a sale. If a resolution cannot be negotiated, legal action will be pursued for a solution that benefits all parties.

 

No further public comment.

 

Burger motioned to adjourn, Kramer seconded, meeting adjourned at 7:41 PM.

Revised Agenda for 10/15/15

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, October 15, 2015

6:30 p.m.

Lake Delhi Trustees Administration Building

Delhi, IA

 

  1. Call to Order
  2. Approve Agenda
  3. Consideration and approval of minutes of Previous Meetings
  4. Consideration and approval of Payments
  5. Consideration and possible action on request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild
  6. Consideration and possible action on request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild
  7. Review Financial Reports
  8. Consideration and possible action on donation request from the LDRA for assistance with the LDRA dredge debt
  9. Consideration and possible action on matching requests from other possible Lake/Road Associations for lake bed work
  • Linden Acres Road Association
  • Turtle Creek Association
  1. Committee Updates – Lake Bed Cleanup, Dredge, Dam Construction, Water Quality, Funding/Finance, Legislative
  2. Public Comment
  3. Adjourn