The Combined Lake Delhi Recreational Facility and Water Quality District

Special Meeting

October 5, 2015

6:30 PM

Lake Delhi 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 6:35 PM.

Trustees Present: Leonard, Colgan, Davidson, Burger, Kramer

Trustees Absent: Gifford, Herman

Recording Secretary: Absent

Visitors: Larry Peter, Eve Peter, Pat Dede, Don Dede, Ed Schmidt, Jim Locke, Lou Christiansen, Sue Christiansen, Jim Willey, Becky Willey, Ben Pasker, Ben Kindred, Randy Rattenborg, Chip Hughes, Bob Galiher, Chloe Colgan, Dan Reyner

President Leonard reviewed the agenda noting that two timely additions were added. Those were a consideration of payment to General Constructors and consideration to request reimbursement from the County for invoices related to the spillway rebuild.

Motion to approve the amended agenda made by Davidson, seconded by Kramer, motion approved.

Leonard asked Pat Colgan to present the proposal from Burrington Group for services required for Lake Delhi startup and operations management. Colgan reminded those in attendance that the District’s operating plan was approved in May of 2014. At last month’s meeting Colgan received approval from the Board to get a proposal put together from Burrington Group. This proposal would be for the administrative part of operating the dam. Colgan has also reached out to Lunda Construction for a proposal for the mechanical operation of the dam as well as Price Electric and Jetco who would cover the software operations of the dam.   Burrington Group would be responsible for all recordkeeping, providing an Emergency Action Plan and 24/7 monitoring of the dam. The proposal includes a provision to adjust the contract every three months based on the needs of the District. Colgan than asked for formal approval of the Burrington Group Proposal. Motion made by Burger, second by Davidson. Leonard asked for comments from Randy Rattenborg, President of Burrington Group. Rattenborg said he has three employees on staff that will be trained to operate the dam and they will be ready to start when the District asks that of them. Colgan mentioned that the way this dam is going to operate is that water will flow over the dam 365 days a year. Operating flow will be between 100 cfs and 400-500 cfs which is about 2-3” above the spillway and that will occur about 85% of the time. 85% of the time the gates will be closed given that the top of the spillway is 1” below lake level. In other words, 85% of the time the operations of the dam will be daily walk-throughs to make sure no incidents have occurred like boats being hung up near the spillway, vandalism, etc. Colgan also explained that once water flows exceed 500 cfs there’s a protocol that the gates will automatically begin to open in one inch increments depending on the flow. Even with the automation of the lake, there are requirements for people onsite. This is what was required for our permit with the State. It was reiterated that the proposal with Burrington Group will be reviewed every three months since this is a new operation and it’s understood the proposal may need to be adjusted as we move forward. It is not a contract at this point and will need to be reviewed by the DNR for us to move forward. Leonard asked for a vote from the Trustees. All ayes, motion carried.

Kramer asked for consideration to pay the interest due on our GO Bond Debt Service which is due 12/1/15. The interest is in the amount of $115,323.75 along with a $250 bond registrar fee. Motion by Burger, second by Davidson. Motion carried.

Kramer asked for consideration for Payment #6 from General Constructors in the amount of $1,088,273.91. Colgan explained that GCI is under the gun to get done this fall. The coffer dam needs to be removed as well. GCI has been working two shifts six days a week to keeping things moving. As has been discussed in previous meetings, the failure of the first cofferdam caused about a 3 ½ week delay. There was also a lot more earth and dike material required. To give some perspective as to what is left to do, in September there were 25 concrete pours completed. There’s another 40 left to go. GCI, along with Brian Monk, and other crews are working hard to keep things moving quickly. The major expenses included in this invoice include downstream training wall work, soil removal and embankment fill. There’s still an expectation that we will be $400,000 under-budget with the GCI contract.   Leonard asked for motion to approve. Colgan motioned to approve, Burger seconded. Motion carried.

Kramer asked for approval for a request to the Delaware County Supervisors for 50% of the approved GCI invoice in the amount of $544,136.95. Colgan made the motion to approve, Kramer seconded. Motion carried.

Leonard presented a request from that he received from Deer Run Lane for reimbursement for lake bed work done in their area. He mentioned that at the last board meeting we had approved a couple different association requests for reimbursement in the form of an 80/20 match for lake bed work/and or sand removal. Deer Run Lane stated they restored depths in a 600 ft. by 200 ft. distance from 1-2 feet down to a level of 4-7 feet. The cost to the association was $4,860.00. In their letter they are requesting an 80% reimbursement or $3,888.00. Leonard asked for a motion to approve the Deer Run Lane request. Colgan made the motion to approve, Burger seconded. Motion carried.

Leonard shared additional information regarding the 2009 estimated dredge costs done by Brennan. The general rule of thumb is the further the area is away from the dredge site, the more costly it would be to dredge based on a per cubic. For example, Hickory Hollow near the dam would cost $42.00 per cubic yard versus way upstream where the cost would be $7.00 per cubic yard at the Cedars.   The cost difference is significant. At our last meeting we went through an evaluation process to develop criteria moving forward in anticipation of other road association requests. They included cost effectiveness, safety, high public recreational area and distance from docks. Leonard presented a complete mapping of the results of the most recent soil borings that were done a few weeks ago. Borings were taken from the dam area all the way up past the Maples but not including the Cedars area. Those borings will be done in the next few weeks.   He pointed out that at Hickory Hollow near the dam most of the sediment is 6+ feet and depths range from 2-4 feet. The Hickory Hollow Association is working with a contractor to take deal with the sand and take the depths from 2-3 feet up to about 6-8 feet at a cost of about $10,000. The work is scheduled to start in the next couple of days. In addition, Trustees have reached out to a number of different associations to let them know about this opportunity to remove siltation based on the criteria the District has outlined. Some areas could take advantage of this but others will probably have to wait until we can dredge with hydraulic equipment.   Hydraulic dredging will probably be most cost effective for those areas closer to the dredge site. One of those areas is Linden Acres. They have a between 6 and 10’ of sand-based sedimentation. They have a contractor looking at the area and hope to make a presentation to the District at our next board meeting. This area also has stumps from the tree cutting that was done in August at creates a safety concern. A bulldozer may need to be used to removed those stumps as there around 500-1000 stumps and they range in size from 1- 2 ½ inches thick. Leonard indicated that the key to the mapping various areas of that lake is that that we know the depths of the lake and the siltation levels. We need to continue to evaluate very closely the cost effectiveness versus hydraulic dredging, the high recreational value of the area and whether there are public safety concerns.

Hickory Hollow asked Leonard to formally present their request for approval for to do work in their area since they have a contractor lined up to do the work very soon.   The cost is not to exceed $10,000. Colgan made the motion to approve, Kramer seconded followed by discussion. Colgan asked if $10,000 was the total cost. Leonard indicated that was correct so with an 80/20 split the District would pay $8,000. Kramer asked if Hickory Hollow would present the District with actual costs as was done by Deer Run Lane. Leonard said that was correct. Colgan said he felt with the additional boating and public access there is a legitimate concern for boating safety in the shallow areas. He also said that given the location of Hickory Hollow, the cost to hydraulically dredge versus what their association proposes to do would be extremely more expensive. This is a great opportunity to take the sediment out. In two months, these opportunities will go away. Leonard said that it the Dredge Committee including himself, Doug Herman and Todd Gifford, have been working to develop a complete dredge strategy along with a watershed management strategy. They have been working with the NRCS, the DNR, the Corp of Engineers and all other regulatory authorities.   The common theme is that we need a very large siltation trap – about 300 yards long and about 100 yards wide to manage the amount of siltation coming in. This is much larger than we’ve had in the past. The recommended place is in the Cedars area, close to the current dredge site. There has also been contact with the quarry upstream. Bard Concrete recently purchased the quarry and has been doing some small level dredging. The plan is a long way from being finalized but the main focus right now is to take care of areas that are most cost effective and have safety concerns.   There being no further discussion, Leonard asked for a vote on the motion. All ayes. Motion carried.

Leonard also indicated he had been in contact with Bob Galiher regarding the Freddie’s Beach area. Currently there doesn’t seem to be a creative solution to help those areas. He also mentioned that Oasis Well Drilling has offered to do is lend us their laser equipment so we can now get down to the inch of depths. This equipment was used at Linden Acres and will be used at other potential sites like the Cedars in the near future. It will confirm the accuracy of our lidar results.

Leonard asked for other comments. Burger asked that any future considerations from associations be forwarded to all the Trustees. Davidson presented a request from Bruce Schneider for work he did in his area. Leonard asked Davidson to give a short overview of the area. There was a short discussion of the depths in that area. Leonard asked that the Schenider request along with the request from Linden Acres be put on the October 15^th agenda.

Public Comment:

There was a concern raised over the work done at Deer Run Lane and how much material was removed. Leonard said that anyone who went out to the site could see the difference in the depth from before the work began. There was also a question regarding where the money was coming from to pay for the work done by the road associations. Kramer stated the money is being paid from the money the District receives from the $4.00/$1000 taxes.

A question was raised regarding the use of state, county or bond funds for dredging. Leonard replied that neither state or county funds can be used for dredging. The bond funds or our general fund can be used to pay for dredging expenses.

Another question that was asked is if the District knows how much dredging the whole lake would cost. Leonard indicated that we don’t have that information at this time. Another lidar test will be done in the next 30 days to confirm the accuracy of what we had after the breach of the dam. Soil borings were done very recently.

A concern was raised that the Board needs to understand what the costs are to dredge throughout the entire lake and where those dollars are going to come from before spending any dollars on current lake bed projects. There were also concerns about moving materials rather than removing the same.

A question was concerned about hydraulic dredging given the current dredge site is not been transferred.

A request was asked that the Board reconsider their motion to pay Deer Run Lane until information regarding the amount of material removed is obtained.

A question was asked about the estimated cost of for using Burrington Group for the day-to-day operations of the dam. Leonard said the current number is $27,000 per year for the on call service portion.

There was a question regarding debris removal from the lake. Colgan indicated that the District will be asking for proposals as he currently has three bidders interested in the job.

A concern was raised about the safety process for removing debris and maintenance of the flood gates. Burger explained that this a brand new dam and it’s a new process. Old procedures do not apply.

A question was asked about how much money has been set aside for road association dredge projects. Leonard responded that we don’t have a set budget.   Given the fact that there are time restrictions, we can only hope more associations come forward.

There was discussion regarding the Turtle Creek Park project. A concern was raised that members of that association didn’t have full understanding of the proposal that was submitted to the District. Leonard said concerns should be addressed to the association’s officers as the District is only receiving proposals and are not involved in the decisions made by the association.

A concern again was raised that the Deer Run Lane project was approved without a cost based on the cubic yards removed. Leonard said the basis doesn’t always have to be about the yards removed. He believes the Board approved what they believe to be a cost effective project to spend $3,888 to now have 6-7 feet depths of recreational level for the public to use.

A question was asked if one of the criteria for approval of an association’s proposal was to have the material removed. The Board responded no.

It was asked again to have the motion to rescind the motion to approve payment to Deer Run Lane. Leonard asked the Board if any one of them would like to rescind the motion. No board member asked for the motion to rescinded.

It was suggested that the spending of these dollars could be construed as a mis-appropriations of funds. Burger said he did not feel that was the case. He suggested that in the future the District possibly consider asking for the quantity of cubic yards being removed but he felt the proposal the District approved tonight is still cost effective. There was no action by the Board that the quantity of cubic yards taken were required.

Leonard suggested that we consider adding additional criteria for association proposals for reimbursement to the next agenda.

Kramer moved to adjourn, second by Burger. Motion approved.

The Combined Lake Delhi Recreational Facility and Water Quality District

Regular Meeting

September 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 was called to order by President Steve Leonard at 6:30 PM.

Trustees Present: Leonard, Gifford, Davidson, Burger, Kramer, Herman, Colgan

Trustees Absent: None

Recording Secretary: Shelley Kallenbach

Visitors: Wanda Davidson, Larry Peter, Eve Peter, John Carbaugh, Pauletta Carbaugh, Pat Dede, Don Dede, Ed Schmidt, Jim Locke, Ken DeKlotz, Barb DeKlotz, Dave Larson, Mike Ryan, Lou Christiansen, Sue Christiansen, Larry Aschbrenner, Ben Pasker, Dan Reyner, Tom Mahoney, Dan Staebell

Motion to add consideration on a request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild to the agenda was made by Davidson, seconded by Burger, motion approved.

Motion to approve the amended agenda made by Herman, seconded by Colgan, motion approved.

Motion to approve the August 6, 2015 and July 23, 2015 meeting minutes as posted made by Herman, seconded by Gifford, motion approved.

Kramer presented claims for payment. Claims in the amount of $8,803.40 for copier maintenance, election expense, liability insurance coverage, and lobbyist expense were presented from the General Fund. Claims in the amount of $307,923.46 for Phase 2 construction, engineering services, and legal real estate services were presented from the Fund 81002. Burger motioned to approve payments as presented, Gifford seconded, motion approved.

The Board considered a request to Delaware County for reimbursement for invoices paid for the spillway rebuild. The County Supervisors had questions about the August 6^th request regarding miscellaneous incidentals, which were confirmed to be rent and utilities payments for the on-site supervisor. The County requested an amended request by the District for $209,797.68. Davidson motioned to approve the amended request for reimbursement, Gifford seconded, motion approved.

A motion to request reimbursement from Delaware County for invoices paid for the spillway rebuild in the amount of $105,557.23 was made by Herman, seconded by Burger, motion approved.

A motion to request reimbursement from the DNR for invoices paid for the dam rebuild in the amount of $122,249.91 was made by Gifford, seconded by Burger, motion approved. Kramer noted that this will be the last of the $5 million funds available from the State of Iowa /DNR.

Since the Iowa/DNR funds are now expended, a motion to request reimbursement from the Community Fund to Rebuild Lake Delhi in the amount of $31,217.32 for invoices for the dam rebuild was made by Herman and seconded by Gifford. This will be the first amount requested from the Community Fund. Reimbursement requests and payments from the fund go through the Community Fund Advisors and the County Auditor. Our understanding is that there is approximately $1.5 million is available in the Community Fund. All ayes, motion approved.

Kramer presented the financial reports from July and August. In July, the General Fund had interest income and minor expenses for utilities and copier maintenance to end at $187,526.40. The Debt Service Fund had $6.48 of interest income from Delaware County to end at $22,718.22. The Dam/Spillway Project Fund had income from interest and County reimbursement for $157,251.99 to end at $4,086,778.64. In August, the General Fund had income from the County and interest of $25,356.97, and costs for office maintenance as well as lobbyist and attorney fees of $3,496.60 to end August at $209,386.77. The Debt Service Fund had income of $57,456.30 from the County and interest to end August at $80,174.52. The Dam/Spillway Project Fund had income of $359.405.49 from the DNR and interest, and expenditures of $681,940.97 for Phase 1 and 2 payments as well as engineering expense, ending August at $3,764,243.16. Colgan motioned to file the financial reports as presented, Burger seconded, motion approved.

The Board considered action on Stanley Supplemental Agreement #36 in the amount of $5,000. Colgan explained that this is an amount added to the soil borings budget to make a sediment trap per Stanley Engineering’s recommendation. This sediment trap would be significantly cheaper in that it removes sediment from the river bas to be dredged later. Herman motioned to approve Supplemental Agreement #36, Kramer seconded, motion approved.

The Board considered action on Stanley Supplemental Agreement #37 in the amount of $18,000. Colgan and Leonard explained this is the cost of an aerial survey to map lake bottom contours to be completed just before lake fill to map the lake bottom. This data will be kept on file in the event of any future FEMA needs, as this is important information for any future funding requirements. Davidson motioned to approve Supplemental Agreement #37, Herman seconded, motion approved.

Colgan presented information regarding the Emergency Action Plan and the Operation and Maintenance Plan for the Lake Delhi Dam once opened. The DNR has already approved the operation and maintenance plan pending official dates. The new dam will have flow over the labyrinth spillway. In addition, 85% of the time the floodgates will be closed and there is no operation necessary other than daily routine inspections.  Floodgate operation is automated up to the full design flood. The lake will no longer store water. A flood plain permit and water storage permit are already issued from the DNR, so once the dam is completed, we are approved to fill the lake once we finalize the operating plan adding names of who is responsible to operate the dam. Therefore, it is necessary to now contract for a full-time operator for the lake’s operation and maintenance to meet DNR requirements.

In addition, it is necessary to have an emergency action plan prepared for public safety. The DNR also approved this emergency action plan pending official dates. Other important items to be aware of as we go forward include, the floodgates will nearly always be closed, and water will pass over the spillway which will be marked with buoys with solar lights and a cable system. A warning horn will sound prior to the floodgates opening. The DNR also approved this emergency action plan pending official dates.

The DNR requires the District to be responsible for observation, recordkeeping, and maintenance of Lake Delhi, including daily inspections, annual inspections, random DNR inspections, and 5-year formal inspections. It is necessary to hire another firm to handle these administrative tasks.

Colgan proposed that the Board request a bid proposal from the Burrington Group in Manchester to handle these administrative tasks. This would include 24-7 coverage with on-duty personnel, recordkeeping, and overnight emergency call services. This will also include a time and materials contract from Lunda for maintenance services, Price Electric for electrical services, Jetco who is responsible for the dam computer (PLC) software design on retainer for technology services. None of these firms will have any decision-making capability other than what is contracted by the District; they will simply be maintaining the dam per the District’s specifications. Motion to approve the request for a bid proposal from the Burrington Group for an emergency action plan and operation and maintenance plan with a special meeting called to consider such proposal when received was made by Burger, seconded by Kramer, motion approved.

Gifford presented a request for reimbursement for sedimentation removal. Bill Havertape wrote a proposal to share or reimburse a dry dredge project on the Turtle Creek South area. This is a popular boating and recreational location, primarily for boat turn-arounds. This proposal includes a dredge area of 60,000 square feet and a prepared free disposal to a farm within an eighth of a mile. Without dredging, this area will be very shallow or above water after lake fill. The Turtle Creek Camp Road Association has already agreed to contribute $3,500 toward the project, which is proposed to cost a total of $18,680. Leonard highlighted that traditional dredge proposal estimates prior to the dam breach listed costs to dredge this area at $110,000, making the proposal a significant cost savings to dredging after lake fill. The area is 30 to 50 feet off shoreline, so thus not privately used property. The Board considers this an opportunity for this particular association and other associations desiring to complete projects, for example dredging, prior to lake fill at a cheaper cost. It was agreed that a cost share would be most appropriate as these projects will be the various associations’ responsibility, with only financial assistance from the Board. It was agreed that an 80-20% cost share would be implemented. The Board will consider all project proposals for cost shares by considering the cost effectiveness, the areas’ distance from the shoreline, safety and the public’s recreational use of the area. This has not been done earlier since it was not known until recently whether funds would be available after the dam build to accommodate such a cost share program. The Board applauded the efforts of the Turtle Creek Camp Road Association to create a full proposal to the Board.

Leonard presented a request from the Deer Run Lane project manager for a cost-share project with what is called the Hartwick Dredge Area as shown by the dredge map that Stanley provided and Leonard presented to the Board. The project manager provided Leonard a proposal for lake bed work to create an approximate depth of 6 feet in this area and has made all the contractor arrangements. The estimated cost is expected to be around $6,000. Per the previous discussion, an 80-20% split was agreed upon. Colgan motioned to approve an 80-20% cost share split for these proposed dry dredge projects pending trustee confirmation of work performed, Davidson seconded, motion approved.

The Board heard committee updates.

The Lake Bed Cleanup Committee gave updates. Some machine cutting on the south side of the lake will happen this weekend with one large machine and possibly with two. The north side of the lake will be done prior to snowfall. Another hand cutting event to be determined will be held in October. Road management is asked to take over brush management. It is possible that it may be too dry for brush burns.

The Dredge Committee presented updates. Stanley Construction recommends a siltation trap as large as possible in the upper portion of the lake to minimize siltation further down the lake.

The Legislative Committee is also working to capitalize on all the information available to make a good recommendation for facility management funding.

The Dam Construction Committee presented updates. In Phase 2, the earthen dam has been completed and concrete is now being poured. The contractor is working 6 days a week to complete work. It looks good for a late fall finish.

The Water Quality and Funding/Finance Committees had no updates.

The floor was opened for public comment.

Barb DeKlotz stated there will be an LDRA annual meeting on Sunday, September 20, in Delhi, with the agenda to be determined.

It was asked how to determine the water level when considering potential boating problems in various areas. It was recommended to use laser measurement/GPS elevation levels.

A question was raised regarding siltation depth removal and permits. The soil boring work was done to allow for siltation removal for one foot above virgin ground. The Board would work with associations making proposals regarding this.

Jim Locke asked if anything could be done with the quarry in regards to the dredge trap. It was confirmed that this was being considered by the Board but the Board had no immediate answers. The Board confirms this looks like a good opportunity and will look into potential options.

Jim Locke asked for a Quaker Mill project update. The Board had no updates on this project.

Leonard reiterated the important takeaways from this meeting: The Board approved a 80-20% cost share for projects for lake bed work by considering cost analysis, high recreational use areas that could also present a safety concern, and locations far enough off the shoreline to not be of personal benefit. He also reminded those interested to get himself or another Trustee involved if a reimbursement will be requested for a project.

Davidson motioned to adjourn, Burger seconded, motion approved. The meeting was adjourned at 8:02 PM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Special Meeting

Thursday, August 6, 2015

6:30 PM

Lake Delhi Trustees Administration Building

Delhi, IA

The 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: Leonard, Kramer, Gifford, Davidson, Colgan, Herman

Trustees Absent: Burger

Recording Secretary: Shelley Kallenbach

Visitors: Larry Peter, Eve Peter, John Carbaugh, Ed Schmidt, Don Dede, Pat Dede, Nancy Hurt, Bob Galiher, Lola Galiher, Dan Reyner, Larry Aschbrenner

Motion to approve the posted agenda was made by Davidson, seconded by Kramer, motion approved.

The Board held the yearly election of officers.

Gifford motioned to combine the clerk and treasurer role into one role and nominated Kramer for the new combined position, Leonard seconded.

Discussion was opened. Colgan expressed several concerns about the motion. He stated that he feels it is important for the mail including bill receipt and payment to be by separate people as is now the case with a separate secretary and treasurer positions. This organization was set up four years ago to have appropriate oversight and build integrity into the organization. Leonard explained that this combination is not permanent and can be switched back at any time depending on the trustee or the Board needs. In addition, Leonard stated that Carla Becker and the district attorney have been consulted regarding the combination. Becker stated that it would be much simpler to work with one person in the combined role and reminded the Board that the County Auditor provides oversight as the audit processor of all the Board’s payments. The District Attorney also stated that there were no restrictions or segregation issues in the Iowa Code to prevent such a change. Concern was expressed about the additional workload for Kramer. Kramer explained that the recording secretary now fulfills the majority of the clerk role, so this would not be a significant workload increase but would increase role efficiency. Leonard stated that the responsibilities of the roles would not change, the County provides oversight, and Kramer has been responsible for many clerical functions for some time. Herman stated that he does not feel this is a checks and balances problem, and also that he has worked previously with organizations that have combined these roles. It was reiterated that this change does not need to be permanent and can be modified at any point. Leonard asked if any other trustee had an interest in taking the clerk position and no one showed an interest. Kramer added that the only additional duties added would be the posting of the agenda and the minutes. Gifford amended his motion to combine the clerk and treasurer role for one year, and to nominate Kramer for the new position, Leonard seconded, all ayes, motion approved.

Colgan motioned to nominate Leonard for the president position, Gifford seconded. It was agreed that Leonard does a significant amount of work for the lake that no one else could do. All ayes, motion approved.

Leonard motioned to nominate Gifford for the vice-president position, Kramer seconded. Leonard stated that the vice-president role is not mandated by the Iowa Code, but was created to have an alternate individual to run meetings in the absence of the president. However, he feels the role has grown to have an alternate individual aware of the vision and goals of the Board to step into place in the president’s absence. He also stated that he feels that Gifford has earned a promotion to this position due to his significant involvement with the lake, including work with the legislature that obtained more than 5 million for the project, leading the lake bed cleanup, and taking on a significant time commitment, and as such feels that Gifford would be appropriate for the role.

Discussion was opened. Concern was expressed that this changed the power balance on the Board, and that it may not be appropriate to do in Burger’s absence. It was stated that Burger runs a good meeting in Leonard’s absence, but it was felt that the role should be about more than just running the meeting. It was confirmed that all trustees have had to make significant time sacrifices to be available for meetings and other work. Gifford stated that he would be happy to help with any opportunity to contribute to the lake restoration and is interested in the role if it was felt it would strengthen the Board. All ayes, motion approved.

Colgan motioned to approve the July 23, 2015 meeting minutes as posted, Davidson seconded, motion approved.

The Board considered possible action on Stanley Supplemental Agreement #35 in the amount of $15,000. Colgan stated that this is due to some additional work Stanley completed that already resulted in a credit that was discussed at the last meeting. Some engineering work was required for the storm sewer reroute and the elimination of the downstream retaining wall. This led to an overall cost savings to the Board. Kramer motioned to approve Stanley Supplemental Agreement #35, Leonard seconded.

Discussion was opened. Davidson expressed concerns about seeing the billable work hours for these supplemental agreements. Kramer advised that the billable hours are on the invoices. Possible options to make the invoices and other information about the supplemental agreements easier to follow were discussed. All ayes, motion approved.

Kramer presented claims for payment. Claims in the amount of $2770.27 from the General Fund for electricity, auditor warrants, storm water discharge permit, recording secretary, entrance keys, lobbyist, and legal fees were presented. Claims in the amount of $306,340.70 from the Dam Spillway Fund for the Turtle Creek project, two Phase 1 payments, and engineering services were presented. Claims in the amount of $375,600.27 from the Dam Spillway Fund for Phase 2 payment were presented.

Discussion was opened. More detail was requested regarding incidentals, and it was confirmed that Stanley Engineering should be able to provide that information. A test audit of incidental expenditures was suggested. It was asked if a storm water discharge permit was still necessary if it was not currently used for that purpose. It was believed it was important to renew this so that it would not be unavailable once the dam reopens. Herman may call the DNR to confirm the necessity. Kramer motioned to approve the payments, Davidson seconded, motion approved.

Kramer presented the financial report for the month of June. The financial report for the month of July will be presented at the next meeting. The General Fund had revenues from Delaware County and previously approved general expenditures to end the month at $187,716.94. The Debt Service Fund had revenues from Delaware County and ended the month at $22,711.74. The Dam/Spillway Project Fund had revenues totaling $1,164,580.92 from the DNR and Delaware County, and expenses totaling $665,104.73 for Phase 1 and Phase 2 payments, as well as engineering expense, ending the month at $3,929,526.65. Leonard motioned to approve the financial report as presented, Herman seconded, motion approved.

Colgan motioned to approve a request to the DNR for reimbursement in the amount of $186,481.85, Gifford seconded, motion approved.

Herman motioned to approve a request to Delaware County for reimbursement for the spillway rebuild in the amount of $210,577.28, Davidson seconded, motion approved.

The Board considered approval of Hunt & Associates for the FY15 compilation report. This is the same firm that the county uses, which allows for significant cost savings since the firm is already used to the Board’s formatting. This is the same firm that the Board has used previously. Colgan motioned to approve using Hunt & Associates for FY15, Gifford seconded, motion approved.

The Board considered possible action on changing the Agent of Record from TrueNorth to PDCM Insurance. TrueNorth has been the insurance agent of record to communicate with the trustees regarding their ICAP insurance. However, the Board has begun working with PDCM Insurance out of Waterloo during Phase 2 via the Phase 2 contractor, and the Board feels they provide products and services that better fit the District needs.   The switch will not change the insurance policy coverage. Leonard motioned to approve the transfer, Kramer seconded. Herman expressed issues he has had previously with ICAP as an insurer, and the trustees will look into potential cost savings with a different provider. Motion approved.

The Board considered possible action on Resolution #8.6.15 to reconfirm the prior appointment of the LDRA as the administrator of the 2008 FEMA grants. This was done years ago following the 2008 floods, but the paperwork regarding this is not available and is needed to finish up these FEMA grants. Action is required to give the necessary information to FEMA. Leonard motioned to approve Resolution #8.6.15, Colgan seconded, motion approved.

The Board heard committee updates.

The Finance Committee had no updates.

Colgan presented Dam Construction updates. Phase 1 is now complete, as Lunda has installed the stop logs and has demobilized. Phase 2 is ongoing. Clay from a nearby farm is currently being delivered and compacted in preparation for sheet pile cutoff wall which is the next step. Leonard stated that he and Gifford had a meeting with the GCI project manager and reiterated that the Board and the community’s expectation is that the dam will be complete and ready for lake fill by this fall despite the 4-week setback from the temporary cofferdam breach. The Board wants to make sure that GCI is doing everything they can to meet this expectation and also deliver high-quality results. The project manager and GCI owner have been on site the past two days and they are very mindful of the timetable. Progress has been going very well since the last update.

Leonard presented Legislative Committee updates. The Committee is currently working on the preliminary stages of obtaining additional funds for siltation mitigation, and will work to move that forward as quickly as possible.

The Property Management Committee had no updates.

Gifford presented the Lake Bed Cleanup Committee updates. The Committee had a great volunteer event with over 100 volunteers bringing in their own equipment to take down trees and debris. More machine cutting will be done in early fall. Another large event to clean up what is left will be held at a later date. Gifford was pleased with the turnout and thanked the community for their great show of support.

The floor was opened to public comment.

Bob Galiher asked if the $350,000 available from the county for the Turtle Creek project is part of the $2,999,999 million total. It was confirmed that it is in addition to the $2,999,999 million.

Bob Galiher asked about the status of the use of the community-raised donations. It was confirmed that those funds have not been expended at this point. However, the state allocations are almost fully expended. The community will soon see their donations being put to use in the very near future. Requests to use this money will be made in a similar manner as the DNR and county fund requests. The fund advisers will be consulted to any request. When funds begin to be used, the community will be able to see the amounts on the Trustee website. Reimbursement from the Community Fund will also goes through the county auditor’s office. It was noted that plans are also underway for the Wall of Recognition design and placement. The community is encouraged to donate in the near future if they would like to be included on this wall.

Eve Peter asked how many pledges were outstanding. Kramer stated that the community has collected 1.5 million of the requested 1.7 million, with 80% pledge fulfillment.

Lola Galiher asked for an update on the status of the old office. It is currently being used as the Phase 2 project office, but some LDRA material is still inside.

Lola Galiher asked about the status of the direction of the LDRA. The Board reiterated that they are ready to meet over any proposal for roles that the LDRA wishes to present in the near future. There are many tasks required and the Board will do them out of necessity if no proposal is made. Time is running out to make any plans, so the Board is waiting for any proposals from the LDRA.

Dan Reyner from the LDRA stated that they have met partially but not as a whole to make a proposal. They are hoping for input from the community, possibly with a survey, but this has not occurred yet. They will look into publicizing their meetings in the Lake Delhi Voice.

Davidson motioned to adjourn, Gifford seconded. The meeting was adjourned at 7:45 PM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Regular Meeting

Thursday, July 23, 2015

6:30 PM

Lake Delhi Trustees Administration Building

Delhi, IA

The regular meeting of the Lake Delhi Recreational Facility and Water Quality District was called to order by Vice President Larry Burger at 6:30 PM.

Trustees Present: Burger, Kray, Davidson, Colgan, Leonard (via phone)

Trustees Absent: Kramer, Gifford

Recording Secretary: Shelley Kallenbach

Visitors: Jim Locke, Larry Peter, Eve Peter, Don Dede, Pat Dede, Gordon Anderson, Pat Anderson, Sue Christiansen, Lou Christiansen, Chloe Colgan, Marcheta Cooey-Lux, Bill Lux, Bob Galiher, Lola Galiher, Ken DeKlotz, Barbara DeKlotz, Diann Hansen, Bud Hansen, Ken Kray, Larry Aschbrenner, Ben Pasker, Wanda Davidson

Motion to approve the posted agenda was made by Davidson, Kray seconded, motion approved.

Motion to approve the June 18^th, 2015 meeting minutes was made by Colgan, Leonard seconded, motion approved.

Colgan presented Payment Request #16 to Lunda Construction in the amount of $166,191.18 for contract line item payment and remaining storm sewer and gate installation payment. After demobilization next week, it appears that Lunda Construction should come in under their bid. Colgan motioned to approve payment to Lunda Construction, Kray seconded, motion approved.

The presentation of the financial reports will be tabled until the August 6^th meeting.

The request to the DNR for reimbursement for invoices paid by the District for the dam rebuild will be tabled until the August 6^th meeting.

The unofficial election results were presented by Kray. These results are unofficial until the county has canvassed the results. Larry Burger and Doug

Herman were elected to fill the two open spots, including the spot that will be vacated by Kray. Motion to receive and file the unofficial election results was made by Davidson, seconded by Kray, motion approved.

The Board heard committee updates.

Colgan presented updates from the Dam Construction Committee.

Phase 1 is essentially complete. Phase 1 has been inspected for final details and Lunda is working to finish these remaining tasks. The stop log and hoist will be installed next week, after which Lunda will demobilize. The three dam flood gates, including gate lifts, are installed. When the entire project is completed including the labyrinth spillway, the new dam will be able to pass 69,000 cfs of flood water. All other contractual structure work has also been completed. Colgan thanked Lunda Construction for their continual work over the past 15 months, excluding two weeks for Christmas, and their expertise in constructing a superior dam. The new floodgates will be fully automated and activated by pressure sensors located at the dam that will help maintain lake depths by lifting or lowering the gates as needed. The gate lifts will be able to lift the gates fully in twenty minutes. They can also be lifted by a diesel generator, hand drill, or hand crank in an emergency.

Phase 2 work by GCI continues to get back on track after the temporary cofferdam breach on June 14. The cofferdam repairs were completed the week of July 6^th, allowing for contract work on the dam spillway to resume. Unsuitable riverbed soil has been removed and structural granular material has been used to fill these areas allowing for clay from a nearby farm to begin being brought in to build the earthen care of the new dam. The temporary cofferdam can now protect the work area to a flood of 8000 cfs. The current water flow is 140 cfs. To date, GCI has been working very diligently to complete work as soon as possible. They plan to begin using two crews when the concrete portion is ready to begin.

Leonard shared several updates. Updates on Homeland Security and FEMA issues should be available in the next few weeks. There is also a federal grant for projects with significant economic impact that the District may qualify for and more information should be available soon. There will be a piece on the lake in the Monticello Express that will showcase the hard work the community has put into rebuilding the dam. There will also be a community volunteer lake bed cleanup event that will also showcase the community’s efforts.

The Lake Bed Committee presented updates. On August 1^st, the Trustees will be holding a volunteer lake bed cleanup day in order to clean up remaining debris and cut trees. Volunteers will meet at Hartwick Marina. More information will be coming regarding this day and work locations.

The Dredge Committee presented updates. The information obtained from soil borings have been submitted to the Corps of Engineers and are waiting on their resolution. This information will allow for future dredging on the lake without additional permit applications.

The Water Quality, Funding/Finance, and Legislative Committees had no updates.

The floor was opened to public comment.

Larry Burger expressed the Board’s thanks to Mary Kray as this was her last meeting as clerk. Colgan said that she had great integrity, an eye for the small details, and was always willing to make sure things were done correctly. Mary Kray said that it had been a pleasure to serve the community, especially those who have been so diligent about participating in the rebuild efforts. She has truly enjoyed working with the Board and the community to make the lake happen.

Marcheta Cooey Lux asked what places the work on August 1^st will occur and what the plans are for feeding the volunteers. There is no definitive answer on the locations just yet, but they will be coming out in the next few days and a request will be made to email that information to allow for food planning.

Pat Anderson asked if it is possible to remove remaining debris from the lake without the owners’ permission. The Board opinion is that if the debris has not been claimed, it can be removed, as it has been unclaimed now for five years.

Larry Aschbrenner stated that several members of the public would like to calculate the amount of personal funds put into the dam reconstruction by members of the public and inform the county of this number to show how much work the community has accomplished.

Leonard reminded the community to get their dock permits if they have not done so already, and also to respond as soon as possible if they have received a sanitation letter as enforcement will begin soon.

A time with cookies to thank Mary Kray for her time was shared.

Davidson motioned to adjourn, Colgan seconded. The meeting was adjourned at 7:05 PM.

Below represents the minutes from the most recent Trustee meeting.  These minutes are unofficial until approval at the next board meeting.

The Combined Lake Delhi Recreational Facility and Water Quality District

Regular Meeting

Thursday, June 18, 2015

6:30 PM

Lake Delhi Administration Building

Delhi, IA

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

Trustees present: Leonard, Kramer, Burger, Gifford, Kray, Davidson, Colgan

Trustees absent: None

Recording Secretary: Shelley Kallenbach

Visitors: Larry Peter, Evelyn Peter, Jim Locke, Pat Dede, Don Dede, Ken Kray, John Carbaugh, Pauletta Carbaugh, Sue Christianson, Lou Christianson, Ken DeKlotz, Barb DeKlotz, Nancy Hurt, Doug Herman, Larry Aschbrenner, Bob Galiher, Lola Galiher, Dan Staebell, Chris Stender, Wanda Davidson, Chloe Colgan, Jen Colgan

Motion to approve the posted agenda was made by Kramer, seconded by Gifford, motion approved.

Motion to approve the May 21, 2015 meeting minutes made by Colgan, seconded by Davidson, motion approved.

Kramer presented claims for payment. Claims in the amount of $2,805.84 for electricity, website renewal, lobbyist expense, office rent, and LP tank repairs were made from the General Fund. Claims in the amount of $665,104.73 for Phase 1 and 2 payments and engineering services were made from the Dam Spillway Fund. Davidson motioned to approve the presented claims for payment, Colgan seconded, motion approved.

Motion to approve a request for reimbursement to the DNR in the amount of $356,196.52 for expenses paid by the district was made by Davidson, seconded by Gifford, motion approved.

Motion to approve a request for reimbursement to Delaware County in the amount of $154,138.10 due to the county’s repayment rate of 50% was made by Kray, seconded by Leonard, motion approved.

Kramer presented the financial reports. The General Fund had revenues from Delaware County and interest in the amount of $3,574.43, and expenditures of $32,042.59 for an LDRA donation and other administrative expenses, ending May with a balance of $188,776.44. The Debt Service Fund had revenues from Delaware County in the amount of $8,560.74 and no expenditures, ending May with a balance of $16,290.00. The Dam Spillway Fund had interest income of $3,994.15 and expenditures totaling $1,502,298.69 for Phase 1 and 2 payments and payments for the Turtle Creek project, RNA septic project, and engineering expense, ending May with a balance of $3,430.050.46.

Kramer presented an update on a monthly budget report. Kramer will be presenting a monthly budget plan at the July meeting once the June reports are complete and numbers for the rest of the fiscal year are final.

Leonard motioned to approve a donation of $1,000 to the Delhi Fire Department, Kramer seconded. This donation is in regard to several services given by the Fire Department. The donation has no restrictions for use. It will help cover the cost of the dry pump installations on the lake. It will also express appreciation for the Fire Department’s willingness to assist with control burns for lake bed cleanup as well as to come and use chainsaws in difficult to reach areas. No further discussion, motion approved.

Colgan presented GCI Change Order #1 in the amount of $2,512.65. This change order is for materials and labor to move dam lighting to a better location given the installation of the new dam gates. Burger motioned to approve, Davidson seconded. Gifford asked if there is any process of oversight into GCI subcontractors to confirm the subcontractors are using the best bid for this and future change orders. Colgan stated that all change orders are reviewed by Stanley Consultants to confirm the bid specifications are appropriate for the work done. Stanley Consultants also has an individual on-site to monitor time sheets for accurate reporting. No further discussion, motion approved.

Kray presented the first draft of a list of tasks required prior to dam completion. This list was created with assistance from Larry Peter. The list will continue to be added to and edited so task assignments can be made for all tasks requiring completion before lake fill. Leonard motioned to approve filing of the task list, Burger seconded, motion approved.

The Board heard committee updates.

Gifford presented updates from the Lake Bed Committee. The Lake Bed Committee has met and catalogued further problem areas, which have been updated on the real-time cleanup map on the website. The Committee is in the process of taking volunteers and assigning people and dates to clean specific areas. Chris Stender was recognized for cutting from the Hartwick Marina to Hartwick Beach with heavy equipment. Stender stated that cleanup with this equipment goes quickly. Gifford affirmed that certain areas are not accessible by this equipment and chainsaws will be required to clear these areas. Cleanup dates and volunteer needs will be released to the public as soon as they are available.

Leonard presented updates from the Dredge Committee. Leonard stated that the Committee will be working with the NRCS, lobbyists, and the DNR to look for resources available for the mitigation of siltation on the lake. Some of the siltation on the lake is coming from property owners along the river and not just from upstream. The Committee will be working to create short-term and long-term plans to reduce existing siltation and reduce siltation accumulation in the future. A plan to distribute siltation removal equitably around the lake is also being discussed. Initiatives to fund these dredging projects will be considered as plans become available.

Colgan presented updates from the Dam Construction Committee.

Phase 1 construction is nearing completion, and Lunda Construction is expected to be finished and withdrawn by July 4^th. Two of the three dam gates are now installed and the third is expected in the next week. These gates can be raised multiple ways, including with the use of a ¾ inch drill. These gates will be the major way to control the lake level at flows over 400 cfs.. The lake overflow spillway will be constructed at one inch below lake level, so the lake level can never go above one inch below normal lake level. These gates have lake level sensors that will automatically begin to lift the dam gates in one inch increments up to 17 feet to control lake level as necessary. The lake will no longer be able to store any water. The new dam will be able to pass up to 69,000 cfs of river flow. A emergency diesel generator has also just been installed to provide electricity to the dam controls in the event of a power outage on the lake. In a worst-case scenario, the gates can be lifted manually with a ¾ inch drill. Use of stainless steel for strategic components and sealed bearings will result in very little maintenance required for the future. There is no future date for when to expect 100 year flood plain adjustments. However, improvements to individuals’ flood plain classifications may be expected in nearly all cases.

Phase 2 construction with GCI began on April 1^st. 15 dewatering wells that go 50 feet below ground have been installed to lower the water table under the dam spillway behind a temporary cofferdam to allow work on the dam spillway. This temporary cofferdam breached on Sunday, June 13 between the temporary cofferdam wall and the original dam concrete wing wall due in part to heavy rains. Within 24 hours GCI had a report on the failure available and made plans to make the failed cofferdam stronger, including new cofferdam sheets, attaching the steel sheets to the concrete wing wall at the point of breach, sealing, and large rocks to additionally bolster the repaired temporary cofferdam. These repairs will begin once the river level has lowered enough to allow access. The dewatering wells will then be used to remove the overflow water. Colgan stated that the most important things to know about the temporary cofferdam breach are as follows:

1. No work had yet been done within the dam spillway, so no work was lost as a result of the temporary cofferdam breach.
2. GCI is contractually responsible for 100% of the cost of the breach, so this has no financial implications for the District.
3. The temporary cofferdam was designed by a licensed professional engineer and was required to be reviewed by both Stanley Consultants and the State of Iowa. This was simply the result of a weak link and the significant amount of rain.
4. Cofferdams do commonly breach, and this is not the first time a cofferdam has breached in the area. Other recent cofferdam breaches include two in Waterloo, and also breaches in Waverly and Minneapolis.
5. CGI has assumed responsibility and is insured to cover all costs associated with the breach. They are now more committed to going forward as quickly as possible and to putting additional measures in place to the temporary cofferdam that are not contractually obligated in order to protect and maintain their reputation. All parties involved are moving forward.

Kray presented updates from the Dam Water Quality Committee. Kray contacted Dennis Lyons for updates on the water septic survey. Lyons stated they have issued 14 permits and about 10-15 people have called about the survey next steps. Lyons reiterated that if residents received a letter regarding septic inspection, to contact him as soon as possible to record time frames for completion.

The Funding/Finance Committee had no updates.

Leonard gave updates on the septic systems in the Rocky Nook area. These systems are nearly complete and are going through the review process prior to signing off on the system. One hookup is still being looked at, and once it is complete sign off and payment to the contractor will be finished.

Leonard gave updates from the Legislative Committee. The legislative session is over, but the governor is going through the bills approved to look for those he may wish to veto. Applicable funds that increased funding, pending governor veto, include an increase to lake restoration funding to a total of 9.6 million and an increase to the CAT grant program to a total of about 5 million dollars. This is good for future funding opportunities. The Board will seek to have the governor visit the lake this summer for updates on the dam’s progress and to discuss funding opportunities.

Leonard also stated that three Board members have been going to homeowners’ association meetings to present updates on dock permits, the individual dredging process, the community fund, fish stocking, the wall of recognition, the septic system updates, and other pertinent information. He stated that if residents have an upcoming homeowners’ association meeting, the Board is offering to participate to give updates and answer questions from the public. He also expressed thanks to the homeowners’ associations that the Board has been able to meet with so far.

The DNR wishes to inform the public that an Open House will be held on Saturday, June 20, to assist individuals with the permitting process in person and answer questions. The DNR also wishes to thank those who have come in during the week to allow more time for individuals who must come on Saturday. Please contact the DNR for a Saturday appointment if desired.

The floor was opened for public comment.

Bob Galiher requested an update on the dredge site owned by the LDRA. Leonard stated that the dredge strategy has to include that dredge site. Bill Holman from Stanley Consultants, along with Dave Finks, have reviewed the site and the history of the site to make a report on what is necessary to make the area operational.

Larry Peter reminded residents of the option to use the LOMA process to exempt from force-placed flood insurance. This process allows mortgage holders to apply for a flood insurance waiver following a survey of the property if you feel your property should not fall in the flood plain. Burrington Group out of Manchester is familiar with this process. Also, for residents wishing to contribute to the Delhi Fire Department, there is can recycling at the Delhi Fire Department site that gives proceeds to the Fire Department for additional funding.

Sue Christensen stated she would like to give her paperwork and financial statements regarding water quality to the Board now that the Board will be taking over water quality management. The Board accepts and thanks her for her work.

Pat Dede requested additional information about the septic inspection letters Dennis Lyons sent. The Board is unaware of how many letters were sent and how many inspections are remaining. The Board believes it is in residents’ best interest to call and discuss scheduling inspections with Dennis Lyons as soon as possible, as lack of response would count as evidence leading toward forced inspection. The Board states to call Lyons with questions regarding the inspections, and he has been working with all who communicate with him.

Bob Galiher requested more information regarding the coring for dredging process occurring in certain areas of the lake. The Board discussed that these soil samples are being taken to determine the location of virgin ground in strategic areas of the lake, which will allow for mapping necessary to dredge in the future. By taking these samples now, the Board will not need to apply for a dredge permit in the future to conduct any dredging.

Bob Galiher also asked about how to permit dredging on personal property. The Board discussed the individual property dredging permitting process that was developed to allow property owners to remove or move siltation from their property through a simplified permit application. Additional information on the process is available on the Trustee website and in past issues of the Lake Delhi Voice.

Barb DeKlotz asked the Board to make the Delaware County Sheriff aware of contact information in the event of an emergency. The Board discussed how well the emergency management plan worked during the temporary cofferdam breach, and agreed to give updated information to the Delaware County Sheriff department.

Barb DeKlotz also asked about transitioning the LDRA back to active status with the lake fill approaching. The Board is happy to meet to begin that transition.

No further public comment.

Davidson motioned to adjourn, Gifford seconded, meeting adjourned at 7:39 PM.