The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, August 7, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard, Davidson, Kray, Schneider, Burger, Gifford and Kramer by phone

Trustees absent:

Visitors: Lou Christiansen, Sue Christiansen, Darrel Berry, Dave Kretz, Ken DeKlotz, Barb DeKlotz, Rich Hughes, Pat Dede, Larry Peter, Eve Peter, Bonnie Hughes, Bill Hughes, Lola Galiher, Bob Galiher, Pat Colgan, Chloe Colgan, Larry Aschenbrenner, Chris Stender, John Carbaugh

Agenda reviewed by Leonard. Motion made by Kray to approve agenda, Schneider second.   All ayes, motion passed.

Leonard opened election of officers.  Burger nominated Mary Kray as Clerk, Davidson second.  All ayes, motion passed.  Kray made motion for Laurie Kramer to remain as Treasurer, Burger second.  All ayes, motion passed.  Schneider made motion for Burger for VP, second by Kray.  All ayes, motion passed.  Burger made moiton for Leonard to remain as President, Schneider second.  All ayes, motion passed.

Kramer discussed tax payments for properties purchased.  During closing of the Wiersma and Wright properties, funds were paid to the District for all of this tax bill except for one month.  Kramer’s recommendation is to pay the full year tax bill on all properties.  Kramer made motion to pay full year of taxes, Davidson second.  All ayes, motion passed.

The Stanley Supplemental agreement #19 was introduced by Leonard.  Stanley Engineering has been active in the last number of months doing project reports that FEMA requires.  The scope of services on the agreement were reviewed by Leonard: Work with District on property purchase and easement requirements for dam construction and operation; Provide preliminary design, layout and cost estimates for dam design alternatives for different property/easement acquisition scenarios; Attend meetings with permitting agencies on an “as requested” basis; Continued coordination between FEMA and other federal permitting agencies on an “as requested” basis; Develop supporting documenation required for Phase II Permit Application.  Burger made motion to approve Stanley Supplemental Agreement #19, Schneider second.  Davidson asked about doing 6 month contract.  Is there a better way to monitor?  Leonard asked if Finance Committee is monitoring and should review as payment requests come in.   Kramer said Stanley is watchful in accordance with the schedules.  Kramer will provide the summary of tasks and a breakdown of dollars spent.  Kramer will forward to all in the next few days.  Gifford asked how often does Stanley Engineering turn in invoices.  Invoices are detailed and Kramer can send everyone a copy.  Gifford questioned if billings come by class code.  Kramer said they come in by task.  She contacts Holman and discusses the invoice if she feels there is an overage on tasks.  Colgan said Stanley is using the same task codes that are used with county and city governments and the hourly rates are set by history.  Colgan advised Stanley Corporate Accounting sends out the invoice but each employee has time sheets.  Gifford asked if the District is maxing out on all tasks.  Leoanrd indicated no.  Colgan said Stanley has been working on the permitting process for 1 year and they are the only contractor that can answer some of the FEMA and permitting questions.  Colgan said Holman has donated drive time to get here which is a 10 hour round trip and on other projects he would normally bill that time.  Individual roll call requested on approval of Supplemental Agreement #19, all ayes, motion passed.

Leonard explained we have 2 different MOAs – one from the District attorney and one from the LDRA attorney after informal discussions between LDRA board members and Trustees, the latest occurring on July 23, 2013.  The District version has 3 major differences which are first – leaves the southerly one third of Parcel L (the property the dam sits on and the southerly third would include the house, the building and the road) in an unrestricted state; second – if restricted property is to be sold to a non-public entity, the document leaves the voting process up to the district at the time of the vote; third is the number of days allowed for an LDRA response when the District requests approval for sale to non-public entity.  Burger made motion to approve the District version, Kray second.  The LDRA version says if no reponse within 45 days, the response is considered negative and Burger said he feels 45 days with a response whether positive or negative is appropriate.  Kray said a response is simply the responsible thing we should expect from any organization.  Gifford said language is the same in both contracts but the LDRA version says if there is no response it is a denial.  The District board agrees with language as stated in the District MOA under the Agreement Section, 1.a.2.

Leonard read the section regarding the voting process after 5 years of agreement which states that the District Board at the time will determine the vote process but it will require a 60% majority vote.  The District originally wanted the County Auditor to perform this election but she is unable to do so as this type of election is not covered in the Iowa code.  The District then agreed we would handle any type of election such as this.  Gifford said the overriding item in section 2 is describing the process if we have to go out to a vote to allow us to sell property to a non-public entity.  The District Trustees who attended the 7/23/2013 meeting feels the District copy reflects the results of that discussion regarding voting.  Gifford said this is a conservative approach because it is determined in the future instead of trying to do all the rules now.   Burger said if a sale like this ever does happen he doesn’t  want 7 Trustees deciding if one of these restricted properties can be sold without a vote of the taxpayers.  If this would come up in the next 10-20 years we won’t know what the situation will be and he would hope the existing Trustees at the time would have compassion to set up the rules correctly.   Kray said it is up to all of us as tax payers to vote for Trustees that we feel will be responsible.  Consensus of all board members is that we will stay with language as stated in the District version.

Leonard then reviewed the restricted parcels and that the District wants the southerly 1/3 of parcel L out of the restricted land so an election is not required to sell the land.  The southerly one third of parcel L includes the office building, the house and the “property under” the road (the county owns the road on top of the property).  The Trustees present at the 7/23 meeting thought this was agreeable with the 2 members of LDRA board that met with them.  Davidson confirmed it is out of the dam or spillway area.  Burger thought had agreement on this and that we would inform the LDRA when the District would sell the house or office and that these properties don’t affect the lake.  Burger went on to say that he wants to tell the future boards how to sell the dam or beaches because it affects him, these properties do not.  The District may need to have this area for reconstruction and thinks it is rididculous to leave this section for public property if the District needs it for those reasons.  Gifford said just wants to make sure he understands that we have agreed to this and that the LDRA documents come back different.

Rich Hughes said the LDRA lawyers tell them they can’t transfer the land because of the vote taken earlier by the LDRA membership.  The LDRA has been instructed by counsel not to transfer the land without this language.  Burger said Mitvalsky (the LDRA attorney) originally gave the opinon that the LDRA didn’t need to go to vote on the issue of the dam transfer, that the LDRA board could do it on their own.  Burger was LDRA President at the time and chose to take this issue to the membership for a vote.  Leonard informed all that the LDRA and 3 Trustees met several months ago and felt this issue was addressed, however, each side came back with different thoughts as to what the final outcome was.  Gifford says basis of LDRA opinion is legal opinion not emotional or personal and that was confirmed as all involved said they want the transfer to happen.  Leonard indicated the District attorney has advised the LDRA can do what the District is asking of them.  Galiher said the LDRA can’t go against the vote of the people. Dede said the original MOA and the second amendment were signed and all of parcel L was in restricted property at that time.  Kray said she would like to see all of us come to an agreement before we leave this evening.  That we all want the same thing which is to get our water back.

Leonard said he is comfortable with the 45 day response with the other restricted property.  Leonard said what if we could just change the response time on the southerly portion on Parcel L to 15 days, and that seemed acceptable to the LDRA members in the room.   Leonard summarized that the notification time would be changed to 15 days for the southerly portion of Parcel L, however, it would remain a restricted property.  All Trustees agreed and document will be sent to LDRA board and their attorney, Mitvalsky.  Motion made by Burger to table this item to the next Trustee meeting after the new language is incorporated into document, Schneider second

Kramer left the meeting at 7:54pm

Public Comment – Barb DeKlotz would like to know the amount of legal fees spent between the LDRA and the District on the dam transfer.  Leonard said don’t have break down now but she can find at the County offices.

Lola Galiher advised the Water Quality team is  scheduling IOWATER training on 8/24.  The class starts at 9AM and will train participants on how to test water.  Davidson asked if Bob Galiher will do a presentation at an upcoming Trustee meeting and Bob agreed.  Gifford said his personal opinion is water quality is a strong part of what we all own at Lake Delhi and that it needs to be part of each Trustee meeting.

Bob Galiher reminded all that the LDRA annual meeting is Sunday, August 11 at noon at Heritage Bank.

Stender asked if there was a FEMA meeting last week.  Leonard said no meetings are scheduled but they have been requested and waiting for confirmation.  In addition, FEMA is a process that we are working through.

Dave Kretz asked what water is involved in water quality and Leonard advised the river water.  The Water Quality team tests for nitrates, phosphates, etc.

Davidson made motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes of restoring the lake and dam according to Iowa Code Section 21.5 (j), Schneider second.  Individual roll call requested, all ayes, motion passed.

Motion to adjourn meeting by Burger, second by Davidson, all ayes, motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, July 23, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: Jim Locke,Pat Dede, Don Dede, Eve Peter, Marcheta Cooey Lux, Dave Larson, Amy Draker, Clint Houdek, Diane Bauers, Chris Stender, Mark Swift, Kevin Lund, Dorothy Thomas, Shirley Christiansen, Lou Christiansen, Sue Christiansen, Ken DeKlotz, Barb DeKlotz, Bill Hughes, Bonnie Hughes, Bob Galiher, Lola Galiher, Dan Staebell, Larry Sloan, Todd Gifford, Chuck Koelker, Pat Colgan, Chloe Colgan, John Hess

Agenda reviewed by Leonard. Motion made by Kramer to approve agenda, Davidson second.   All ayes, motion passed.

Kray requested approval of minutes for 6/20/13 meeting.  Schneider made motion to approve, Kramer second. All ayes, motion passed.

Kramer covered billings requiring approval for payment.  Payments for the General Fund are Alliant Energy – $1.26; L&L Murphy Consulting – $2,000; Simmons Perrine – $3,014.43.  Payments for the Bond Fund is $4250.57 for Simmons Perrine.  Davidson made motion to approve all payments as presented, Burger second.  All ayes, motion passed.

Kramer reviewed the financial report advising the General Fund had a beginning balance of $78,884.87 and an ending balance of $15,095.64.   We just approved over $5000 for expenditures this month so that will take the General Fund to below $10,000 and we have no tax draws until August or September.  Kramer has checked with Becker, County Auditor and we can do an intrafund transfer.  The Bond fund expenses this month is the recent acquisition of land and we show a balance of $5,697,427.60.  Burger made motion to receive and file the financial report, Kramer second.  All ayes, motion passed.

Davidson discussed bids for getting rid of buildings on the recent properties we purchased – Peck, Wright and Wiersma.  The combined quote from Randy Harbach is $5950.  He also received a quote from Gudenkauf Tiling and Excavating for $6800.  Leonard has a verbal quote from another contractor who will remove all of the buildings at no cost as long as he can keep the materials, however, he does not have a license or insurance currently and is not bonded.    Davidson made motion to accept Randy Harbach estimates, second by  Burger.  Peter indicated the state has to do an asbestos inspection and a contractor approved by the state needs to do the inspection.  Peter asked County Engineer if it is the contractor’s responsibiility to work through.  Davidson said he thought the trustees would have to handle the asbestos issue.  Kray said she thinks should have just one contractor work the demolition and take care of any asbestos issues.   The estimate for just the paperwork for the state is $500.  Leonard asked how soon the work could be done.  Davidson indicated Harbach said he could do it in a day.  Peter said there is a requirement for a  2 week waiting period after the inspection.  Kramer amended the motion to go back to bidders and request them to add asbestos removal to their bids, Burger second.   We will table this for now.  Davidson will get back to both contractors.

The reimbursement letter from the DNR was discussed by Leonard.  George Antoniou is the DNR employee who asked for the letter that he has a record of our approval each time we request funds from the state.  Hatala reviewed the letter and saw no issues.  Davdison made motion to approve, Burger second.  Leonard read the letter.  All ayes, moiton passed.

Kray discussed weed and tree removal of the lake bed.  She has had discussions with the DNR and 3 companies, Three Rivers, Crop Production Services and Klinkenborg Aerial Services that do spraying.  All of the parties indicated that we need to do something with the trees because the larger they get the harder they will be to remove and kill.  Kray explained how all 3 companies discussed how they would handle the spraying, some using helicopters, others possibly using booms on the actual river bed.  Davidson believes if we aerial spray that drift will be an issue.  Schneider said he doesn’t think booms can work because of debris still existing in the lake bed after the last flood event.  He thinks ATVs with a sprayer would provide a tighter spray.  Schneider and Kray will discuss this with the DNR and get best time to do the spray.  Kray and Schneider will start a committee of  property owners and research best practice.  They will contact road association presidents to see what is happening in each neighborhood.  Maggie has a list of road associations and will have information on how things are being done in each area.

Committee updates – Finance – nothing to update

FEMA – the lastest update was given in the latest update of the Lake Delhi Voice which was created by Todd Gifford.  Leonard reviewed past history with the ineligible issues and the appeal process which was approved in Washington, DC and made the District an eligible applicant in Sept. 2012.  The District then submitted project worksheets, which is the FEMA process, requesting work/repair that needs to be done.  We were working with a FEMA Project Manager for the last several months to get them up to speed on our project, however a new Project Manager was just assigned.  We will need to review our project with the new FEMA personnel.  It is our understanding no construction can start until we have our federal permit.  The Emergency Action Plan and drawings are being worked on for the state permit.

Property Management – Peter attended a County meeting where he heard complaints about an email from Jones County Conservation about the debris that comes down from Lake Delhi.  Peter believes they don’t understand all the work we have done regarding clean up.  There is a new person now at the Jones County Conservation Board and it may be good for the District to contact them and just have a discussion.

Public comment – Bob Galiher said the financial report mentioned purchase of property and asked what was purchased.  Leonard advised the Wright and Wiersma properties.  These were   independently owned and Stanley told us we needed those properties for construction.

John Hess said he is hiring someone to improve his lake front and will have them take care of his weeds at that time.

Dave Larson said he believes if we burn in the spring and the fire is hot enough it will kill the bark and kill the trees.  Kray will ask the DNR if this would work.

Jim Locke said he had a conversation with Delaware County Conservation and they said they would help us with a controlled burn.

Locke also asked what is supposed to happen to the silt behind the Quaker Mill Dam if they remove it. Leonard said Hawker submitted his plan to the County Supervisors and they are reviewing the plan.  Leonard asked the Supervisors to advise of their plan for the siltation before they remove the dam.

Chuck Koelker asked if we had any plans for sawing off old stumps and that he is planning to see if can do the ones in front of his property.

Diane Bauer reminded all that we have received money from Rockwell for clean up.  Locke said he hasn’t talked to Brian Hughes recently.  The LDRA had to commit $2500 for matching funds for the Rockwell grant.

Bob Galiher said Brooks Ante purchased the Peck business and wants people to know if they have a boat stored there it is okay to keep it there and that they can now contact him.

August 11, 2013 is the annual meeting of the LDRA.   It is being held at the Heritage Bank conference room.

Leonard thanked all who participated and voted in the last election.  We say farewell to Larry Peter who decided not to run again.  He brought a lot of expertise and knowledget to the board and we are hoping he will stay active on the dam construction committee and assist Pat Colgan.  The results of the election were that Lamont Davidson was re-elected and Todd Gifford won election as a new trustee and their 3 year terms begin as of August 1, 2013.

Schneider made motion to go into closed session to discuss strategy and negotiations regarding a settlement agreement with DCCI in accordance to Iowa Code Section 21.5 (1) (c).  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Burger, second by Kramer.  All ayes, motion passed.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, June 20, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: John Murphy, Ken DeKlotz, Barb DeKlotz, Jacques Dubois, Kathy Dubois, Sue Christiansen, Lou Christiansen, Dave Larson, Patti Larson, Tom McLaughlin, Marcheta Cooey Lux, Chip Hughes

Agenda reviewed by Leonard. Motion made by Schneider to approve agenda, Kramer second.   All ayes, motion passed.

Kray requested approval of minutes for 5/20/13 meeting.  Burger made motion to approve, Davidson second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $10,409.54;  Alliant Energy for $20.17; Hunt and Assoc for $750.00.  Kramer would also like to add payment to Delaware County for $52.00.  This is for the warrants they pay for us each month at $2/warrant.  Burger made motion to pay all bills as presented, Kramer second  Davidson asked why we are paying electric bill for the LDRA.  Kramer indicated when we took over billing we expected transfer to happen shortly and it did not but we have just continued to pay the bill.  Discussion surrounded asking LDRA for back funds if transfer does not happen within the next month.  Individual roll call requested.  All ayes, motion passed.

Kramer covered the financial report and as of May 31, 2013 the ending balance of the General Fund was $78,884.87.   Debt Service fund balance after funds from the county and interest and bond payment is $13,427.50.  The Dam/Spillway project fund balance as of May 31, 2013 is $5,841,915.04.  Kray asked about why there was a difference in the funds received from the DNR vs. the total Stanley bill.  Kramer explained that some of the Stanley billings were before the legislation passed and some billings were for FEMA work.  Leonard said have submitted the recent cost of the Peck property purchase to the DNR and don’t know if these will be considered reimbursable expenses but we believe they should be.  Additional documentation may be needed to have them be considered.  Burger moved to receive and file the financial report, Peter second.  All ayes, motion passed.

Kramer covered the audit report from the Auditor’s  office for FY 2011/2012.  There are no notes at the end of the report so nothing is of an issue.  Leonard said County Auditor and her staff have been very helpful.  County uses Hunt and Assoc. and we used them also at a reduced rate.  Motion to receive the budget report by Burger, Davidson second.  All ayes, motion passed.

The resolution to transfer previous expenses was explained by Burger.  These are attorney fees that are eligible to be paid out of the bond fund which were originally paid for out of the general fund.  Burger brought a packet showing which charges can be covered by the bond fund.  This packet was reviewed with the Budget and Finance Committee members and we have their concurrence to move the monies.  The applicable attorney fees for property transfers is $24,556.18 and for dam reconstruction is $54,610.08 for a total of $79,166.26.  It was decided that after a conference call with Larry Burger, Steve Leonard and Carla Becker today rather than have a specific amount of dollars in the resolution it was suggested we add “the amount to be approved by the District Treasurer”.  Motion to approve resolution 6.20.13 by Burger, second by Schneider.  Davidson asked McLaughlin if he was ok with the resolution since he is a member of the Finance Committee and he said yes.  Individual roll call requested, all ayes, motion passed.

The Third Agreement Regarding Payment Delays was  presented by Leonard.  We have agreed to make an interest only payment on the dredge debt.  This is an official agreement drawn up by bond counsel and Bank Iowa has reviewed and accepted it.  Moiton to approve by Kramer, Burger second.  Individual roll call requested, all ayes, motion passed.

Committee Updates

Finance – no update other than previous information on billings

FEMA and Dam Construction/Timeline – Leonard gave information and said the same information was given in the new Lake Delhi Voice.  FEMA has taken over as the lead federal agency.  We need the federal permit from the Army Corp of Engineers but FEMA has the right to review our application because of their lead agency status.  The FEMA Committee is working with Homeland Security to assist with the information flow to FEMA and to get them up to speed.  Stanley is almost done with Phase II design work and will be giving to the District Trustees for review.  An operating plan and emergency action plan need to go with the DNR  request for permit.  Leonard has been very impressed with Homeland Security and the time they are dedicating to Lake Delhi considering all the other work they have to do this year with the declarations of disaster areas by the Governor.

State/County Legislative – nothing to report

Property Management – Peter gave update as to what  is required for demoliton of  the Peck property, Wright and Wiersma properties.  On the Wright and Wiersma land we will need to fill or get rid of the well and septic tanks.  The District will need to decide if we want to save any of the steel building at the Peck property.  The Wright building is completely down except for the concrete.  The mobile home is just a shell on the Wiersma property.  The electric service has been unhooked by Alliant Energy.  The phone needs to be disconnected by Iowa One Call and we were given permit numbers which we should hold on to.  The only real issue is the location of the  water line at the Rocky Nook properties as we need to make sure we know where to seal it off.    Leonard said in order to record the purchases of the Wright and Wiersma purchases we had to have a form from the County Santitation department signed which gives us until November 1, 2013 to seal everything off.  Our attorney can now do the final recording of the purchase of the properties.  Kramer said Locke wanted to know if we could use the $2500 grant from Rockwell.  Leonard indicated the board needs to have a work session to discuss lake bed cleanup and what we want to do with the Peck property.  Peter reminded the board that there are lifts still in the Rocky Nook lake bed area.  Davidson asked about insurance and Kramer advised that properties with no dwellings are automatically included with our insurance.

Public Comment – Tom McLaughlin said when an audit report is done there are 3 levels of review that can be done with an audit as the hightest level.  Hunt & Associates did a just a compilation which they just pulled the numbers the County Auditor gave them.  He advised it is okay for this year but as we spend more funds we may want to do a more intense review.

Kathy Dubois thanked the board for all work that has been done and the communication to the lake population.

Chip Hughes said as of Jan 1, 2013 the County Assessor raised land taxable values by 150%.  Did Trustees have any conversation with the Assessor before this was done.  All Trustees advised they had no contact.

McLaughlin said people are frustrated that the rebuild is now taking longer than anticipated and the fact is that we are very close and we need to keep our chins up and realize what we have accomplished.  Leonard indicted yes it is important to look at the timeline and to understand all we have done.  Leonard said if there are any road  association meetings coming up, the Trustees will be glad to give details and we will be happy to come to the meetings.

Barb DeKlotz said during the last flood event, some homes almost flooded and she wondered if there was anything that could be done.  Leonard indicated that the water was  6.5 ft from touching the bottom of the gates and the gates were partially open.  There are different points within the river with bends and such that impedes or holds the water flow back.  Peter said Baileys Ford bridge is 59 feet larger than before and he thinks that is where the impact is coming from.   Ken DeKolotz asked if anything was going to be done to Hartwick Bridge and  Leonard said we need to prioritize our dam for the short term and we will continue to have further discussions and be mindful of other long term goals.

Hughes asked if final number had been drawn up wth Turtle Creek.  Leonard advised the County Engineer has come up with another plan to move the road and needs to revise the costs based on this revision.  The previous amount was approximately $600,000 and no monies were available in this legislative session.  The County may have access to other funds/grants.

Motion to go into closed session for discussion and consideration of the terms, strategy and negotiations for the acquisition of interests in real estate for the pupose of restoring the lake and dam per Iowa Code Section 21.5(1)(j) by Kramer,  Davidson second.  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Kramer, Davidson second.  All ayes, motion passed.  Meeting adjourned at 7:54 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, May 20, 2013 – 5:30 p.m.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 5:34 PM at Heritage Bank Conference Room.

Trustees present: Leonard,  Kramer, Peter, Davidson, Kray and Burger by phone

Trustees absent:  Bruce Schneider

Visitors: Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz, Chip Hughes, Dave Larson, Jim Locke, John Carbaugh, Tom Reeves, Ed Schmidt, Eve Peter, Tim Rasmussen, Diane Bauers, Bob Klima, Dave Fry

Agenda reviewed by Leonard. Motion made by Kramer to approve agenda but to move item 11 to  before item 6, second by Davidson.  All ayes, motion passed.

Kray requested approval of minutes for 4/18/13, 4/25/13, 5/8/13 and the amended minutes from the 3/21/13 work session.  Peter made motion to approve, Kramer second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $7,616.00;  Alliant Energy for $37.17.  Kramer asked if Burger will review attorney fees and he agreed to bring to the next meeting with recommendation for transfer of amounts to the bond fund.  Kray made motion to accept payments as presented, Davidson second.  All ayes, motion passed.

Kramer covered the financial report and as of April 30, 2013 the ending balance of the General Fund was $87,846.73.   Debt Service fund balance after funds from the county and interest is $341,158.63.  Dam/Spillway project fund balance as of April 30, 2013 is $5,932,538.29.

Leonard said he and Burger met with Bank Iowa today regarding the LDRA dredge payment which is due June 1, 2013.  Had discussion with them regarding property values and that the taxable values have gone up for 2014.  The current amount due is approximately $170,000 and our only source for this payment is the general fund.  Bank Iowa understands this and they will agree to an interest only payment of $42,729.17.  The District will will then have a further conversation in the fall regarding the future and how we will make payments.  Burger made motion to pay the $42,729.17 payment, Davidson second.  Individual roll call requested, all ayes, motion passed.  Leonard then requested an amendment of the motion to say the payment goes to the LDRA.  Burger amended his motion to approve the $42,729.17 payment for the dredge loan to the LDRA, Davidson second.  Individual roll requested on amended motion, all ayes, motion passed.

Kramer introduced an addendum to Resolution 4.18.13 for the automatic payment by the County of our bond payment.  The previous version did not include administrative fees.  Kray made motion to accept addendum, Kramer second.  Individual roll call requested, all ayes, motion passed.

Leonard discussed property acquisition from Gerald and Lois Wright. He introduced Resolution 5.20.13.a to approve the purchase of this property.  Kramer made motion to approve resolution to purchase the property, Davidson second.  Burger said the monies should be paid out of the bond fund because this is for the dam reconstruciton.  Davidson asked Leoanrd to explain why the District is buying this property for the public.  Leonard explained that these are the properties our Engineering firm advised we were required to buy for the  spillway construction.  The Wright and Wiersma(which we will discuss next) properties needed to be purchased by the District.  The purchase price is $60,000 for real estate and the building structure.  Kramer amended motion to approve resolution 5.20.13.a to purchase the Wright property and the funds to come out of the bond fund, Davdison second.  Individual roll call requested, all ayes, motion passed.

Leonard then discussed property acquisition from Rebecca and Ricky Wiersma and Derek Geiser.  Resolution 5.20.13.b was presented.  The property is a double lot and a mobile home sits on the property.  The purchase offer was $90,000 and they have signed the offer.  Motion to approve Resolution 5.20.12.b to purchase the Wiersma property and funds to come from the bond fund by Kray, Burger second.  Individual roll call requested, all ayes, motion passed.

Burger left the meeting at 5:58 p.m.

Leonard explained that Marty Pottebaum owns property adjacent to the north side of the dam and we need to own this property as well for the dam reconstruction.  The Pottebaums have decided to donate the land required to the District. Resolution  5.20.13.c articulates the land donation.    Motion to approve Resolution 5.20.13.c by Kramer, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard then began a discussion regarding the properties purchased and removal of buildings that needs to occur.  There will be no formal action tonight but just discussion regarding next steps for bids.   Peter gave a summary of work he has done.   Pat Colgan and Peter met and agreed that the old office building would make a good office for engineering staff.   They also discussed the rental house but Peter feels we need to keep Colgan in the  loop regarding the house as he may have other ideas.  Peter  plugged the sewer at the previous Peck property and took pictures and sent to the County Sanitation office.  Dave Fink called Peter and said he had stainless steel rollers and that we should pick them up.  Peter thanked Jim Locke for helping him  move the rollers to the garage of the house.  Peter feels the Peck property is unsafe.  The utilities need to be removed on the Wiersma property and the well needs to be sealed.  Peter spoke with Dennis Lyons and we have to have a professional to the work at an estimate of about $400.    Peter indicated that the Amish tore down a home in his neighborhood and we might want to consider asking them for a quote on the work that is needed.  Kramer also said Harbach had been contacted as well.  We will have to do bids so contractors know what we want to keep and what needs to be torn down.  Leonard said we need template for bidding and he will contact Bob Hatala.  Leonard asked Kramer to call insurance company and add all properties to our policy.

Committee Updates

Finance  – Nothing more to update.

Property Management – Nothing more to report

Legislative  – The RIIF bill was recently passed and did include our second $2.5 million and we are just waiting for the Governor’s signature.

Dam Construction Timeline – waiting for the federal permit which involves input from the Army Corp of Engineers, SHPO, Tribal unit and FEMA.  We are working closely with them and staying in touch.

FEMA – Dave Fry is authorized rep and CFO and for the last month has been spending lots of time with Homeland Security and FEMA giving details on our project worksheets. Fry gave an update as to progress.

Public Comment – Ken DeKlotz asked what happened to the 2008 FEMA project and Fry advised that the monitoring report still needed to be addressed.

Ken DeKlotz said dam cost is now $23million and what is the breakdown.  Leonard said the dam original amount was $11.9 million and that has increased to $14.8million on the dam and spillway.  The remainder is the total project scale, restoration of dredging, public access, and siltation control additions.

Barb DeKlotz asked about archeology study because she thought it was all was done.  Leonard explained that work was done and waiting for final memorandum of agreement.

Bob Klima asked why can’t we use the gates already there.  Leonard said they don’t handle enough water volume.

Tom Reeves asked if need to purchase any additional land.  Leoanrd said he is not at liberty to respond.

Dave Larson said from Hartwick Point and their association is proposing a $200,000 sea wall.  People want to know for sure if the dam is coming back and can we give them any guarantees?  Leonard said we think it will happen because he has confidence in our team,at the state and at other levels.

Diane Bauers asked what is the timeline once construction starts understanding we cannot predict weather.  Leonard said if everything was done, he believes it would take about 1 year.  Bauers also asked if there was a timeline for bid letting and Leonard said we have to give the bidders 30 to 40 days.

Motion made to adjourn by Peter, Davidson second.  All ayes motion passed. Meeting adjourned at 7:11 pm.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, May 8, 2013 – 10:30 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 10:31 PM at Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Kray and Schneider by phone

Trustees absent:  Burger and Davidson

Visitors: Eve Peter

Agenda reviewed by Leonard. Motion made to approve agenda by Kramer, second by Peter.  All ayes, motion passed.

Leonard introduced Resolution #5.08.13 for the County to conduct the District election on July 16, 2013.  Motion to approve resolution by Schneider, Kray second.  Individual roll call requested;  Kray – yes, Peter – yes, Schneider – yes, Kramer – yes, Leonard – yes, motion carried.

Kramer indicated a bill has been received for $538 for taxes plus penalty on the Peck property.  Originally there was a verbal agreement between Hektoen and Peck’s attorney that Peck would have taxes paid in full.  Peck has now said he won’t pay the taxes.  Hektoen and Hatala have agreed to deduct $538 from the next Simmons Perrine billling as this should have been covered in the wording of the sale agreement.  Motion to pay County Auditor $538 for Peck property taxes by Kramer, Peter second.  There is some question as to whether we should be a property tax exempt organization and we have opinions by the County Auditor and our attorney and additional research will be completed.  All ayes, motion passed.

Motion to adjourn by Kramer, second by Peter, motion passed.  Meeting adjourned at 10:38 AM.