The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

December 20, 2012 – 5:00 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 5:01 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  N/A

Visitors:  Chip Hughes, Chris Stender, Marcheta Cooey Lux and Bill Lux and Bob Hatala and Matt Hektoen by phone

Agenda reviewed by Leonard.   Motion was made by Burger, second by Schneider, to approve meeting agenda.  Kramer moved to amend agenda to remove items 6, 8, 10, 11, 12, 13, 14.  Kray indicated she wants to leave on 14.  Leonard indicated he would like to keep agenda as Laurie proposed.  Burger second motion as amended, motion passed.

Kray requested approval of minutes for 11/15 and 11/29.  Kramer made motion to approve and Davidson second, motion passed.

Kramer discussed payments due from the general fund are Alliant Energy for $64.40, Des Moines Register $10.74, L&L Consulting $2,000 and October billing for Simmons Perrine $9,475.  Burger said going to go back 1 year since approval of bond fund and separate attorney bills and move funds involved in dam rebuild to bond fund.  Motion to approve payments as represented by Davidson and second by Schneider, motion passed.  Kramer reviewed the financial report and advised there is a beginning balance of $73,597.94 in the general fund.  We received revenues of $3358.29 and some interest.  Bills approved in November total $6,617.27 which gives an ending balance of $70,397.82 and does not include expenditures we approved tonight.

Leonard introduced revised Public Access plan and that all Trustees had a copy sent to them in email.  Kramer made motion to approve, Schneider second.  Burger asked if DNR and County have seen the plan and asked if they gave comments.  Leonard indicated final includes their comments and we will have continued conversations with DNR and County.  Burger is recommending on further drafts we show that as of today’s date we have purchased the Peck property that should help in accommodating portage.  Kramer asked if we are to pay for new bridge.  Leonard indicated that the team discussed costs and no details on cost sharing.  This plan shows intention that we are in support of additional public access.  Asked for individual roll call on motion, all ayes, motion passed.

Leonard asked Hatala to walk through the  resolution approving the Peck property acquisition and costs and disbursements.  $99,583.93 is to be paid to Community Savings Bank which includes the $5,000 escrow payment.  Attached to the resolution is the closing statement and also the IDNR form for Time of Transfer Inspection Waiver.  We do not have to raise the building as capping the system will be sufficient.  Hatala said the District just needs to make one motion to approve the resolution.  Also make note that the company name needs to show Peck Excavating Corporation.  Motion to approve Resolution 12.20.12 by Davidson, Schneider second.  Davidson indicated if we can live with the easements that are attached to the property and if we saw a final copy of opinion.  Hatala gave a summary in respect to the easements.

Entry 14 – Interstate Power and Light for electrical transmission line purposes.  Due to the nature of the legal description, Hektoen cannot determine the exact location of the easement.

Entry 15 – same as 14

Entry 30 – public highway purposes and is most likely the county road.  There isn’t a plat or survey so Hektoen is unable  to show location exactly.

Entry 35 – This is a road easement to Delaware county  and it appears to be the same easement as entry 30 but can’t be sure because of the legal description.

Entry 188 – this grants Peck’s property the right to utilize a water well on adjacent property and grants the property owner of the well access to the lake over property owned by Peck and reasonable dock space.  This may be a little concerning since ‘reasonable’ is not defined. Also the owner of the Peck property is prohibited from improving the structure more than one level.

Entry 213 – this agreement allows the owner of the Peck property access to a well on adjoing property but different adjoing from the previous entry 188.

Basically we have 2 Interstate Power and Light easements for transmission lines.  Entries 30 and 35 are highway and county road easements and then we have a well easement over the Peck property and include access for dock space along the shore.  Hektoen joined the  meeting while discussing the easements.  In Hektoen’s opinion the only one of concern is the dock space along the shore line.  There is some sort of path that has been used in the past and believes whatever the past practice is will be used.  We may be able to renegotiate with the property owner.  Leonard asked if any reason to believe that in these easements, if we use this property for portage, is there  anything restricting us from doing that.  Hektoen indicated that as long as portage doesn’t interfere with existing easements the District should be ok.  Easement is held by owner of property and the District could offer additional easement to the public as long as it does not impair the access to the lake property easement held by the other property owner.  Leonard asked if any restriction to access to the lake bed itself in terms of us working in river bed. Hektoen stated that the lake bed is described in deed from LDRA to Maxwell’s (predecessor to Peck).  A quiet title was given (after the lawsuit with LDRA, Rocky Nook and Peck) and the court did not make a ruling as to where the center of the river is.  What is surmised is that it is at right angles of the exterior boundaries of the Peck  property.  There was no survey of the property and 2 drawings were presented during the case but the court did not make a ruling.  This is a risk that is inherent with purchasing this property.  Davidson asked about surveys and if any were found?  Hecktoen said there were plenty of surveys of the land but no definitive survey of the lake itself and  that is why it is called a quiet title so we would get whatever right LDRA has when we finalize the land transfer agreement with them.  Rocky Nook would still have quiet title.  How far downstream are we buying is what we don’t know.  We don’t know the exterior boundaries of the lake bed.  Davidson asked about dock space and it doesn’t say what has to be provided.  Hektoen said that is correct but it will probably be determined by past practice.  One dock and boat lift were there before per Davidson.     Leonard asked Hektoen about the IDNR Time of Transfer waiver statement and if we need to take action tonight.  Hektoen said will receive the warranty deed and ground water hazard statement from Peck at closing.  Attached to the ground water hazard statement will be this document and will need to indicate that in lieu of raising the building, the district could take the toilet seat off and cap the system with cement.  This document does not reflect that and will have to be changed and Hektoen is working with Dennis Lyons at the County to get that done.  Hektoen recommend not to sign this document tonight as the resolution will allow Leonard to sign this document, once the agreement from the county to allow capping of the toilet is complete.  Hatala says Resolution 12.20.12 allows the President to finalize the  documents to complete the purchase of the property.  The signing of the IDNR document would be within the authority of this motion.  Individual roll call requested.  All ayes, motion passed.  Leonard said Kramer will go to courthouse tomorrow so can get funding process to move forward so the documents needs to get to the auditor tomorrow.   Hektoen said closing will be done remotely and Hektoen will work with Peck attorney as to how to get the checks to the bank.  Someone needs to go to recorder with transfer tax and documents.  Hektoen left call.

Public comment – Stender asked reason for the purchase of the Peck property.  Leonard explained that the property lines as it relates to what is owned or controlled by the LDRA currently, (and then will be transferred to the District) was a gray area.  We also needed the property for construction.  Hughes said there was a lot more determined in the lawsuit.   Hatala said in contact with Mitvalsky, attorney for LDRA.  Hatala said the results of the lawsuit are not as clear as some might argue.  Stender thought Rocky Nook owned some of the area.  Stender asked if the District owns from the Peck property to the Pottebaum property.  That will be the intention and the purchase of this property takes away the gray area.  Stender asked how much Peck asked for the property and Leonard indicated it was his understanding that it was originally for sale for approximately $170,000.  Hughes doesn’t understand why we are saying a survey will answer the question because we know exactly where property ends and the levy went under the water’s edge.  Hatala says doesn’t have court decisions in front of him and if we have a specific question that is being raised we can take it and get the answer back to the board.  Hatala needs to have the documents to readily answer any question.  Hughes said was the purchase of the Peck property going to go all the way to the ownership of what the LDRA  had.  Rocky Nook was granted ownership of the concrete part of the south side of dam at that time and still owns that.  Schneider said we are talking about the riverbed not about what is on the previous cement side of the dam.  Stender asked if we are going to try to purchase Rocky Nook.   Leonard said exploring all alternatives.  Rocky Nook owns their piece of  property and our understanding is that the Peck property owns the river bed per Gibbs Engineering.  The Peck property goes to the center.  Stender asked if can move forward with or without Nook property.  Leonard said working through that issue.   Schneider said should help with public access as well.

Stender asked about time line and stated he was disappointed that time line wasn’t on the agenda.  The goal is to have a meeting next week to detail it.  Kray said her intention of having time line on agenda is to discuss critical factors.

Stender asked if progress on easements for flood plain.  Leonard said a lot of communication being done by District’s engineering firm.  Hatala hasn’t been able to speak with Holman to get status.  On the fishladder issue, the University of Iowa has given a summary of what is deemed possible at no charge to the District.  With their experience, they have detailed what they believe can be done and if it is feasible.  Stanley is finalizing a draft and Stanley is doing a final case report as to why they have always said is not workable.  Should have a final draft within a week or two.

Stender asked if the Public access plan will be put on web site and Kray said will add it.

Stender stated that he will be at boat shows and it would be nice if had easel with bullet points on what is going on with Lake Delhi.  A lot of people ask what is the status.

Cooey-Lux says people are losing faith on the lake that we are going to get the lake back so we need items like that to show accomplishments and where we are headed

Schneider made motion to adjourn, Davidson second.  Motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

November 29, 2012 – 1:00 p.m.

Delhi 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 1:00 PM at Delhi Middle School Conference Room.

Trustees present: Leonard, Peter, Kramer.  Kray, Davidson, Burger via phone.

Trustees absent:  Schneider

Visitors:  Eve Peter, Jim Locke, Lola Galiher, Bob Galiher, Shirley Christensen, Dorothy Thomas, Larry Aschbrenner and Diane Bauers.

Motion was made by Peter, second by Kramerz, to approve meeting agenda.  Motion passed.

Motion was made by Kramer, second by Davidson to approve loan modification agreement with Bank Iowa.  Leonard noted that at the October 18 Trustee meeting the Trustees approved the payment of interest due.  This loan modification was done at the request of Bank Iowa and was written by the LDRA bond counsel.  Kray asked if the LDRA was going to have time to approve since that bank is asking for this signed agreement on November 30, 2012.  Leonard deferred the question to Jim Locke, secretary for the LDRA.  Jim questioned what prompted this document and why it was done on such short notice.  Leonard explained that this document was at the request of Bank Iowa and Burger responded that this is a standard request by the bank to assure we are not in default.  Locke again asked why this document was just now being presented given the fact that the meeting with the bank was held on October 16.  Burger responded that the bank worked with bond counsel to provide the agreement and Leonard replied that he wasn’t sure why it took so long.  Both Burger and Leonard said the agreement was just a formal document of what had been approved by all parties.  Locke noted that the agreement had language that referred to “transferred property” and questioned it.  Leonard stated that the language had been corrected and Kramer responded she had the redlined copy and would provide it to the LDRA.  Kramer revised her motion to approved the corrected redlined copy, Peter second.  Roll call vote:  Ayes:  Burger, Davidson, Kray, Peter, Kramer, Leonard  Nayes:  None.  Motion carried.

The next item on the agenda was consideration of a revised Waste Water Plan.  Leonard presented information regarding the meeting between the Waste Water team, a select group from the DNR,  the Delaware County Sanitation Department and one of the Delaware County Supervisors.  A motion was made by Kray, second by Burger to approve the revised Waste Water plan as presented.  Leonard said discussions with the DNR and County went very well and the new revised plan includes more detail and a plan for a master database of all septic/well systems on the lake.  The plan provides for a sample mailing that will go out to approximately 35 property owners on the lake by 12/15/12.  They will be asked to provide information regarding their septic and well systems.  This will allow for feedback from those property owners and if changes need to be made it can be done before the mailing is sent to all property owners.  The timeframe is for the first mailing to be mailed and returned by 12/31/12.  The second mailing will be sent 2/1/13 with a return date of 2/15/13.  From this information a data base will be developed of all systems noting the address of the systems, the type of system, installation of said system, permit numbers and issuance dates.  Other information will include location of leach fields or discharge points and the date and description of the last known clean out or maintenance of the systems.  Kray, one of the team members, noted that the County and DNR have been very cooperative and that the County has agreed to pay for the mailings and return mailings so the Lake District will not bear that cost.  Davidson asked who decides who gets the initial letter.  Kray said that at the meeting with the County and DNR it was decided that Linden Acres and Deer Run Lane residents would be the first to be surveyed because many are year-round residents.  Leonard also mentioned that Dennis Lyons and Norm Wellman from the County also wanted to have residents in close proximity because of having to utilize a GPS system for locating wells and septics if the county needed to help with the tracking.  Leonard also explained that the reason for starting with 35 property owners is because we do not want to get buried with questions and phone calls.  This way we can find out what changes are needed in the survey before sending it out to all property owners.  Davidson asked if anyone had approached area wastewater installers such as Jody Antrim, Corey Groth or Scott Harbach for their assistance.  Leonard replied that he had one installer contact him volunteering his services and hopefully others will volunteer their services as well.  Obviously, any records they have will be a huge help but we will still be relying on the homeowners to take the lead in providing us the necessary information.  Peter raised a question regarding the type of septic systems that were included in the mailing.  Holding tanks were mentioned but not septic systems as a type of system.  It was agreed that this type of system should be included in the survey.  Kray amended her motion to include septic systems, Davidson second.  A roll call vote was taken:  Ayes:  Burger, Kray, Davidson, Peter, Kramer, Leonard.  Nayes:  None

Leonard asked for public comment before adjourning.  Bob Galiher asked if the DNR have the engineering report that was done in 2007 and wondered about our response to being knows as the #1 unsewered lake in Iowa.  Leonard said the DNR does have the report and that there is work being done to fix the perception that no permit means there was no waste water system at said location.  There was discussion about the Trustees being responsible to get homeowners to comply with getting necessary permits.  Leonard stated that the DNR and the County are the regulatory agencies, not the District.   He also stated that the DNR is working statewide to get updated information on wastewaters systems and believes this is not unique to Lake Delhi.  It’s important for Lake Delhi to take a proactive approach.  Lola Galiher expressed a concern regarding “gray water” and if this was something that had been discussed.  The general thought is that this is no longer a valid concern.

Motion by Peter, second by Kramer.  Motion carried.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Regular Meeting

November 15, 2012 – 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 6:33 PM at the Maquoketa Valley Middle School Conference Room in Delhi, IA.

Trustees present: Peter, Kray, Leonard, Davidson, Kramer

Trustees absent: Burger, Schneider

Visitors: Nicole Turpin – ECIA, Matt Schneider – ECIA, Jim Locke, Phil Thompson, Dave Larson, Bob Klima, Pat Dede, Don Dede, Ed Schmidt, Phil Jacobs –JJ Grant Management LLC, Chip Hughes, Doug Cox, Chris Stender, Matt Camel, Todd Boose, Todd Mangold – Snow Pioneers, Steve Vorwald – Snow Pioneers, Richard Camp, Dwayne Donels, Larry Aschenbrenner, Dan Staebell,  Pat Colgan and Larry Murphy by phone.

Davidson made motion to approve agenda,  Kramer second. Leonard wants to remove closed session.  Davidson changed motion to approve agenda but remove item 11, Kramer second.  All ayes,motion passed.

Kramer made motion to approve minutes of 10/18 and 11/8,  Peter second.  All ayes, motion passed.

Payments from General fund were distributed.  The payment for Accident fund is for workman’s comp.  We canceled this policy but this amount is for the period of time from 9/11/12 to 10/1/12.  Billed to LDRA but sent to Laurie Kramer.  Kramer will check on it further.  LDRA had all the insurance but it has been transferred to the Lake District.  Motion to approve all bills as presented (Accident Fund Ins – $46, Alliant Energy – $38.03, Mary Kray – postage $40.25, L&L Consulting – $2000, News Publishing – $8.24, Simmons Perrine – escrow – $5000, Simmons Perrine – $4321) except for Accident fund ins.  Kray second.  Leonard thinks should have discussion with LDRA if they needed to have the coverage during time period. Locke and Kramer discussed prior to meeting – not necessary.  Kramer will discuss with insurance company.  Utilities for office building questioned by Davidson.  There are facilities and printers in the building also.  Office was winterized last year.  Discussion around whether to winterize again this year.  Suggestion from public to take ink printer out printer if close it out.  All ayes, motion passed.

Financial report presented by Kramer ending balance for Oct. 31, 2012 is $73,597.94.  Received funds from county this month of $14,267.62.  The debt service fund received $43,179.05 from the county and the bond fund accrued interest of  $3869.92 and 2 warants from last month for Tegeler and B&J hauling.

Steve Vorwald, President of Snow Pionneers and Todd Mangold, Route Coordinator spoke to the board regarding the ability of the trail to go across the dredge site as the site will be under a new governing body shortly.   The Snow Pioneers carry a $1million liability policy.  The current lease is with the LDRA and will stay in place until property changes hands.  Gate is not locked and is now open and they have signs up.  Gave copy of insurance and what old lease was.  Routes approved by the county.  Davidson made motion to approve if transfer takes place during snowmobile season we would enter into agreement immediately with Snow Pioneers, Peter second.  State is recommending new lease to be used and new statute.  DNR came up with new lease agreemnt.  Davidson questioned if there is an out clause.  Vorwald indicated on the form where the out clause is.  Vorwald wants to have us on the insurance company.  Leonard said have Vorwald’s insurance company call him and he will discuss.

Resolution on automatic bond payments was introduced by Kramer.  This is for informational purposes only for the board.  Gave to County Auditor and she hasn’t had time to look at it.  Gives county the right to automatically pay the bond bills.  Kramer wants to table this for this month.  Kray asked about if we still have to approve the payments if the resolution is in place.  Kramer advised no, the resolution takes care of that.  Kramer made motion to table, Davidson second, all ayes, motion passed.

Committee update

FEMA by Colgan – tasks completed by Stanley and Homeland Security has in their hands.  Received all sediment maps and that shows all damage made.   The deposits on the lake bed are shown by the 2008 and 2010 events.  There was a story in the CR Gazette today that says FEMA needs more money since Hurricane Sandy.  Still no guarantees of money and competition is intense.

The Fish ladder was discussed in our meeting last week.  Stanley is working with the University of Iowa Hydraulic Lab and they have advised that nothing exists like this in the midwest.  They have volunteered to write letter free of charge to advise of its opinion.  Shouldn’t hold  up construction.  We have 42 ft. of elevation on the dam which makes the fish ladder difficult to design.

Law in Iowa code states if you will temporarily flood land, you need easements from property owners.  Pat is working with Stanley on a different definition of top of dam.  Looks like we will need some type of easements.

Murphy said the results of the recent election were the House of Representatives is still controlled by Republicans and Lee Hein was not challenged and still represents this area.  Dan Zumbach won the local race in the Senate and Democrats retained control of the Senate.  Gronstol is chair, McCoy is on infrastructure and Dvorsky on appropriations committee in Senate.  Discussion ongoing with Gary and Larry with Legislators.  Kraig Paulson still Speaker of the House.  Nick Wagner was appropriations chair and was defeated.  Big question on appropriations chair in house and that is an important committee for us.

Leonard reveiwed 4 items required to finish to move forward and they are the fish ladder, easements, sanitation plan and public access plan.  Kray explained santitation plan and modifications.  We approved and forwarded to DNR.  DNR gave approval today and will assist in letter to property owners.  Public access meeting on Wednesday with DNR, supervisors, county engineer, county conservation and lobbyist.  Disucssed what we submitted and what DNR wants.  DNR is being extremely cooperative because are aware of our money issues.  We will modify plan in near future.

The District received 3 proposals for the RFP for FEMA Administrative Assistance and those were opened to make it a matter of public record.  East Central Intergovernmental Assoc (ECIA) was opened first and Mark Schneider from ECIA was present and gave information regarding their company.  ECIA is counsel to government organizations and is a 28E organization which  covers the counties of  Cedar, Jackson, Dubuqe and Delaware.   They work within all local governments and assist on grant writing and within community development.  Their quoted price within the proposal is $75/hr through 6/30/13 and $77/hr from 7/1/13 to 6/30/14.  ECIA has worked with several city and county organizations on FEMA grant administration and was actively involved in the demolitions work from the 2010 flood in Delaware county.

The second proposal is from JJ Grant Management LLC in Treynor, Iowa.  Philip Jacobs gave an  overview and said it is a young company, only in their 3^rd year of operation.  Philip was with Homeland Security prior to opening his own  business.  All of his current clients are in Iowa.  He has worked with flooding issues in Webster, Hamilton, Humboldt, Franklin and Wright counties.  He also did FEMA work with rural electric cooperatives mostly in the western part of the state.    He is also involved in doing 404 mitigation wetlands.  His company only deals with FEMA disasters and 404 and 406 type grants.  He was employed by Homeland Security during the 2008 flood disaster and has handled 5 disasters since he has opened his company.  Their hourly rate is $100/hr fully burdened which means there is no travel or expenses added in and he won’t be changing his rates during the contract period.

The third proposal was from Adjusters International in Utica, NY and their pricing is $255/hr for a Senior Consultant.  The Consultant rate is $185/hr and Specialist is $155/hr.

Leonard made motion to give Fry and Colgan the 3 proposals for their review and clarification and submit to Trustees a submittal of recommendation for the next regular meeting.  Kray second.  Individual roll call requested, all ayes, motion passed.

Public comment – Larry Aschenbrenner asked what was our tentative proposal for public access.   Murphy reveiwed that the District put together a plan and the legislators wanted the plan filed with the General Assembly.  After DNR review, they are asking for a canoe and kayak portage and additional access to the lake.  Currently the DNR measures how much of a public lake is accessible to the public and the lowest # in Iowa is 7% but Lake Delhi is significantly lower and they would like to see that increased.  Leonard said he is confident we will get through this because of the ability to make it a long term plan.

Staebell asked if could explain the top of dam definition and Leonard said the state and DNR are concerned that if the permit is isssued to fill the lake, the state could be in a position that they would be liable if someone’s property was flooded.  In current law today the dam requirements are to go to top of dam and in our case that could be the top of the road.  With the spillway design we are arguing that it should be the spillway height.  Gojng through legal discussion of what top of dam definition is and it is a work in process right now.  There is a question as to whether this is a rebuild or a new dam.  The Army Corps of Engineers is defining this as a rebuild.  Peter said the rules for the Iowa DNR are in their Technical bulletin 16, Chapter 10 subsection A & B.

Bob Klima asked if we had looked at from Baileys Ford bridge and the Boon property on the McDowell side and Leonard advised we are looking at all properties.

Stender asked if expecting the district to fund all of this.  DNR knows we have taxed ourselves to the full amount.   Locke asked if these issues are for the Phase I permit and Leonard said all of the issues have to be resolved for the water inpoundment permit.  Phase I was described and our tentative plan is to put Phase I out to bid this winter and start in spring 2013.  We will need to put mitigation in place for the archeology issues.  Phase I permit will require fish ladder property easement issues done by the fish ladder.

Dave Larson said the DNR is talking as if our water area isn’t good but what about what comes into our lake from upstream.  Leonard said we will be asking those questions  Bob Klima asked why is this taking so long and the Wisconsin Dells was faster.  It was explained that the Wisconsin Dells area would have lost $1billion in vacation income and the Governor of Wisconsin put in an emergency order to put the road back.

Phase I construction is supposed to start in Spring 2013 so we are trying to resolve the 4 issues still outstanding.  The Wastewater and Public Access plans will be complete shortly so that will be 2 out of 4 done.  With those plans complete, we should see the money from the state.  The impoundment of water Permit will require that the floodplain rights and fish ladder issues are resolved.

Davidson made motion to adjourn, Kramer second, all ayes, motion passed.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Special Meeting

November 8, 2012 – 6:45 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 6:47 PM at the Heritage Bank Conference Room in Delhi, IA.

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

Trustees absent: Kramer

Visitors: Tom Houlahan, Dave Larson, Larry Aschenbrenner, Paulette Sands, Paul Sands, Pauletta Carbaugh, John Carbaugh, Jim Locke, Phyl Locke, Bob Klima, Clint Houdek, Bob Galiher, Lola Galiher, Pat Dede, Don Dede, Brooks Ante, Dennis Jasper, Rich Hughes.  Bill Holman, Pat Colgan and Larry Murphy by phone.

Schneider made motion to approve agenda,  Davidson second.  Motion passed.

Kray advised of billing for our first interest payment on bond.  There is a $250 charge on the billing that Burger explained was a cost for Bankers Trust to distribute and break up bond monies to all investors who purchased the bonds.  Burger made motion to pay first interest payment to Bankers Trust, Schneider second.  Burger said the interest will be paid for out of the debt service fund and the $250 charge will be paid out of the general fund.  Individual roll call requested, all ayes , motion passed.

Holman on phone to discuss Supplemental agreement #15 which is for Gibbs Engineering to do surveying that will allow temporary construction permits.  There will be areas required beyond the physical construction that allows for movement of the equipment around the site and also have access to the dam.  These areas have never been surveyed and property research is required to see which properties would be impacted by temporary construction easements.  Motion to approve Stanley Engineering Supplemental Agreement # 15 by Schneider, Burger second.  Burger asked if the $4500 cost was a not to exceed and Holman said charges are billed as actual service provided but not to exceed $4500.  Individual roll call requested, all ayes, motion passed.

Agency updates given by Colgan, Holman and Murphy.  Colgan gave update on FEMA  and advised Colgan and Fry had an all day meeting on Oct. 23^rd  with Tim Marienau from Homeland Security.  The team is currently taking the 2010 disaster and breaking it down into projects, and providing data requested by Tim Marienau.  The project is broken down into 2 main projects – one is rebuild the dam with current code standards and two is to provide details without meeting standards (bring dam back as it was before).  The 3^rd project is dredging and utilizing 2001 and 2010 data to determine what needs to be dredged and  calculating quantities.

Colgan also gave a review of DNR meetings in Iowa City on Oct. 24^th  which also led to a 2^nd meeting in Des Moines on Oct 30^th.  The fish ladder and easements are the 2 items discussed in the second meeting and trying to determine how we move forward.  Colgan feels we are making progress regarding the fish ladder but according to the DNR,  we haven’t supplied enough information to them.  We are gathering more information in terms of specific design to share with them as this is required to resolve this issue.  Until the DNR has this additional information, they will not give the District a variance for the fish ladder.  The second issue that needs to be resolved before a permit is issued is flood plain rights which is part of Iowa law.    Stanley Engineering and Colgan are working to clarify the definition of a low head dam which may assist us in our argument.  Murphy said the DNR is the lead agency we have to deal with and it is important to realize we have to go through these steps.  There have been conversations with the Governor and Legislators and they indicated there is a high expectation of this project going through to completion so we need to work through this.  Legislators will now focus on these issues since the election is over.  There are 4 issues to resolve – fish ladder, flood plain rights, public access and wastewater.  There will be a Public access meeting next week to discuss additional public access with DNR.  The Wastewater plan will be discussed later on the agenda.

The proposal for the fish ladder was submitted to the DNR back in March 2012 and we expressed concerns on building a fish ladder of this type and that  it had not been done in the midwest before and it would be a first of its kind.  The DNR disagrees and thought it could be done so we feel we need to do more due diligence.  Stanley Engineering has consulted with several specialists and one of them is at the University of Iowa and they have indicated that there is no precedence of a fish ladder of this type with the kind of fisheries we have at Lake Delhi and the Maquoketa River.  The Engineers Stanley spoke with at the University of Iowa said they could not give us a design that they are confident would work.  Holman feels we could retain the University of Iowa as specialists.  The Univ of Iowa advised they would need to do modeling and development before they could give us a design.  The thought is that we could bring the University in as part of our team so we could share their concerns with the DNR.  Holman’s recommendation is to initially bring on the University specialists and retain them to put together a short letter expressing no solution or precedent for this kind of fish ladder and support what we are saying.   The University could put on paper what their approach would be and come back with a proposal but they are not sure it is possible to put a design on paper.  Holman’s estimate of cost is about $5000 and it would be billed as an hourly rate.  The University personnel have indicated they need time to research and can turn around in about a week.  Holman has another call Friday morning to discuss this issue with them.  There are other specialists out there besides the University of Iowa, however Holman thinks they would be a natural selection as they are located in Iowa and have a lot of respect in the state so the University would be the best ones to partner with to help with this case.  Schneider made motion to approve up to $5000 to hire the University of Iowa for design and advice, Peter second.  Burger asked Holman if Stanley would hire the University of Iowa and then Stanley would give us a Supplemental Agreement and Holman indicated yes.  Murphy said their advice is that this cost would eventually be paid for by the DNR and won’t be coming out of our $2.5 million funded by the Legislature.  We may front cost but we would be requesting reimbursement.  Holman said this is just an initial lay out as to how we should approach the fish ladder and this is for research and analysis.  Individual roll call requested, all ayes, motion passed.

Wasterwater plan was discussed next by Kray.  She advised the Wastewater team consists of Todd Gifford, herself, and Norm Wellman and Dennis Lyons from Delaware County.  Kray reviewed the updated plan and the request for inventories of septic systems and wells on the lake area.  Galiher said we should state in the letter to property owners that this is mandatory and not the Lake District Trustees asking for it but it is required by the DNR.  Motion to approve revised Wasterewater plan by Davidson, Schneider second.  Burger indicated that we should reach out to the Water Quality Team to help in the inventory.  A draft letter will be sent to the Trustees for approval.  Motion passed.

Rusty Peck property purchase discussed by Leonard.  There are 2 different purchase agreements. The first requires Peck to include survey work and septic inspection, the second agreement details the Lake Delhi District to pay for survey if needed and does not include a septic inspection. Burger made motion to accept the second purchase agreement for the Peck property, Davidson second.  Kray said wants to keep the initial contract for this purchase and have Peck indicate which items he does not want to perform.  Schneider said he is in favor of the second agreement.  Kray indicated that the items left off of the second agreement will cost the District monies and that is her concern.  Burger said he is not sure that the site can even be inhabited nor if a survey is required.  Burger feels property is beneficial to the lake and supports the second  revision.  Individual roll call requested, Peter – yes, Burger – yes, Schneider – yes, Davidson – yes , Kray – no, Leonard – yes.  Motion  passed.  Resolution 11.8.12 introduced to authorize purchase of Peck property.  Motion to pass resolution 11.8.12 by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Public Comment – Leonard asked if people on phone had any additional comments.  Murphy wanted to make sure everyone is aware of the election results.  The Iowa House of Representatives has a 53 Republicans to 47 Democrats split.  The Senate Democrats maintained control with a 26 to 23 split.  Senator McCoy was in charge of appropriations last year and was instrumental in our cause.  We lost Renee Schulte and Nick Wagner in the House which both were key players in the appropriation of monies to Lake Delhi.  Murphy and Grant still feel that we are well positioned with the Legislative body.

Larry Aschenbrenner questioned why it is the Lake District’s responsibility to maintain public access and why isn’t it up to the DNR to do this?  Murphy’s intention is that this should not be our responsibility and that is the position we are negotiating with.  The Wastewater and Public Access reports were sent to the General Assembly as requested as part of the initial appropriation.  Leonard said our contention is they can ask but it certainly doesn’t have to be our financial responsibility.  We have to continue to work through these issues with the DNR.  Diane Bauers said there isn’t a fish ladder on any dams in Iowa so why do we have to do it?  Colgan said actually there is one on the Delhi dam and Colgan’s understanding is that the Iowa law was enacted a long time before the Delhi dam was originally built.  DNR says we have to provide why it is not possible to build the fish ladder and the DNR continues to ask for more information.  It is the law and we have to go through the process.

Dave Larson advised they are doing a major seawall project in Hartwick Point and wants to know if the water level will be the same.  Colgan said yes it will be the same elevation.  Holman said will be able to maintain that with a wider range of flows.

Leonard said archeology work is complete and only one site needs mitigation.  Most shore line permits have been released or land owners should see them next week.

Brooks Ante said before the breach, the area below the dam was a great small mouth bass area for fishing.  He asked whose responsibility is it to clean up all the debris down river past the dam.  He  kayaked the lake below the dam and there is a lot of debris still in this area.  Leonard indicated he asked this question before and no one seems to know the answer.

Bob Klima asked how much of all this work has to be done before we can start construction on the dam.  Leonard said talking through the issues and the first is the revised Wastewater plan.  We continue to do research and working with the DNR to allow the permit to proceed.  The Phase I permit request has been sent to the Army Corps of Engineers and we are very close to getting that done.  So we can start in the spring on that section.

There was a question as to how long we have to do shoreline work and the answer is the lake community will have the entire 2013 season to do work on the shoreline.

Dave Larson asked if a large coffer dam is required and if water will get to the Hartwick Bridge.  Pat Colgan advised no.

Aschenbrenner asked about bid letting he saw in the paper and what was it for.  Leonard explained it is for FEMA adminstrative assistant work.

Schneider 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, Davidson second.  Individual roll call requested, all ayes, motion passed.

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Special Meeting

October 18, 2012 – 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 6:30 PM at the Maquoketa Valley Middle School Conference Room in Delhi, IA.

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

Trustees absent: N/A

Visitors: Jerry Ries, Jim Locke, Pat Dede, Don Dede, Sue Christiansen, Lou Christiansen, Ken DeKlotz, Barb DeKlotz, Ed Schmidt, Wanda Davidson, Bob Hatala, Matt Hektoen, Chip Hughes, John Carbaugh, Paulette Carbaugh, Dave Fry

Davidson made motion to approve agenda,  Schneider second.  Leonard added agenda item under Property Management Committee as Update of Easement Rights.  Davidson changed motion to include item under Property Management.  Motion passed.

Kray requested approval of minutes from 9/20/12 meeting.  Motion to approve minutes by Burger, second by Schneider.  Motion passed.

Kramer discussed payments required from General Fund – ICAP for $5,019.00 (Liability Insurance), L&L Consulting for $2,000.00 (Lobbyists) and Simmons Perrine for $24,791.53 for attorney fees.  Finance committee will review attorney fees to see what can be paid out of  bond fund.  Payments requested from Bond Fund – B&J Hauling for $3,150.00 (Transfer of Dam gate parts), Tegeler Body & Frame for $375.00 (Move work platform) and Stanley Consultants for $69,833.30 (Task 1.6) and $31,129.41 (Task 1.7) All payments but Stanley can be paid.  Leonard said Stanley willing to wait on payment until further decisions made.  Leonard made motion to pay all bills but Stanley Consultant’s bills.    Burger said could we approve.  Leonard amended motion to pay all bills as presented but hold off paying Stanley Consultants until decision as to what fund to pay out of.  Burger says we should wait on attorney bill until funds are determined.   Hatala said if have guidlelines they can break out bill for bond fund and general fund.  Leonard said finance committee can work with attorneys and give guidelines.  Motion amended to approve all payments represented but hold of off paying Stanley Consultants until further information and finance committee will work with attorneys on how bills separated and will wait to pay attorney until funds separated.  Burger second motion.  Individual roll call requested, motion passed.

Kramer discussed financial report.  Current balance is $158,326.37 and report includes tax draw, interest and expenditures approved last month.  There were no disbursements from the Debt service fund but $116,471.25 interest payment is due 12/1/12 and current balance is $197,313.76.

Burger discussed meeting with Bank Iowa on Tuesday, October 16^th  which included Trustees and LDRA members.  They asked for an extension on payment for interest and principle.  The bank agreed previously to suspend payment on the interest until October 31,2012.  The bank agreed to a payment of $67,145.83 on Nov. 30, 2012.  There is another interest payment due in December 2012 but Bank Iowa also agreed to hold that payment until June 3013.  This team will meet with them in April 2013 after the Trustees certify their budget and bring up to date on cash balances.  Burger spoke with the county assessor and the assessed value in the taxing district is about the same as last year and hasn’t gone down so our income should be about the same.  Burger made motion to pay $67,145.83 to the LDRA to enable them to pay the interest only dredge payment by October 30^th, Schneider second.   Leonard said Bank Iowa is a key stake holder in the restoration of the lake.  If the restoration is delayed, the bank is at a greater risk because property values will continue to go down.  Davidson asked their contact at the bank had to take this negotiation to a bank committee and Burger said he did get a call that approval was received.  Individual roll call requested on the motion, all ayes, motion passed.

Fry discussed RFP request for FEMA grant administration assistance.  Iowa Homeland Security meeting discussed all processes and documentation to effectively manage grant and capture all the funding.  Whatever we do we will be looked at with scrutiny because of the previous audit.  We will most likely have an audit by the Inspector General after our current work is complete.  Because of time requriemetns and dollar amounts involved, the District previously talked about the need for administrative help – not just a pure volunteer effort.  Fry has drafted an RFP to get professional help in this regard.  The RFP has been reviewed by Hatala and Tim Marienau from Homeland Security.  Hatala said need to follow CFR and need to identify which considerations for the RFP and how they will be weighted in our decision.  He believes we should add the applicant’s experience and cost will be given greater weight than other factors under Proposals on second page.  Burger  asked if we have to take low bid on architecture and engineer.  Cost is a factor but not a deciding factor.  Fry said we should also do a public notice in a newspaper.  FEMA requires some kind of publication.  Kray asked if Manchester Press was sufficient and if there are guidelines on dates to be used.  Burger asked Fry if Homeland Security would have a suggestion for a publication.  Fry said our RFP is pretty unique, and doubts if the Manchester Press would be seen by possible bidders.  Fry suggested putting the notice in the Des Moines Register or CR Gazette.  Burger suggested the Register.  Kra made motion to approve moving forward with the RFP for FEMA adminstrative position, Kramer second.  Fry asked for authorization to correct FEMA disaster number as it is incorrect.  Fry said date open on the RFP because not sure on minimum timeline and should set precedent for where the District wants the replies to be sent.  Leonard said would like County Auditor to receive bids.  Hatala said it was a good idea to have a public place for the bids to be dropped off.   Kray said ask for references in proposal so have when evaluating.  The next Trustee meeting is on Nov. 15^th so we should ask them to be due in the Auditor’s office  by Wednesday, Nov 14^th or date chosen by county auditor that works for them.  Bids have to be opened at our meeting.  Make sure we ask for  hard copy returns and do not allow faxes.  Kray restated the motion to approve moving forward with the RFP for the FEMA administrative assistance to include Dave Fry changing the FEMA disaster number to 1763 and to include request for refereces and the statement under proposals that adds ‘experience and cost will be given greater weight than other factors’  under Porposals on second page with delivery of bids to Auditor’s office on November 14^th or date subject to Auditor approval and opening of bids on the regularly scheduled meeting on November 15^th. Kramer second, motion passed.

Committee updates

Finance has nothing to report other than Bank negotiation which was discussed earlier

FEMA – Fry said had at least 3 different onsite meetings with FEMA and Homeland Security in the last week.  One was for an exam of the dam site, one for North Beach and Lost Beach and the third to look at the siltation.  They also asked to look at the containment site.  The visits have been from the Engineer in KC where the FEMA regional office is located and also from an Environmental person who looked at the siltation.  Fry believes they have a good handle of what we are dealing with.  They were able to see the work platorm before it moved and then also saw it after it was moved.  Fry said they have asked for a lot of information and they continue to give them what they ask for.  Holman’s group from Stanley Consultants has been working on a number of projects, one takes the dam site and breaks it down into components because FEMA’s approach is they have to set a baseline.  How much was 2008 vs 2010 flood – important because the local match is different on each of those.  Replacing whatever we lost back to status when it was damaged.  In our case, we designed more in the dam than what we had with modern day standards so we have to break down costs.  Identify what would it cost to replace as it was, which we can’t do because of codes – or what would it look like wtih minimum codes and standards and then third category is above minimum code.  Stanley is building spreadsheet to break down costs.  Siltation and dredging is another project.  Obtained information from Roger Mohn as to what siltation damage was in 2008 and then look at 2010 and then using lidor study to look at all of it.  Have identified at least 4 projects or buckets.  Dam site itself is one, dredging and siltation is the second, the work platform is third and fourth is beach repair. There may be a couple more as Tim Marienau and Fry have been discussing emergency protective actions/costs, for example, what cost did we incur at time of disaster for public safety.  Last category is looking at development and engineering and breaking it out as its own category so can maybe capture some of those monies.  Leonard thanks Fry for staying so active and keeping everything moving.  We know he has dedicated a lot of time.  Burger asked about out of state RFP respondents and if Fry will be the boots on the ground for them?  Fry said doesn’t always have to be at Delhi.

Dam Construction – Peter talked to Pat Colgan and Bill Holman about whether we are capturing all of the smaller stuff.  He went over the old portion of the dam to see if Stanley has it in the quote.  The 3 of them started out having a teleconference call and Peter created a big library of pictures.  Will also be history for us as we move through the project.  It is a color coded manual and should make it easier for us.  Safety and OSHA could cause problems.  Spent time with state OSHA representative and she is sending a book to Peter.  Automation and safety hooks, hand rails, hazardous matierials, were all reviewed.  Staging was discussed with County Engineer and Garlan Glantz with County Conservation and they may be willing to close off the highway but there is no commitment yet.  Peter asked Holman if there is a centralized de-icing system and is waiting for his answer.  Peter also asked Holman to look at automated controls and interlocks, and how we record the raising and lowering since they are electronic.  Do we need calibration on any of the equipment and what spare parts should we have on hand.  Peter also reviewed what he saw during the movement of Steel Fab equipment and the items that wil have to be dealt, for example there are some oil leaks.  Some items reference outside vendors had to provide equipment so Holman has those specs.  Other items Peter has been listing are warning lights on the spillway and how we keep junk out of the ropes.  Also some miscellaneous items such as  PLC training, hoop building, chainsaws and such.  Bill Holman and Pat Colgan can go through the lists and determine if the items are covered.

State-County Legislative – Leonard actively communicating with Legislators and key stakeholders with updates.  They are in support of our efforts as it relates to funding and permitting.  Legislative session will be starting soon.  Lobbyists are very active and busy in our support.  Final Archeology report should be ready in the next week or 2.  Fry said should have archeology report to give to FEMA next weeek.  DNR has forwarded their concerns to us and we will have meetings with them shortly.  Delaware County is a key stakeholder and Leonard thanked Jerry Ries, Delaware County Supervior, that was present and thanked them because all departments within the county -Treasure, Attorney, financial and non-financial and giving advise.  Jerry Ries said the Supervisors are still working with their bonding attorney to complete.  Ries said at times there is a question as to whether the County is behind us and he indicted they are but at this point they can’t do much more as they have the right personnel involved with our tasks.  Property Management was discussed by Hatala.  He indicated how helpful Carla Becker is.  Time tonight is gratis – there is nothing to decide tonight.  Our argument is that this is not like a new dam and can do whatever they want, it is a number of properties are owned by different property owners.  One of the items that the DNR regulates is the pool level and we are asking for a variance as to the DNR definition of ‘top of dam’.  We would prefer the pool level be at the 100 year flood plain level.  We have a lot of different properties that we will need additional flood plain rights and dredging rights.  It varies by the type of work that has to be done.  Have to ask for easement to flood property.  It is like 800+ different real estate transactions.  Not all property descriptions are easy and it requires some review to be done by legal professionals.  Volunteer opportunities will be the process of getting signatures.  Hektoen said imagine a map of the lake and all friends and neighbors we need to understand what we need to know.  Have to identify each parcel that is at or below the 805 ft elevation.  Once parcels are identified, they have parcel report that gives lead as to what is legal descripiton.  DNR says have to have specific legal descripiton – identify book and page and pull up document and do an easement document.  County recorder only digitized the last 5 years so a lot of parcels that haven’t been transferred will be on paper and as a result they will need to physically go to County Recorder and this will be handled by their paralegal that charges hours at a lower rate.  Will have to print out each and every deed on line.  Exact work has to be done professionally.  We are currently in the process of identifying the properties involved and they are 4/5 of the way done. The majority of Legal descriptions should be able to be done online but there are some that will have to be done at the Recorder’s office.  The legal team started the project as soon as could tell the DNR wasn’t going to budge.  Peter asked how far up stream boundary lines are?  Hektoen said the farm land that is adjacent to the lake will need to be done as well.  They are not sure how the leased land will be handled yet.  It depends on what the individual  lease says so will have to look at those individually.  It is the owner of the land, the building and the banks that hold mortgages that will most likely have to sign the easement.  Locke suggested using road associations and that they can help.  Burger asked if the requirements are the same if decision on top of dam is the road or the 100 year flood plain.  Doing most of the work on top of dam but because of terrain it is about the same.  Kramer asked how much more time will this take.  Hektoen said it is hard to get an estimate but the  hard work is being done by assistants and then the attorneys review them.  Kray asked if it was possible to negotiate the price of this task.  We need an estimate for our budget?    Burger asked if could one person stop signature.  Hatala said yes, but the rule also says if  use reasonable efforts so we are hoping that term will apply.

Update on work platform – Davidson asked if got agreement from Darryl Hogan for storage and Schneider advised not yet.  Davidson wants to make sure we get it in writing that Hogan will store for free but that it also continues to be our proeprty.  Schneider said no bill from Randy Toomin yet for the hauling of the work platform but it should be about $100 to $150.  Leonard said the move went well and thanked Schneider for his work.  Schneider’s work with his tractor should be tracked as we can use this towards matching funds.

Public Comment – Ed Schmidt asked about the easement – if the property gets flooded is the District protected and Hatala confirmed yes.

Jim Locke asked if when the Steel Fab equipment was moved did Peter see stainless steel rollers that were provided by Modern Hydro.  Peter said no didn’t see any.  Modern Hydro said they delivered them to the Fink property and they are about 3 ft wide.  Peter said didn’t see anything.

Barb DeKlotz said having trouble with minutes.  Minutes are in adobe format.  We will get minutes posted on lakedelhi.org.

Fry said FEMA asked for photographs of work platform and the beaches.  Steve Leoanrd may have some or Marty Pottebaum.  Also if any pictures of  when it was moored.  FEMA wants a predisaster picture.  They will check with Darryl Hogan.

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.  This will be a closed session pursuant to Iowa Code Section 21.5 (j) by Schneider, second by Burger.  Individual roll call, all ayes, motion passed.

Motion to adjourn by Schneider, Peter second, motion passed.