The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Special Meeting

September 20, 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 6:35 PM at the Maquoketa Valley Middle School Conference Room in Delhi, IA.

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

Visitors: Pat Dede, Don Dede, Sue Christiansen, Lou Christiansen, Ken DeKlotz, Barb DeKlotz, Bob Galiher, Lola Galiher, Ed Schmidt, Bill Lux, Marcheta Cooey-Lux, Chip Hughes

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

Kray requested approval of minutes.  Motion to approve minutes of 8/16/12, 8/30/12 and 9/13/2012 by Schneider, second by Burger.  Motion passed.

Kramer reviewed payments.  Motion to approve payments for $93,489.71 by Burger, Schneider second.  Kray asked about B&J Hauling and if this was a final billing and Peter indicated yes.  Leonard asked about Workmans’s Comp and Kramer explained why LDRA carried Workman’s Comp.  Burger explained that if call in list was activated, workmen’s comp was needed.  Hughes said in earlier years the insurance company wouldn’t insure volunteers so had to make the call in list.  Leonard said no problem paying but wants to make sure it is adequate because we have so many volunteers.  Burger made motion to table this billing and said we need to call agent.  Kramer and Burger will talk to agents, Kramer second, motion passed.

Leonard said wants to table payment to B& J Hauling to see if FEMA and Homeland Security will give us direction on what funds to use to pay for it.  As we approve payments going forward we have to dictate what fund they will come from.  Peter talked to Colgan and Colgan talked to FEMA personnel and they never got back to them.  Peter made motion to table B&J Hauling billing, Davidson second. Motion passed.  Burger made a motion to pay the Boss payment from the General Fund, Kramer second, motion passed.  Leonard discussed Abstract Services bill and said it was for the dam transfer for $254.00.  Kray made motion to pay out of General Funds, Schneider second, motion passed.  Kramer made motion to pay L&L Consulting out of General Fund, second by Burger.  Davidson asked if we have detail of what we get from them.  Leonard suggested we make them part of our regular monthly meeting either in person or by phone.  Motion passed.  Motion to approve Attorney bill by Burger and second by Davidson.  Burger sent out breakdown based on what could be broken out and paid by the bond fund and by the general fund.  $6004.83 can be paid out of bond fund, and $860.70 out of the general fund.  Leonard said some could be reimburseable and maybe we should table payment of this bill.  Burger asked Fry if FEMA reps would advise us as to what we think is reimburseable.  Fry said Iowa Homeland Security will tell you what they think will happen because FEMA makes the final decision but Homeland Security will give guidance.  Burger made motion to table bill, Kramer second.  Motion passed.  Motion was made to table Stanley Engineering bills by Burger, Kramer second.  Motion passed.

Kramer indicated there was a tree down at the house and the LDRA has approved to pay.  There is also a mowing billing but it is not on the agenda and will table until next meeting.

Kramer reviewed the Financial report and Stanley Engineering budget by task.

Burger went through Organizational structure document he formulated to indicate how we operate and how board members are elected.  The document discusses the individual roles.  He is also trying to find a simpler method of rules of order.  Burger made motion to adopt structure with rules of order coming later,  Davidson second.  Kramer said do we want to do first Thursday of the month and discussion was focused regarding what new board may want.  Burger made motion to approve but to eliminate blank rules of order, Kray second, motion passed.  Burger made motion to accept rules for office of President, Kramer second.  Kramer said she wants to include that if board member wants something on agenda they should discuss with President first.  Davidson said wrong to assume that President sets the agenda, however he can propose the agenda.  Kramer not saying can’t put something on agenda she believes nothing should be on agenda without the President’s knowledge.  Burger said this concern should be taken care of in last paragraph.  Kramer said we are all on the same page and discussion takes care of her question.  Leonard asked for vote, motion passed.   Burger made motion to approve rules for  Vice President duties, Kramer second.  Leonard asked when President is absent and action taken how does signing occur.  Burger said the board gives the authority for documents to be signed and this document will give the Vice President the approval in the President’s absence. Kray asked if need delegation of authority and Burger said operational document is the authority.  Fry said these documents should be shared with FEMA and Homeland Security.  Motion to approve Vice President document passed.  Burger made motion to approve Secretary document, Schneider second.  Leonard asked if Kray was ok with the responsibilities detailed for later secretaries as well.  Kray said yes okay with document, motion passed.  Burger moved to approve responsibilities of the Treasurer, Kramer second.  Kramer said all items were okay for later Treasurers.  Motion passed.

Leonard introduced Custody Agreement which is required by the bank that bought our bonds.  Document worked out by our bond counsel, bank and our broker.  Suggested that we approve it first and then we can advise county we have approved it.  Motion to approve by Davidson, Kray second.  Burger summarized that because it is a $6 million bond and we are a volunteer board the bank wanted to see an employed person distribute the money and make the bond payment.  Usually a trustee is hired to do this but when Speer Financial advised the bank that the county pays our bills that satisfied their issue. This document just takes care of the agreement between the county and us specifically regarding the bonds.  Individual roll call requested, all ayes, motion passed.

Schneider discussed the work platform and that it is currently on the Hawker property and rent is paid until the end of the month.  He spoke with Darrel Hogan and he will store on his property for 2 years rent free and Schneider advised Hogan there was no guarantee that Hogan would be able to purchase it at the end of this length of time.  Hogan is aware of this.  Schneider said to move the work platform we would have to have a lift with a crane and move with a semi. He received a quote from Jesse Tegeler for $125/hr and thought it would take about 3 hours but he can’t guarantee the amount of time.  Schneider also contacted Randy Tooman and he said he would move it from Hawker’s property to Hogan’s property for $150.  The work platform is under a tree and it needs to be pulled out.  Schneider said he will have to slide it out with a couple of tractors.  Leonard said the work platform was paid by FEMA.  Peter asked if Colgan received response from FEMA about movement of the work platform.  Peter said we could move the stop gate and there are 3 assemblies on the north side of the dam we could move as well.  When he helped with the movement of the Steel Fab equipment he thought it would make sense to do it at the same time. Fry said if don’t need it right away should leave it alone.  Anthony Bardgett said he thought we could use the north side as a stop area and maybe use park area as well.  Key to most is to follow procurement policy.  Davidson made motion to spend up to $1200 for crane service and to move the work platform, and get written bid and agreement from Darrel Hogan, Peter second.  Motion passed.

Public comment – Hughes asked why DNR, Corps of Engineers and FEMA updates were not on the agenda? Kray indicated we will be doing that on upcoming agendas.  Leonard gave update on the Corp of Engineers and that the archeology work near is completion.  Permit requests are in to both the Corp and the DNR for Phase I just waiting for final archeologic reports so they can be sent to the DNR and the Corp.  Hughes asked about the inpoundment permit.  Our Attorneys are working with the DNR attorneys to come up with acceptable language.  All has been submitted and is in DNR’s hands for review.  Leonard said it is hard to tell how soon we will hear on this.  Fry gave a FEMA updated by saying we are having preliminary discussions and not much since last week.  We are expecting a team from FEMA to come in next week to spend quality time at dam to begin assessing damage.  We have had requests for information from FEMA and Fry and Colgan has given some of their requests to them and there is more to forward.  We have 4 full time FEMA personnel designated for Lake Delhi.  They will go through and re-evaluate damage form 2008 and 2010.  Homeland Security and FEMA will assemble a project worksheet and go through reviews and changes and ask for additional information.  They will be improved for submission to FEMA and they may have more questions.  FEMA will then determine if we are funded and obligated.  Homland Security said the District won’t see anything this year and will most likely be next year.

Bob Galiher asked the status on the upcoming payment that is due to bank.   The Finance Committee will be looking at this prior to the next meeting.  Will get information for next meeting.  LDRA will be included.  Galiher said there is a rumor that the District is canvassing folks on the lake and asking to sign off on flooding document and he feels the District needs to be aware of this.  Leonard said the legal teams are  reviewing and there is no canvassing.  Fry said if not getting information from Trustees then people will make up stuff.  He said he believes the information from the Trustees need to have more detail and information.  Leonard suggested bulletin could say look at minutes.  We will take this as an action item for the Communications Team.  Galiher said since the county is holding our money and he wondered if any chance they are earning interest.  Advised yes, we are earning interest and the amount is on the financial reports.

Motion by Davidson 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 is pursuant to Iowa Code Section 21.5, Peter second.  Individual roll call, all ayes, motion passed.

Kramer made motion to go out of closed session, Schneider second.  Individual roll call requested, all ayes, motion passed.

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

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Special Meeting

August 30, 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, Kramer, Kray, Schneider, Leonard, Davidson, Burger, Schneider

Trustees absent: N/A

Visitors: Pat Dede, Don Dede, Darrel Berry, Pauletta Carbaugh, John Carbaugh, Chloe Colgan, Pat Colgan, Diane Bauers, Sue Christiansen, Lou Christiansen, Ken DeKlotz, Barb DeKlotz, Larry Aschenbrenner, Bill Lux, Marcheta Cooey Lux, Dwayne Donels, Chip Hughes, Dave Fry, Dan Staebell, Hatala by phone, Murphy by phone, Holman by phone.

Davisdson made motion to approve agenda,  Kramer second.  Motion passed.

Kramer discussed organizational structure and how each office election should be handled.  The pages are the same as what we reviewed last month.  Burger indicated Organizational structure document should also include the how to elect president and how we get board underway every year.  Burger made motion and Davidson second to begin discussion on Organizational structure.  He would prefer to put this in one form.  Burger will volunteer to put in one form and bring to next meeting.  Davidson said before that if absence of President, the Vice President should take action in the place of the President.  Leonard said lets revise motion to combine into one page.  Burger made motion to table until next meeting until revisons can be completed, Davidson second.  All ayes, Motion passed.

Memorandum of Agreement between LDRA and the Distirct for transfer of properties was introduced by Leonard.  Our attorneys finalized all exhibits and attachments to the document.  Leonard wants to bring the document to the table and discussion.  Kramer made motion, Schneider second.  Individual roll call requested.  All ayes, motion passed.  Document will move forward to LDRA for signature.

Pat Colgan gave FEMA update.  The 2008 and 2010 Flood events have been reobligated.  Colgan and Dave Fry had their first initial meetings with FEMA last week and the kick off meeting was scheduled for September 17^th .  In the meeting last week with FEMA, they went through the 2008 disaster.  The 2008 event has a monitoring/audit report that is still an issue and needs to be addressed.  During the meeting they went through 25 pages of the monitoring/audit report and got a game plan.  Homeland Security will work with us and help to work through the report.  Iowa Homeland Security will also help us to go through the application for the 2010 flood for  FEMA this fall.  FEMA will rule no later than April 1, 2013 of next year (soonest it could be).  There is a lot of work ahead of us.  Leonard thanked Fry and Colgan for their participation in working on the monitoring report.  Leonard is thankful that we can work both issues at the same time and feels this is because Homeland Security is comfortable with our leadership team.  Fry indicated the 2008 monitoring report will be a ton of work.  He wants to give the District Trustees a heads up he doesn’t have the time to do all that will be required.  There is a need for a  strong engineering background to finalize this report.  Every one one of the items is asking for a cost analysis to justify the costs that were expended.  On top of he cost analysis requirment, there needs to have justification for the sole source contractor award.   Fry said we may need to have an agreement with Stanley Engineering to assist.   Colgan said that comment leads into the next item on the agenda which is Agreement #14 with Stanley.  Colgan said he realized right away that it is a ton of work and that he and Fry would need assistance.

The 2010 FEMA meeting was exciting and we have an opportunity for another possible source  of funding.  The Stanley Engineering proposal is another $26,700 to assist with the funding assistance request.  Homeland Security said we need to have a separate estimate of how much it would cost to bring the dam back just as it was.  Then we also need to show the cost with the changes we made.  The summary spreadsheet in the Stanley agreement will delineate all of this.  Another big item is silt mitigation.  We need to study it and stop the silt before it gets in the lake.  We will propose this to FEMA.  Stanley has recently done mitigation work like this with Homeland Security and FEMA so they know the process.  Burger asked if the costs within the Stanley agreement are reimburseable for 2010 and Colgan believes so.  Fry said the key to our success is how well we prepare our application.  A large part of the application is building the case and the costs and the reasons for it.  Having our best foot forward is essential.  No one knows more about the project than Stanley, especially after they produced our 600 page report.  Leonard asked if the Trustees did not move forward with this contract, what would be the negative.  Colgan said he and Fry don’t have the time or the resources to do all of this paperwork and engineering work.  The type of resources Stanley will provide would be more cost effective.  Fry said time is not our friend here.  The FEMA process is extremely combursome at best and full of land mines that can derail us.  We need to make sure we do everything we can to maximize the amount of money we can get from FEMA. Schneider said it is critical we do it right because we are under a microscope because of the  previous audit report.

First thing we have to do is ask for an extension for 2008 because there is a 4 year timeframe to claim funds.  Colgan said FEMA is very precise and it is important to work with someone who knows what they are doing.  Pat Dede asked if the 30 day timeframe on the Stanley Agreement  is for the 2010 project.  But no timeline on 2008.  Davidson asked Hatala if he had anything to add since he was at the meeting.  One thing Hatala says needs to be addressed is the record keeping and accounting.  FEMA will be sticklers for accounting on this.  Needs to be someone who is good at record keeping.  We will be audited by the State of Iowa and all likely hood by FEMA as well.  His recommendation to the board is to have someone who handles all of this.    Fry says not so much accounting, but more procedural and all processes as they happen.  They have already been asked about our contract with Stanley Engineering and how it was let.  We need our record keeping at a very high level.  Fry said we also have complexity because of our several funding sources.  FEMA won’t pay for items that will already be reimbursed.  Hiring an adminstrator is a direct cost of the project and should be able to be reimbursed as well.  Burger said needs administrator and he is aware of  a agency called Easy Cog from Dubuque that we  may want to consider contracting with.  In order to be eligible for FEMA reimbursement all contracts  have to be bid and Homeland security has some other names of companies that do this work as well for our bid process.  Colgan gave opinion that it is more important to get FEMA funding.  We can do the construction bidding before spring 2013.  Schneider made motion to accept Stanley Agreement #14, Peter second.  Holman was asked by Leonard how much time does Stanley need for task of 2008 flood.  He thinks a good month should give them the time to complete most of the 2010 but it will depend on how much work is needed.   Davidson asked how much time will be needed for  2008.  Holman responded that it depends on how much work is required.   Burger asked who is our designated rep for  FEMA for 2010 event.  Colgan said the paperwork for the 2010 flood hasn’t been done yet and the Trustees should add this as an agenda item for their next meeting.  All ayes on motion to accept Supplemental Agreement #14, motion passed.

After 2010 breach, the Steel Fab was one of our contractors for 2008.  The equipment they provided has been at Dave Fink’s business property but he has now leased this space.  Colgan worked with Rich Hughes and other people and has 3 bids for the movement of this equipment, however, Colgan does not have copies this evening.  $3900 was the low bid and $4700 was the highest.  We are moving it back to the dam on top of powerhouse.  We will be blocking it, and will inventory it.  Steel Fab will then be inspecting it for us.  Anthony Bardgett said 3 bids is okay.  The equipment has to be removed.  Leonard reminded board he can approve up to $5000.  Colgan said he hasn’t had time to review the bids and see if they are bonded.  Leonard is saying we have given him the authority before.  Davidson made motion to give Leonard up to $4500 to approve contract based on the information we have tonight. We are only giving authority to accept the agreement so Davidson changed his motion to give Leonard authority to accept the agreement, Kramer second.  Individual roll call rquested, all ayes, motion passed.

Archeology update by Colgan explaining they have completed their work.  They are submitting their report tomorrow.  The agreement with the Corps will need to be done and signed by the Trustees that says we will agree to do what ever the final report says.  After that all the shore line work can begin again.  Should still all be done by mid September.

In public comment, Diane Bauers confirmed no permits for dam until all this is done and that was confirmed. Chip Hughes asked what is status for the DNR permit?  Colgan said need to get okay to refill the lake from all owners.  Working with DNR and attorneys for legal language and we are not sure how many will have to sign.  By mid next week we should know where DNR is.

Hughes asked if flood plain elevation has been determined.  DNR says it is top of dam.

Schneider made otion 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 pursuant to Iowa Code Section 21.5.  Kramer second, individual roll call requested, all ayes, motion passed.

At close of closed session, motion to adjourn meeting by Burger, Schneider second.  Motion passed.

Adjourn closed –  Burger motion, Kramer second.  Individual roll call, moiton passed.

Work session.  Burger moved  all tasks to .  Will participate as volunteer on fema committee because he has participated in fema.  burger redid form and added what he wanted to participate in.

Davidson – consider things don’t done.

Tuesday, September 11^th.  Next meeting