The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, February 20, 2014 – 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.

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

Trustees absent:  Burger

Visitors: Dave Larson, Chris Stender, Chuck Koelker, Jason Wenger, Larry Aschbrenner, Doug Camp, Todd Boone, Pat Colgan

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

Kray requested approval of minutes for the 1/16/2014, 1/20/2014, 2/3/2014 and 2/10/14 meetings. Kramer made motion to approve, Schneider second with correction on 2/2/14 minutes to reflect date of Thursday, March 10^th to Monday, March 10^th. Kramer agreed to motion change, all ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $32.65, Delaware County Auditor’s office for election expense – $929.47,  L&L Consulting – $2,000.00, News Publishing Co – $22.95 and Attorney fees for Dec. – $40.00.  Payments for the Bond Fund as follows: Simmons Perrine Moyer Bergmann – $4117.82, and News Publishing Co – $61.36.  Motion to pay all billings for the general fund and the bond fund as presented by Davidson, second by Schneider.  All ayes, motion passed.

Kramer reviewed budget reports as of 1/31/2014.  The General Fund had a starting balance of $103,593.57 and after receipts and expenses has a balance of $95,902.41.  The Debt Service Fund had a beginning balance of $157,723.83 and after receipts has an ending balance of $160,516.21.  The Dam/Spillway Fund has a beginning balance of $5,615,413.53 and after  interest payment and expenses ends with a balance of $5,590,505.36.   Kray made a motion to file financial report, Schneider second.  All ayes, motion passed.

Hatala created a resolution to allow officers to execute and authorize non-financial documents.  The purpose of the resolution is to allow things to be streamlined and to keep things moving forward during the construction phase.  Leonard read the resolution and advised Hatala left blanks for description of the kind of documents that are allowed to be signed.  Motion to approve resolution 2.20.14a by Davidson for purposes of discussion and second by Schneider.  Leonard advised the issue arose by the request for Holman from Stanley Consultants to sign permit papers.  Leonard asked Colgan if this is something we need for the project.  Colgan said contractors will have change order requests for quick decisions because of weather, etc. and we might have to allow the change in an afternoon.  There will be all kinds of items for ebb and flow of this project that could save money, improve costs, etc.  Davidson sees this as possibly problematic that 2 members would make a decision  but the other board members couldn’t change the decision.  Leonard said if we have to have a meetings for this type of thing, we have to post a 24 hour notice.  Kray said the 24 hour notice would be problematic for construction issues. Schneider said maybe we should make the number be 3.  Colgan wants to clarify his comment – that some issues will be done right away, for example, action needed due to a storm warning.  Davidson said maybe we could firm up the language and only allow permit applications and contractor change order requests may be approved by 2 other district personnel.  Davidson will change motion to approve the resolution but language should state “may be approved along with 2 other district officers”.  Gifford said he thinks there should be some dollar threshold and to narrow it down.  He proposes a $25,000 limit. Davidson asked if only one source would bring the change request and that it should be Colgan.  Leonard said he thinks we should table this for tonight and ask Hatala to prepare a revised document with the change in the language.  Leonard will draft what we discussed this evening and have all trustees review it.  Davidson make motion to table this item, Schneider second, all ayes, motion passed.

Leonard introduced Resolution 2.20.14 to approve the Rocky Nook Property agreement.  Motion to approve resolution by Kray and second by Kramer.  Leonard gave review of purchase of property.  As the Trustees reviewed solutions and chose the design of the dam, properties were required.  The District purchased the Peck, Wright, and Wiersma properties and Marty Pottebaum donated the land we needed on the north side of the dam.  The final property to purchase were properties owned by the Rocky Nook Association (RNA)by the spillway (where docks and boats were) and property down river for  the spillway.  We negotiated with the RNA  for 2 different properties and purchase agreement  was signed.  There was an incentive for a quick response to our purchase agreement of $50,000 and the property purchase amount was $235,000.  There is a septic system on the property we are acquiring so we had to replace the association septic systems.  In addition, an easement is given to RNA on the old Peck property for docks, but we retain ownership so the District can take care of our easements that currently existed on the Peck property prior to our acquisition.  This purchase is the last item to enable us to build the spillway and will allow the DNR to move forward on our permit.  Davidson asked what the closing date will be and Leonard said asap.  Abstract should be done by next week and we can close in the next 2-3 weeks.  Individual roll call required on the motion. All ayes, motion passed. 

Leonard said one of the items on the RNA purchase agreement is the need to design a septic system for them.  Jason Wenger and Randy from the Burrington Group have helped with  a proactive approach to this task. Wenger said the septic system and leach field is impacted by our purchase and he has been working with Dennis Lyons (County Sanitarian) for everything to be in compliance.  The RNA area needs a packaged or sealed septic system because of the closeness to the water and rocky soil.  It is estimated that 3 potted systems will be required.  In addition a public water distribution system will be needed as well because we will be impacting that also.  This full design will require a DNR permit because it is a public water system. Burrington Group’s proposal is $4000 for engineering design and they have added another line item if we need bidding phase assistance as well.  Burrington Group is estimating $2000 to facilitate the bid process.  In the proposal the majority of the cost will be material cost because the bulk of the expense is the acquisition of the systems.  Kramer made motion to approve the contract for bid design and bid assistance, Schneider second.  Leonard said Hatala wants to make sure Wenger will meet Iowa Code Chapter 26 and Wenger said that is what they follow.  Leonard thanked Wenger and Burrington Group for all the time and effort they have put in to RNA septic and water issues.  Individual roll call requested, all ayes, motion passed.

Committee updates

Finance – budget hearing is March 6^th at Maquoketa Valley Middle School conference room.  We are estimating expenses for 2014/2015 fiscal year. 

FEMA – Doug Hermann is working on documentation and Dave Fry and Maggie Burger have been assisting him.  He is almost finished with one of the worksheets and will present to the board shortly.

Dam Construction/Timeline – Colgan gave an overview of status of the bids.  The Contractors meeting was yesterday and Stanley has given 30 sets of designs so we know there is a lot of interest.  Colgan is anticipating 5-6 good bids from good contractors.  Twenty five to thirty people showed up at the meeting yesterday.  The contractors had great questions and all the questions were collected and the answers will be shared with all contractors as an addendum.  Our plan is to award the bid on March 10^th giving a notice to proceed. 

State county legislative – Currently there is bill HF2340 that has been issued to clarify our property tax exempt status.  There has been lots of communication with the Iowa tax revenue department and they have no issue and will show support.  Sales tax is another issue but we have received informal clarification from the Iowa Tax Department and we should be exempt from sales tax.

We received county approval to work in the flood plain so nothing is stopping phase I right now.

Property Management – we need to go through all the documents in the building down by the dam in the spring.

Public comment – How many sites are in the RNA area and Leonard advised there are approximately 37 owners, but we understand 3 homes were taken out by the flood and those won’t return.  Those remaining will feed into the new septic system.  Does our building remain and the answer is yes, the spillway won’t interfere with that building (office building).  Will many of the contractors from Phase I return for the Phase II work and Colgan said yes, he expects that.

Aschbrenner asked what did we pay for the Peck property and Leonard said close to $100,000 and then he was asked how much area was included. Leonard said he could go to the beacon web site on the County page and see what area was purchased. 

Chuck Koelker asked when Phase I and II will be done.  Colgan said Phase I is estimated for September but we can’t do the final test to complete until the spillway is complete and the gate test is done.

Aschbrenner asked who does the gate test and Colgan answered Stanley Engineering.

Dave Larson confirmed that the gates will take 6-8 months to receive and Colgan said we still won’t need the gates until Spring of 2015.  The roller gate guides will be an important part for Phase I. Once the guides are done then we can build the coffer dam so we can start the spillway work.  What about the tubes below the powerhouse and Colgan said they may still be an option but we haven’t been able to inspect them yet because of the rip rap.

Schneider made motion to adjourn, Davidson second.  All ayes, motion passed. Meeting adjourned at 8:30 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, February 10, 2014  9:00 a.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 Treasurer Laurie Kramer at 9:00 a.m. at the Maquoketa Valley Middle School Conference Room.

Trustees present:  Kramer, Davidson, Schneider.  Kray participated via skype.

Absent: Leonard, Burger, Gifford

Visitors:

The agenda was reviewed by Kramer.  A motion was made by Schneider, second by Davidson to approve agenda.  Motion carried.

A motion was made by Kray, second by Davidson to approve Bill Holman from Stanley Consultants to be the District’s agent for the purposes of obtaining the Phase II permit and to authorize Kramer to sign the permit in the absence of President Leonard.  Motion carried.

There being no  public comment, a motion was made Schneider, second by Davidson to adjourn. Motion carried, meeting adjourned at 9:11 am.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, February 3, 2014 – 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, Davidson, Schneider, Burger, Gifford and Kray by Skype

Trustees absent:

Visitors: Chris Stender, Jim Locke, Dave Larson, Larry & Eve Peter, John & Pauletta Carbaugh, Pat & Don Dede, Wayne & Jenny Garvin, Wanda Davidson, Margie Schneider, Brian Monck, Doug Ernst, Amy & Clint Houdek, Mike Rooney, Randy Rattenborg, Duane Hogan, Mark Swift, Dick Recker, John Hess, Mary Kay Starks, Rod Starks, Mike Ott, Larry Aschbrenner, Annette Mohling, Ellen Wulfekuhle, Randy Wulfekuhle

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

Leonard discussed consideration of approving the final bid package.  He reviewed steps of where we have come and that the federal permit has been received and thanked all that were involved to get to this point.  Pat Colgan advised the restoring of Lake Delhi will be completed in 2 phases and we will be considering Phase I this evening.  Phase I includes the current concrete structure and all the activity to the north.  Phase II will be the spillway and anything south.    Leonard said he wanted to share the bidding time line and it is as follows:

Out for Bids – Tuesday, February 4, 2014

Pre Bid Conference, Delhi, IA – Tuesday, February 18, 2014

Last Day for Written Questions from Contractors – Friday, February 21, 2014

Bids Received at County Auditors Office – 1 pm, Monday, March 3, 2014

Bids Opened at District Trustee Meeting – 1:30 pm, Monday, March 3, 2014

Bids Evaluation by Stanley Complete – Thursday, March 10, 2014

Trustees Announce Successful Bidder – Thursday, March 10, 2014

Notice to Proceed (NTP) – Thursday, March 10, 2014

Burger suspended reading of the bid package and made a motion to approve the package for Phase I construction of Lake Delhi dam, Kramer second. Individual roll call requested, all ayes, motion passed.

Gifford made motion to release the final bid package for notice to bidders, Schneider second.  Individual roll call requested, all ayes, motion passed.

Leonard explained in order for us to work in the flood plain, the county engineer needs a “Flood Plain Development permit”.  Davidson made motion to authorize Leonard as President to sign the application, Kramer second.  All ayes, motion passed.

Public comment

How many bidders will the package go out to.  Colgan advised there is a lot of interest and the package will go out to several bidders in our state and in surrounding states.  There will probably be about 8 bids that will be evaluated with contractors that have dam reconstruction specialties.

What is the estimated time table since we haven’t been able to work over the winter.  Colgan said we originally planned on awarding the contract in late November but now he is glad we didn’t because we would have had multiple weather delays.  By starting in March, we probably haven’t really lost anything. Leonard said that bids will go out and we plan to see the work started at the end of March/beginning of April.  We still have to receive the permit for Phase II and we are  working with DNR very closely.  We would like to see the bid package for phase II go out in May and June.  We still plan to complete construction this year but if we can’t finish, will have to finish in 2015 but the overall plan is to have water in 2015.

Doc Hess asked if we would delineate the difference between Phase I and Phase II and Leonard explained that Phase I is the old powerhouse and the north end of the dam and Phase II is the spillway and the south end of the dam.

Mary Kay Starks asked when we anticipate the DNR permit being received and when would we expect water.  Leonard advised best case scenario is spring of 2015 if construction goes well – that is our goal.

Dave Larson asked when the coffer dam when will go in and Leonard said we will continue to share time lines but our best guess is the first of July. 

Stender asked how long it takes before you receive a permit for sea wall work.  Leonard said it takes about 2 weeks from the Corp and then the DNR takes about another week so he estimates about a month total. Second question is when coffer dam is built and water comes up – how high will it be.  Colgan said it will be about 12-14 feet at the dam site.

Doc Hess asked why we are so confident about working with the DNR for the permit.  Leonard said we have come a long way since the initial conversations with the DNR.  The leadership of the Iowa House and Senate and the Governor are working in partnership with us so we have reason to be positive. 

Aschbrenner asked who on the board read the full bid document for Phase I and Leonard said we have had the document since October of last year and have made some changes in the insurance section and such.  We have read through the document as time has gone on.

Leonard said funding we have available for project is close to the cost estimate.  The total cost of the dam and spillway is $15.3 million plus $350,000 for public access for a total of $15,650,000.

We recently signed the 28E agreement with Delaware County which solidified their $3m bond for the spillway construction and described how we will work together to create additional public access in the Turtle Creek area.  The District transferred property to Delaware County and we will have a 50/50 share in creating an additional boat ramp, parking, restrooms and a beach in that area.  In addition, the bridge will be a taller bridge and wider bridge to allow 2 boats at one time to pass under the bridge.  Leonard said we should all thank the County Supervisors for their participation.  He then reviewed the revenue we have available which is $3m from the Supervisors, $5m from the State and $6m from our bonding and $1.7m from the pledges.  This total $15,700,000 comes to the same as the project total.  This allows no funds for dredging, however, we know there are areas that need to be dredged.  What we have raised so far is not enough funds for the full restoration of Lake Delhi.  If you as a property owner were waiting for construction to begin before donating, now is the time to fulfill a pledge.

When can we ask for dock permits as the DNR said didn’t want to give us those until we knew when the water would be back.  Leonard said we need to have conversations with the DNR to understand what the process will be.  He wanted to make sure everyone understands hard tops will not be allowed and he believes the docks will need to be anchored.

Doc Hess asked if we will now have to take our docks out and Leonard said the law clearly states that Lake Delhi can have docks and lifts that remain in the lake. 

The question was asked what the total cost of the public access was and Leonard advised it is approximately $700,000 and we are doing a 50/50 share not to exceed $350,000.

Burger motion to adjourn, Davidson second, all ayes, motion passed.  Meeting adjourned at 8:12 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, January 20, 2014 – 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.

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

Trustees absent:  Burger

Visitors: Chris Stender, Jim Locke, Dave Larson

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

Leonard opened public hearing.  Leonard asked if any trustees have received written or verbal comments as it relates to the potential of the land transfer.  No Trustees have received comments.  Leonard opened the session to public comments.   Stender asked for update on the public access work.  Leonard gave an update and reviewed the drawing and plan between the District and the  County. 

Gifford joined by phone at 6:42pm.

Leonard gave total amount of project cost which is approximately $15.3 million and the revenues are approximately $16 million and both are detailed in the 28E agreement.  This 28E agreement details the transfer of the property and the terms and conditions of the $2.999 million bond agreement.  The county will process a request for a marine tax grant to assist with the cost of some of the items of the new public access area.  Any ongoing maintenance costs will be the responsibility of the County.  Stender asked if the federal permit had been issued yet and Leonard advised they expected the Army Corp of Engineers General to sign tomorrow and we are expecting the permit by the end of the month.  With no further comments, Kramer made motion to close the public hearing. Schneider second, all ayes, motion passed.  Public hearing closed at 6:56 pm.

Leonard introduced and read Resolution 1.20.14 to enter into the 28E agreement with Delaware County.  Motion made by Schneider to approve, Davidson second.  Individual roll call requested, all ayes, motion passed.

Public commnet – Chris Stender asked if this agreement will suffice for the State funding requirements and Leonard advised yes.  Stender asked for a specific update on the next steps.  Leonard advised we are anticipating the federal permit by the end of the month and that the final bid package is being worked on.  The bid mailings will begin in early February and will be opened in early March.  We expect work to begin in the spring.  Dave Larson asked what is the estimated time frame for installation of the coffer dam and Leonard said June or July.

Jim Locke asked if the programmatic agreement was a separate issue from the permit.  Leonard explained that the agreement for signature on the agreement takes care of any outstanding issues and also explains what will be allowed for dredging going forward.  The agreement needed to be in place before the permit was given.

Davidson mentioned that it would be nice to have the ability to put a camera on the dam so the public could view construction.  Gifford confirmed we could add a web cam to the Trustee web site.

Locke asked if the District was going to start work on Phase I before we get the Phase II permit.  Leonard said it depends on timing.  The Board will continue to make decisions as to the timing and funding. Stender asked if we expected any delays as it relates to the Phase II permit and Leonard said the DNR is aware of our plans and we are working with the DNR to answer questions as well as working with them through the requirements. 

Stender said he thought the Community Fund needed to raise more funds and all agreed.

Larson asked if elevation maps were still available for dredging and Leonard said yes.  Leonard also added that we will need to prioritize our plan for dredging and it will be dependent on if we have funds. 

Locke asked if adequate soil was found from the borings taken.  When Stanley designed costs of the dam they used the soil types that they found locally.  It will be up to the contractors to deal with owners of the land that have that soil.

Motion to adjourn by Schneider and second by Davidson.  All ayes, motion passed.