The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, November 21, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:32 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Ed Schmidt, Don Dede, Pat Dede, John Carbaugh, Pauletta Carbaugh, Keith Schulte, Jim Locke, Dan Reyner, Dave Larson, Pat Colgan, Larry Aschenbrenner, Diane Bauers, Chip Hughes, Tom Cook, Marilyn Cook, Randy Rattenborg, Maggie Burger by phone, Sara Millhouse from the Dyersville Commercial.

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

Kray requested approval of minutes for the 10/17/13, 10/30/13 work session and 10/30/13 special meeting and 11/13/13 meetings.   Kramer made motion to approve, Schneider second. All ayes, motion passed.

Kramer requested approval of payments as follows for the general fund: Alliant Energy – $21.24; L&L Consulting – $2,000.00; Simmons Perrine Moyer Bergmann – $216.00.  She also asked for approval of payments for the bond fund: Delaware County Abstract – $695.00; Simmons Perrine Moyer Bergmann – $3,248.50; Stanley Consultants for Engineering – $7,701.00; Stanley Consultants for FEMA – $1,869. Motion to approve all payments as presented by Davidson, second by Schneider.  Schneider asked if there was any way to reduce the cost for L&L Consulting and not pay monthly if we are not using them. Leonard said they are working on a property tax issue and drafting language for a revised bill so they are engaged.  Kramer advised the board that a request for bond payment has been sent to Delaware County for $125,306.25 as the board already approved the county to make the automatic payments for us.  All ayes, motion passed. 

Kramer reviewed budget reports as of 10/31/2013.  The General Fund had a starting balance of $133,532.45 and after receipts and expenses has a balance of $140,086.28.  The Debt Service Fund had a beginning balance of $227,704.82 and after receipts has an ending balance of $266,296.61.  The Dam/Spillway Fund has a beginning balance of $5,723,979.64 and after an interest payment and expenses ends with a balance of $5,619,642.86.  Motion to file financial reports as presented by Burger, Schneider second.  All ayes, motion passed.

Kramer introduced the request for payment to the LDRA.  The details of the payment are as follows: the land transfer required a payment of a $1, the board also agreed to make a payment of $2500 after the transfer was completed and less half the closing costs as the LDRA agreed (total closing costs were $1,917.00 per Hektoen).  Motion to approve payment to LDRA for $1,542.50 made by Kray, second by Gifford.  All ayes, motion passed.

Maggie Burger of Speer Financial Inc. explained she earlier sent the Trustees the compliance procedures for tax exempt bonds.  About 18 mos ago, the IRS posted regulations for compliance of tax exempt bonds.  Because the District is able to issue tax exempt bonds we must have compliance procedures in place.  This relates to bonds the District has already issued and also any future bonds we may issue. Dorsey and Whitney (our bond attorneys) prepared the resolution adopting tax compliance procedures and this needs to be done by December 31, 2013.  Maggie Burger reviewed all rules that must be followed with the Trustees.  Leonard then read Resolution 11.21.13. Motion made by Schneider to approve, second by Davidson.  Leonard asked Maggie Burger who files this document and M. Burger advised Dorsey and Whitney will file the original with the IRS, the District should keep a copy and give a copy to the Delaware County Auditor. Individual roll call requested, all ayes, motion passed.  Maggie Burger left the meeting.

Pat Colgan discussed the Engineering Services during construction provided by Stanley Engineering.  Colgan explained the Contractor is responsible for details and specs of the construction.  The Field Engineer will review submittals for payment, make sure the work is compliant with the specifications and quality of work and will approve items for payment.   This Engineer will review change conditions and will provide clarification to try to resolve issues and the agreement also provides for an engineer to be here full time during construction.  The Dam Construction committee will play a role but not in a contractural matter – they cannot direct the work. Bill Holman is the Project Manager and he will come out to the site once a month for a management/review meeting.  Colgan sees the Field Engineer as a very critical position as they will do the day to day log keeping.  If there are ever any issues, these are the records we would go back to for verification.  The Field Engineer will mark up drawings as to what was actually built.  The estimate for this work over the whole project is $250,000 to $300,000 and is about 2-3% of overall cost of the project (normally it is 6-8% of the project cost).  If approved a supplemental agreement would be written between Stanley Engineering and the Trustees.   Colgan recommends putting the supplemental agreement in place.  He also advised the cost for this position has been included in the project scope projections.  Kramer made motion to ask for supplemental agreement, Davidson second. Burger asked Colgan when this person would begin and Colgan advised the Field Engineer will start as soon as we begin construction and be here every day during construction.  All ayes, motion passed.

Leonard asked Burger to discuss recording secretary position and Burger indicated he wants to make a motion to refer the job description of this position to the Budget/Finance committee.  Kray said there was a job description presented at the last meeting and why wouldn’t we move forward with that.  Burger advised there were members of the board that have issue with this position so he would like to forward it to the committee and have additional eyes look at the description. Burger made motion to refer this to the Budget/Finance committee and bring this back to the December meeting, Schneider second.  All ayes, motion passed.

Leonard presented the findings by the committee that reviewed alternate public access options and locations.  In our discussions with the Delaware County Supervisors, the focus has been on the Turtle Creek area but the committee wanted to see if there were any other viable alternatives before finalizing an agreement with the County.  The criteria used was that access to the public area could not be via a private drive.  The committee came up with a list of 8 possible options and looked at the financial estimates and the pros and cons of each option.  The options are 1 – previous Peck property, 2 – SW of Hartwick Bridge, 3 – Turtle Creek property with no bridge, 4 – Lost Beach area, 5 – Baileys Ford area, 6 – Turtle Creek plan currently under discussion with the County, 7 – Turtle Creek property with no new bridge but ramp in the cove, 8 – NE of Hartwick Bridge.  Gifford asked if there was a second choice from the Option 6 and Kray feels isn’t really a better option than 6 and Kramer and Leonard believe Option 7 would be an alternative.  Gifford asked what was the biggest drawback to the area down by the dam that the District currently owns.  Leonard feels that utilizing that area for public access would limit our flexibility for work around the dam, it may cause some construction constrictions and also could be an issue with safety since it is right next to the spillway.  There is also a need for a Portage area around the dam in the 28E agreement and that area would most likely be used for that purpose. Davidson said Option 6 is a big benefit with easily accessible restroom facilities for all parties on the lake and it only makes sense to create the public access at that location.  Schneider said the County has already put in a lot of money for study and engineering work and he believes Option 6 is the right choice.  Leonard said if we move forward with Option 6 will need to determine costs and how to move forward with the County.  He also noted the County agrees the work would be done by completion of the dam and spillway because it will cost $200,000 more if the water is back before completion of the bridge.  Kray advised the County has asked that 4 items be completed by 1/17/14 so a marine tax grant can be requested by 1/31/14 for the construction of some of the items of the public access.  The 4 items are property transfer to the County, 28E agreement is complete between the District and the County, a budget for the project be in place and a design be agreed to by both parties.   Leonard asked for a motion to approve option 6 as the best selection for public access to move forward with in partnership with the County assuming an agreeable cost share agreement with the District and County.  Motion was made by Davidson, Schneider second. All ayes, motion passed.  Leonard advised this discussion took care of both Item 10 and 11 on the agenda.

Committee Updates

Finance –  committee hasn’t met for awhile.  The District has received $473 from ICAP  as an anniversary contribution.  Burger said ICAP distributes the payments annually and it is based on the whole pool of customers.

FEMA – Leonard said our FEMA Chief Financial Officer, Dave Fry has notified him that his professional schedule is very busy and he won’t be able to complete the close out of the monitoring report.  Fry has advised Leonard that the time and investment will be significant for this project.  The District did go out for an RFP approximately a year ago that requested professional help with FEMA responses. Leonard advised he had a discussion recently with the parties that were recommended for hire from the RFP.  Leonard wanted to thank Fry for what he has done so far.  Leonard said there is someone else on the lake that may volunteer for this work but wants to meet with Fry first to understand what is required before he moves forward.  There are approximately 27 notebooks full of information on the 2008 flood event and it will take countless hours to work through the process. 

Dam Construction/Timeline –  Leonard advised the government shutdown had a significant impact on timing for the federal permit.  The Corp of Engineers is currently waiting for one more party which is the advisory board to give comment.  The Army Corp of Engineers is the final decision making authority regarding the permit. Colgan said we need the federal permit to begin Phase I and   Phase II design is done and has been distributed to the DNR.   Burger asked when are they going to hear from the federal advisory board.  Leonard said no one can make them respond but he is anticipating a response any day now.

State – County Legislative – Leonard said the lobbyists are engaged in FEMA details and are working with Homeland Security.  They are also preparing a bill change to clarify the tax laws as it pertains to our district. 

Property Management – Gifford advised a lot of work has been done on tree/weed mitigation just north of the bridge down to the dam.  He is still tracking some spots of debris and will continue to work those locations. 

Davidson advised demolition of the Peck property and Rocky Nook properties that we now own is scheduled to be done by the end of the year.

Burger asked if it was time for the board to go back to the administrative FEMA RFP and hire a company to assist so we don’t burn out another volunteer.  He also asked if in Leonard’s discussion, did he ask if the companies would  still hold to their quote.  Leonard said their quote referred to the 2010 FEMA request so he does need to verify that the quote would remain the same for assistance with the 2008 event report.  Schneider said he spoke with Fry and he indicated that we need an expert and not a volunteer.  Burger suggested we put this item on the next agenda.  Burger asked that the responses should be scanned and sent to all Trustees.

Public comment – Larry Peter asked about monitoring report and if the items on that report have to be satisfied before we can receive state monies and move ahead with construction.  Leonard said the State money is not contingent on the monitoring report and should not impact permits for construction.  Colgan said these are totally separate things and there is no connection between the 2 items. 

Ed Schmidt said when the County Engineer first drew the plan, the new road went through the cove and is that still the case.  Leonard said yes that is still the plan but the road is just moved back a little bit.

Jim Locke asked if the County looked at the base of the cove and are they sure they can put the bridge in.  Leonard said borings are planned for that area but they haven’t been done yet.  John Carbaugh asked how they will get rid of the extra dirt and Colgan advised they will use it in the  dike construction.

Pauletta Carbaugh said the board discussed items of values of $300,000 and more tonight but why is it taking debate for so long on hiring a recording secretary for about only 10 hours per month.  Leonard said the roles and responsibilities are going to be looked at by the Committee.  Carbaugh said the board always discusses and approves large portions of money so this shouldn’t need so much discussion. Kramer said we need to define the role and what is ideal and most cost effective. 

Dave Larson said he wanted to confirm construction won’t start until January and when would we see a coffer dam.  Colgan said it probably would be more like May or June of 2014 when the coffer dam will be ready.

Chip Hughes was surprised that Lost Beach was considered as an option for local access.  He wanted the public to know that he was not contacted and that the members of the committee had never been on the property as far as he knew so he did not feel the research would have been accurate.  Hughes hopes the numbers used on the other options had more research done to justify them.  Leonard advised that the real estate listing was used and the other estimates of all other public amenities were used identically in each option and this was just a best guess at this time to allow the district trustees an opportunity to determine which public access option they want to focus on for public access for now and in the future .  Hughes said we probably passed on a chance for a public contribution because you never asked.

Larry Aschbrenner asked if the state will be satisfied with one additional public access site as he didn’t want to see additional set backs. Leonard said the state requirement was to submit a public access plan and they didn’t have specifications for us.  Aschbrenner asked if we have considered asking the Supervisors to draw a letter to see if the permit can be expedited as he feels it is to the benefit of the County to get this area back to benefit the County economy.  Leonard said each stake holder of this project have their own processes they have to work through.  Leonard applauded the Supervisors as they approved the bond for the spillway at $2,999,999.00 at their meeting on Monday. 

Leonard spoke again to Hughes about the public access options and said we had to put the options together in a short period of time but tried to get as close to estimates as possible.  Public information is what was used for the estimates of the property evaluations.  Hughes said a 30 minute phone call would have produced more accurate information.

Keith Schulte said he thought we were ready to go out for bids in October and is the delay caused because we don’t have the federal permit.  He asked if the District has a high degree of confidence that the bids for construction will come in at the estimates we have.  Colgan said Stanley Engineering works with contractors in the midwest and their estimation is based on experience.   Schulte then asked if the financing is roughly in place or is there a gap that we will need to fill.  Leonard said we anticipate a very tight budget and we believe we have most of what we need based on the funds that are currently pledged and that we already have in place.

Eve Peter asked if the property negotiations are done and is that acquisition contingent on the federal permit.  Also, is the board going to spend money before we acquire that property.  Leonard said we would most likely move forward once we get the federal permit.  

Motion to adjourn by Schneider, second by Kramer, all ayes, motion passed. Meeting adjourned at 8:25 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Wednesday, November 13, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 8:13 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Diane Bauers

The agenda was reviewed by Leonard. Motion made by Davidson to approve agenda, Gifford second, all ayes, motion passed.

Public comment – Larry Peter indicated he thought he heard that $200,000 or more was available to the County for the state marine tax grant. Kray said the $200,000 was the total amount in the fund but there will be other cities and counties requesting from that fund as well.

Diane Bauer said the bridge has been in the County 5 year plan for a long time and feels that it is the County’s responsibility to fund that. Davidson added that he has been happy with reaction of all the Supervisors and the DNR personnel during our meetings regarding public access.

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 land and Dam per Iowa Code Section 21.5 (1) (j) by Gifford, Kramer second.  Individual roll call requested, all ayes, motion passed.

After closed session, motion to adjourn by Gifford, Kramer second.  All ayes, motion passed.  Meeting adjourned at 8:54 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Wednesday, November 13, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The work session 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, Kray, Schneider, Gifford and Burger by phone

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Jim Willey, Diane Bauers, Larry Aschenbrenner, Marcheta Cooey

 Leonard asked for approval to open the session and a motion was received by Kramer and seconded by Davidson.  All ayes, motion passed.

 Leonard said wanted the work session to work on the following 3 items:

• Review the 28 E agreement with the Delaware County Supervisors and garner any additional input

• Explain the discussions regarding the Turtle Creek project, the estimated cost and firm up Trustee thoughts on a cost share agreement between us and the county

• Review the property lines of the Turtle Creek property and be ready to act on transfer of the property to the county at our next meeting

Leonard introduced the 28E agreement and he explained that the Supervisors and the District had a public work session on October 30, 2013 to work through issues on the document.  On page 1 in the last Whereas section, the Supervisors clarified that instead of ‘dam and spillway’ they want the language to only read ‘spillway’ and they ask that wherever that reference is in the document to change that wording as well.   Burger asked what is the cost of the spillway and Leonard said he is working with Bill Holman to get the final numbers.  Kray asked that the numbers be detailed so we can make a comparison from our previous document from Stanley Consultants. The actual definition of the project in Section 3 is important.

 Kray said in Section 4, the duration of the project needed to be defined as well.

 Leonard then reviewed Section 5.2 and said the District felt the 30 days may be too short of a time frame.  It was discussed and agreed that since the District would be paying the invoices in full first and then asking for reimbursement from the County, that the language should be changed to “within 45 days of the District’s payment of such invoice”.

 Jim Willey apologized for interrupting but he needed to leave and wanted the District to comment on the news article regarding Lake Delhi in the Telegraph Herald.  Leonard indicated that the District is working in cooperation with the Supervisors.  As we have worked through some of the issues, there seems to be a difference of opinion among the Supervisors.  Shirley Helmrich has  put an item on their agenda for Monday that will define the specific amount the board will bond for Lake Delhi.  We are optimistic the amount will be for the full $2,999,999.00.

 Leonard then continued with the 28E agreement review.  The District has issues with this section as it refers to funding from FEMA.  We have disengaged from FEMA on the 2010 event but still have ongoing dialogue with FEMA regarding the 2008 flooding event.  The Supervisors will confirm with their bond counsel that since we have disengaged from FEMA for the 2010 event, we can eliminate this section.  In Section 5.4, the District asked for flexibility because drawings may change and the County agreed.

 Section 6 covers the conditions for the funds to be granted and specifically deals with public access.  In Section 6.2 it addresses property that would be transferred.  Leonard said the area had been surveyed by the County and he is talking to our counsel regarding the frontage.  The county would like to see a warranty deed for the property if transferred.  Section 6.4.2 asks that the District have financing for the project and we the District asked what it needs for proof.  The Supervisors indicated they would check with their bond counsel.

 Section 9 discusses insurance and asks that the project be insured during and following completion.  The District has issues with ‘following’ as the cost could be prohibitive.  Larry Murphy attended the joint work session and made the point that most cities and counties don’t insure structures such as these.  The Supervisors will go back to their bond counsel for clarification and a rewrite.

 Section 10 regards Indemnifications and based on other changes in the document, the Supervisor’s bond counsel will review the current verbiage.

 Section 11.1 will have the term U.S. Mail changed to certified mail.

 Section 12.1.2 addresses failure of timely progress and the Supervisors indicated they would get clarification.  Section 12.2.2 addresses transfer of property and the District wants to clarify that we would be allowed to transfer the property to a public entity.  The last item addressed was the signage page and the County Board President should be changed to Board Chairman.  The Delaware County Bond Counsel is addressing the above issues and a final draft will be given to us and we can then give our feedback.

 Gifford asked if Section 6 indicates specifics of where the public access is located and Leonard advised no, it is just the area that has been under discussion.  Burger made request that in Section 14, mediation be added as an option for dispute resolution.  Leonard indicated he would relay that requested change to the Supervisors.  Leonard said if any other changes, please notify him by Friday.  Gifford then asked why the Supervisors only want to pay for the spillway and Leonard explained that his understanding was the Supervisors wanted to financially support the spillway which is the part of the project that mitigates flooding.

The costs of the public access project were detailed as follows:

Boat Ramp – $26,125

Parking – $16,500

Restrooms (2 & must be ADA compliant) – $36,000

Beach – $6,000

Fish Access – $8,500

Silt Catch Basin – $36,000

Courtesy Dock – $8,000

Total of Amentities – $137,125

Bridge and Road – $506,878.00 (Bridge only is about $200,000)

Total Estimated Project Cost of Amenities, Road, Bridge  $644,000

There is a possibility that there would be available grant money from the State Marine Tax Fund to cover approximately $68,000 of the amenities.  These grant monies require a local match of 25%.

 Leonard shared what he understood from each County Supervisor opinion as it relates to the percentage of the total project that the County would financially support:  Jeff Madlom has mentioned 50% County/ 50% Lake District.  Shirley Helmrichs has mentioned two different figures. 50%/50% and 25% County/75% Lake District.  Jerry Reis has stated he believes the Lake District should pay 100%.

 Davidson and Gifford asked why the bridge is being replaced.  There was much discussion around the costs and what portion the Trustees felt should be paid by the District.

 Kray made motion to adjourn the work session, Kramer second.  All ayes, motion passed.  Work session adjourned at 8:11 p.m.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, October 30, 2013 – 10:00 a.m.

Delaware County Supervisor’s Office

Manchester, IA

The meeting of the joint work session with the Delaware County Supervisors and the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Supervisor Madlom at 10:00 AM at the Delaware County Supervisor’s Office in Manchester, IA.

Trustees present: Leonard,  Kramer, Davidson and Kray

Trustees absent:  Schneider, Burger, Gifford

Supervisors present: Madlom, Helmrichs, Ries

Visitors: Eve Peter, Larry Peter, Bill Lux, Larry Murphy, Anthony Bardgett, Carla Becker, Garlin Glantz, John Bernau and 1 member of the press

Meeting was opened by Chairperson Madlom. Steve Leonard, President of the Lake Delhi Combined Recreational Facility and Water Quality District Board of Trustees, began the discussion by thanking the Board for scheduling this meeting.  He assumed that the common goal between the two (2) entities was to negotiate the terms and conditions to be outlined in the draft 28E Agreement.  With that said, the group began to work through the draft 28E Agreement page by page. 

 Page 1

The Board of Supervisors has issues with the verbiage in the sixth (6^th) paragraph which references the restoration and improvement of the dam and spillway.  Supervisor Helmrichs spoke on behalf of the Board when she stated that they feel strongly that the county’s participation in the project should be limited to the expenses associated with the spillway.  That portion of the project is what will protect the residents and property owners from future flooding.  The County Auditor will identify all areas throughout the agreement which reference dam and spillway and change them to be spillway related only.

Page 2

Mr. Leonard asked for clarification as to what the Board considered to be the project.  Section 3 defines the project and sets an expected total cost.  He feels that perhaps they should work through the rest of the agreement and allow the project scope to develop during the process.

Section 4 deals with the duration of the project.  Supervisor Ries stated that he was the one who wanted an end date to the agreement.  However, he feels the agreement could be renewed.

Section 5 addresses the financing of the project.  In Section 5.2, the District is asked to submit to the County invoices within one month of the District’s receipt of such invoice.  Mr. Leonard feels that this may be too short of a timeframe for the District.  It was discussed that since the County will be reimbursing the District for claims that the District has already paid, perhaps this should be changed to say “within 45 days of the District’s payment of such invoice.” 

This section also states that the County will only reimburse 50% of each invoice approved within 30 days of receipt of such invoice.  Since the scope of the spillway phase of the project is estimated to be over $7 million, the 50% cost share should not be a problem.

 The District expressed concerns with having Section 5.3 in the document.  Said section limits the County’s obligation if any federal funds are received by the District before, during or after construction which could be used for dam and spillway restoration or construction.  Mr. Leonard summarized the District’s history with FEMA on the 2010 project which ended with the District withdrawing its application for FEMA assistance for the 2010 flood event.  However, there is still ongoing dialogue with FEMA regarding the 2008 flood event which could result in potential funding on 2008 losses.  The County Auditor will check with the county’s bonding attorney as to the need for this section now that the District has disengaged from FEMA for the 2010 flood event.

 Page 3

Section 6 on page three (3) talks about the District’s obligations as a pre-requisite to receiving county funding for the project.  Section 6.1 addresses the types of public access which the District would be required to construct as follows:

6.1.1 One or more boat ramps

6.1.2 Portage trail around dam and spillway

6.1.3 One or more beaches with parking and restrooms

6.1.4 Fees associated with public amenities

Mr. Leonard stated that the District is focusing mostly on the Turtle Creek cove area for the most immediate increase in public access. They have also looked at other areas but see anything else as more “in the future” as additional funding becomes available.  It is the intention of the District to transfer the parcel at Turtle Creek cove to the County. 

 At this point, County Engineer Anthony Bardgett and Supervisor Ries presented a map depicting a potential strategy for increasing public access in the Turtle Creek cove area which was created by Craig Davis, Assistant to the Engineer.  The plan would be to replace the current bridge structure and raise it slightly to allow more boats to pass under (additional two (2) feet of clearance).  All road banks would be stabilized and a boat ramp established on the southeast side of the cove.  Ample parking for truck and trailer would be created in the area along with ADA compliant restroom facilities.  The cost of replacing the bridge, stabilizing the roadway and creating the boat ramp is estimated at just under $600,000.  A public beach area could also be established along the west side of the cove adjacent to Turtle Creek Park. 

 Any improvements to this area should be completed prior to the water coming back.  This could save up to $200,000 of additional costs for the project.  There is a marine fuel tax grant which could help pay for the boat ramp, parking and bathroom facilities.  The grant application would be filed by the property owner with a 25% local match.  The application would also need to be accompanied by engineered plans outlining the project.

Conservation Director Garlyn Glanz stated that if the county were to take ownership of the Turtle Creek cove property, he would need prior approval from the Conservation Board before moving forward with the grant application.  In addition to the bridge replacement and roadway stabilization, the project would also require excavation to a depth of five (5) feet for boat ramp and docks, timber harvest, excavation and regrading of land on east side of cove for parking spaces.  If a beach were to be placed on the west side of the cove, excavation and regarding would also be required. 

Mr. Bardgett added that if water is expected back in the fall of 2014, then bid lettings should be held yet this winter for the access project.  He feels if bids were taken this winter, they should be able to complete construction before the water is back next fall. 

 Supervisor Helmrichs stated that she feels that the cost of the public access needs to be shared between the two (2) entities.  However, she also feels the bridge and roadway improvements should be done at the expense of the county.  Supervisor Madlom stated he was thinking more in line with a 50/50 cost sharing. 

Supervisor Ries did not completely agree with either of the other two (2) board members.  It is his feeling that the District needs to increase public access or they should lose the county’s funding (up to $2,999,999).  In the 600 page report filed by the District’s engineers, there is $600,000 set aside for public access.

Supervisor Helmrichs added that the project needs to continue to move forward in a positive manner and that all possibilities need to be looked at.

Steve Leonard recommended that the public access conversion continue with an additional work session in the near future.  The District would form a sub-committee to attend these sessions.  Also in attendance should be the three (3) Board members, Mike Stike (DNR), Dan Kirby (DNR), Anthony Bardgett, Garlyn Glanz and Gary Grant (District lobbyist).

 In Section 6.1.4 the agreement discusses the fees charged for use of the new public access.  The County Auditor will have Mark Cory review the verbiage in this section to see if still relevant since the property will be owned by the County.  Also, if marine fuel tax grant monies are utilized, they would be prohibited from ever charging for the use of property.  She will also have Mr. Cory review Section 6.2 to see if the language can be simplified due to the unique nature of lake frontage property.

 Supervisor Helmrichs also asked to have added as a condition that all state, federal and local laws and ordinances be met and permits in place. This stipulation was outlined in the July 3^rd meeting of the Board of Supervisors.

 Page 4

The District asked for clarification of Section 6.4.2. It was thought that the section was in the agreement to make certain that the district had sufficient funding to complete the entire project from start to finish.  However, the county will clarify this with Mr. Cory.

Section 8 addresses the ongoing maintenance of the project and public amenities.  Since the county will most likely have ownership of the Turtle Creek cove area, it was thought this section should be rewritten to address this.  If county owned, any ongoing maintenance of public amenities at the Turtle Creek cove would be the County’s responsibility.

Section 9 addressed insurance coverage for the project.  The verbiage actually states during and following construction.  Mr. Leonard stated that they will have the construction phases fully insured. However, to fully insure the dam and spillway after construction would be cost prohibitive.  This would be no different than the County being required to fully insure all roads and bridges within the county.

The Board will have Mr. Cory review and rewrite for clarification.

Page 5

Section 10 addresses indemnifications.  The group would like Mark Cory to review the wording due to other changes in the document.

Page 6

Section 11.1 – The District would like the reference to US Mail in line two (2) on page 6 to be changed to certified mail.

 Section 12.1.2 – The District is wondering why this section is included; are there any underlying issues?  It was stated that the county feels the section was included to make certain that the District does not drag their feet in completing the project once county dollars are included.  However, they will check with Mark Cory for clarification.

Section 12.2.2 – They would like this section changed to reference the transfer of the District’s interest in the project or public amenities to someone other than another public entity.  The District intends to transfer ownership of the Turtle Creek cove area over to the county and does not want that transfer to default the agreement.

Page 9

Name of District needs to be changed to Lake Delhi Combined Recreational Facility and Water Quality District.  Also, the titles at the bottom of the page should read Board Chairperson and County Auditor.

Page 10

The titles in the acknowledgment should be changed to Board Chairperson and County Auditor.

 As a final note, the District Trustees updated the Board on the lake bed cleanup efforts.  Last weekend they cleaned up the bed between the Hartwick Lake Club and the dam.  Main effort was to remove the trees which had grown up in the lake bed.  ATI Global, a business located in Delhi, donated brush equipment at no charge.  They also took the time to educate volunteers on the usage of the equipment. 

Conservation Director Garlyn Glanz stated that any transfer of property to the county should be transferred in the name of Delaware County with the Delaware County Conservation Board in charge of ongoing maintenance. He also stated that a date should be set soon to continue the discussion on the proposed public access.

 County Attorney John Bernau stated that the County would not take title to any property which had encumbrances attached.  It was felt by the District that only the dam parcel was subject to liens or other filings.

 There being no further business before the Board, the work session was closed at 11:23 a.m.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, October 17, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:30 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Davidson, Kray, and Gifford 

Trustees absent:  Schneider, Burger

Visitors: Jim Locke, Larry Peter, Ed Schmidt, Don Dede, Pat Dede, Sue Christiansen, Lou Christiansen, John Carbaugh, Pauletta Carbaugh, Shirley Christensen, Dorothy Thomas, Chris Stender, Ken DeKlotz, Barb DeKlotz, Marcheta Cooey Lux, Bill Lux, Pat Colgan, Chloe Colgan, Jen Colgan, Larry Aschenbrenner, Dave Larson, Diane Bauers, Dennis Woods

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

Kray requested approval of minutes for the 9/12/13 and 9/17/13 meetings.  Kramer made motion to approve, Davidson second. All ayes, motion passed.

Kramer reviewed payments for the General Fund – Alliant Energy for $21.44; L&L Consulting for $2,000.00 and Simmons Perrine (Attorney) for $1,395.47.  Kramer also detailed payments for the Bond Fund – Delaware County Abstract for $475.00 and Simmons Perrine (Attorney) for $1,536.49.  Motion to approve all payments as presented by Kray, second by Gifford.  Davidson said may want to consider changing the L&L Consulting work to part time since the legislature is not in session.  Kramer said they are working on a property tax issue and drafting language for a revised bill so they are already engaged. Leonard said is annual contract but we could have that dialogue. Davidson said just questioning expenditure and it is something to consider.  All ayes, motion passed. 

Kramer reviewed budget reports as of 9/30/2013.  The General Fund had a starting balance of $113,351.04 and after receipts and expenses has a balance of $133,532.45.  The Debt Service Fund had a beginning balance of $78,116.76 and after receipts has an ending balance of $237,704.82.  The Dam/Spillway Fund has a beginning balance of $5,719,137.73 and after an interest payment ends with a balance of $5,723,979.64.  Motion to file financial reports as presented by Davidson, Gifford second.  All ayes, motion passed.

Kramer discussed the demolition of properties quote from Randy Harbach and Gudenkauf Tiling and Excavating to tear down the old Peck property and what is left from the 2 properties purchased in the Rocky Nook area.  We originally tabled this action because an asbestos inspection was required.  We received a report from EMSI advising no asbestos was found at the old Peck property.  Kramer contacted the DNR regarding the 2 properties in the Rocky Nook area and has documentation advising we did not have to do an asbestos inspection at those properties because they were single family residences.  The quote from Harbach is $5950 and the quote from Gudenkauf is $6800.  Per Kramer we can go ahead and accept a bid proposal and move forward.  Kramer make motion to approve quote from Randy Harbach for $5950, Davidson second.  Gifford asked if we are sure both companies are quoting the same thing and Kramer said yes.  All ayes, motion passed.

Kray discussed the insurance levels for the bid documents.  At our last meeting we agreed to see what the ICAP recommendations were, vote via email and then authorize the decision at this meeting.  The recommendations that we accepted were a $2,000,000 underlying limit plus a $3,000,000 umbrella limit for a total of $5,000,000.  Kray made motion to approve levels, Gifford second. All ayes, motion passed.

Kray discussed possibly hiring a Recording Secretary for the District. She indicated it would give her the ability to participate more in the meetings and to also have someone with community administrative knowledge that would make sure we follow all procedures correctly. In addition, with time we could utilize this same individual for financial work to give Kramer some help as well.  Kray also noted that Kramer contacted the County Auditor and her advice was to check our attorney to confirm we could hire this individual.  Kray made motion to table decision for hire, Kramer second.  Leonard indicated he is concerned about spending the monies to hire while we have a a tight budget and that all Trustees have to contribute volunteer hours.  Kray reiterated that the reason for the hire was for better participation, better administrative control and noted the cost would be minimal (approximately $200/mo depending on agreement with new hire).  All ayes, motion passed to table issue.

Kray and Gifford detailed the meeting with DNR, County Sanitarian and the District regarding the Septic/Well inventory completed by most District residents.  Kray had 2 large posters that she explained to the attendees.  These documents put the results of the survey into 1 – visual view of those with septics and 2- visual view of wells and the closeness of the wells to leach lines.  Both Kray and Gifford explained that the DNR and the County see this as a long term project and a continuous improvement process.  During the winter months the DNR and the County Sanitarian will go over all the data and use local knowledge to determine a list of residences that need to be inspected based on the list of non-responsive and non-permitted properties. There was also some discussion about having an open house in the Spring of 2014 to provide more detail to the District property owners.

Committee Updates

Finance – Kramer said the committee will be considering a second meeting to approve bills but it has not been confirmed yet.

FEMA –  Leonard said there was a team meeting in Des Moines about 3 weeks ago to go through  the 2008 flood event to outline next steps. The District signed an agreement with Stanley to assist with this effort and this will be helpful in going through the issues regarding sole source contracts and percentage base contracts as we need to understand what should have been paid and what was paid.   Dave Fry will be the lead for us in this effort. 

Dam Construction/Timeline – Leonard said the Federal Government shutdown slowed us down in our permit process that we require to begin work on Phase I.  The agreement was sent over prior to the shutdown but SHPO had been running on a skeletal crew but it seems we will still be looking at 30 days as it relates to the permit. 

Colgan said at the last meeting we talked about going out for bids. Everything changed because of the delay in the federal permit.  We may be able to award phase I in early January and Phase II needs to start in late March.  We can still work through winter because the work will be demolition and then concrete.   

State/County Legislative – now that the land transfer from the LDRA is filed and should be complete by tomorrow, we are beginning conversations with the County Supervisors as it relates to a work session with Trustees and the Supervisors to outline our next discussion on bonds.  We are also engaged in an appeal process to confirm that the District is tax exempt.   The language in the 357E code is not clear so we have engaged the lobbyists to fix the current bill. 

Property Management – lake bed preparation is the big focus from the Hartwick bridge to the dam as we get prepared for water and it needs to be done this fall.  A lot of property owners have been grooming their lake bed but there are pockets of areas that need a lot of work on debris removal and weed and tree mitigation.  There was educational information provided in the last Voice.  Once an area is covered with water, the trees won’t grow but they need to be cut otherwise the tree will remain there and cause a boating hazard.  This committee can organize resources like ATI who have offered their equipment as a donation. We need property owners to step up and communicate what their needs are or they will be contacted.  We are finding some debris so we will need to do more debris removal and the need varies by area.  Davidson said burning may be appropriate in some areas.  Gifford has detailed the problem tree areas and has started to have conversations with those folks.  LDRA has $2500 from Rockwell to be used for lake bed clean up.  Need to have legitimate documentation to justify the expenditures.  Locke will confirm with Brian Hughes that we have agreement that these funds can be used for weed removal. 

Water Quality – Kray advised the team has had their last meeting for the year. There are no remaining shoreline grants available.  The team also determined what areas would have water testing in the Spring.

Public comment- Jim Locke asked if we now have the documents to record the land transfer.  Leonard  said the County Recorder has had them for 10 days and worked on areas that needed improvement.  There is now an agreement that all is clean and the documents are being filed. 

Larry Aschenbrenner asked to what extent can the lake bed be cleaned up. The debris is unbelievable and some of the debris is buried.  Larry is going to take milk jugs and mark items that are in the lake bed. 

Larry Peter asked if paper is finalized on the property transfer and is the abstract and title review completed where you pick up the existing easements.  Leonard said there were easements that were granted to us.  Leonard said Hektoen (our real estate attorney) is confirming that all easements have been transferred to the district.  Peter asked if there are concerns about Modern Hydro and the contract with the LDRA some time ago.  The LDRA solicited a cancellation from Modern Hydro and received no response and the LDRA attorney has justified that this was the process that needed to be done.  The contracts have been canceled and Modern Hydro hasn’t responded. Colgan said Modern Hydro’s FERC license for our dam was for five years and that timeframe has expired. 

Dennis Wood asked if the perpetual easements for the First family on the south side of dam will be honored.  Leonard advised nothing changes because we inherited whatever was there.  Peter reminded the board of docks by the Peck property that belong to Pam Hargrafen and that they should not be destroyed during the demolition.

Motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for the purposes of restoring the lake and dam by Davidson, second by Kray. Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Gifford, second by Kramer, all ayes, motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, September 19, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:30 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  N/A

Visitors: Greg Bandfield, Larry Peter, Clark Gochenour, Nancy Gochenour, Jerry Ries, Tom Cook, Marilyn Cook, Barb DeKlotz, David Larson, Diane Bauers, Lou Christiansen, Sue Christiansen, Marcheta Cooey Lux, Bill Lux, Bill Hughes, Bonnie Hughes, Bob Galiher, Lola Galiher, Doug Ricklefs, Nancy Ricklefs, Jim Willey, Pat Colgan, Chloe Colgan, Carol Stachura, John Hess

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

Kray requested approval of minutes for the 8/15/13, 8/28/13 and 9/5/13 meetings.   Burger made motion to approve, Kramer second. All ayes, motion passed.

Kramer covered billings requiring approval for payment.  Payments for the General Fund are Alliant Energy – $19.07; ICAP (Insurance Liability Coverage) – $3,657.00; L&L Consulting (Lobbyist) – $2,000.00; Simmons Perrine Moyer Bergman (Attorney) – $4,802.14 for a total of $10,478.21.  Payments for the Bond Fund are Simmons Perrine Moyer Bergman (Attorney) – $149.86; Delaware County Abstract – $388.00; Stanley Engineering – $93,817.33; Stanley Enginnering (FEMA) – $12,765.90 for a total of $107,121.09.  Burger  made motion to approve  all payments as presented, Schneider second.  Individual roll call requested, all ayes, motion passed. 

Kramer indicated the beginning balance of the General fund as of August 31, 2013 is $20,018.85 and an ending balance of $113,351.04.  The transfer of monies from the bond fund took place this month.  That transfer is due to the attorney fees paid from the general fund that should have been paid from the bond fund.  The Dam Spillway fund had a beginning balance of $5,702,101.03 with an ending balance of $5,719,137.73 as we received some DNR reimbursement monies this month.  Burger made motion to receive and file the financial report, Davidson second.  All ayes, motion passed.

Leonard said in a previous meeting the board approved the agreement with the LDRA, DCCI and the District based on mediation concerning the lien by DCCI.  The agreement stated that the payment to DCCI would be for a total of $30,000, the District paying $25,000 and the LDRA paying $5,000.  In addition, upon completion of the property transfer to the district, the district will pay $2,500 back to the LDRA. Burger made motion  to make a payment of $25,000 to DCCI now and $2,500 to the LDRA when the transfer of property is complete, Kramer second. Individual roll call requested, all ayes, motion passed. 

Burger discussed the insurance levels for the construction bids and advised Stanley will no longer recommend levels for the contracts due to legal reasons.  Burger did research with insurance companies, ICAP and other sources and the majority of the recommendations were for the District to carry an insurance level at $1,000,000 and a $5,000,000 umbrella policy.  He does have the question with a liability carrier right now and they will give recommendations. Burger asked Bill Holman to give him the information on the last dam that Stanley worked on.  We will also name the county and state as additionally insured on the policies. Once all of the information is accumulated, Burger will email  the details out to the board for email approval.  Colgan  said we have to complement what we already have and whatever levels we come up with, the contractor will cover in his bid.  Burger said that builder’s risk insurance is in the specs that Bill Holman sent out and it asks the contractor to provide builder’s risk insurance, however, Burger is also asking ICAP for a quote on this type of insurance.  Kray asked Colgan if it was his opinion that the district should pay for builder’s risk insurance. Colgan said a contract is a risk and that risk should be assigned to the best party that can take it.    Burger said Cardinal Construction in Waterloo usually does the builder’s risk insurance.  Colgan said we need to make sure the risk is covered and it is only for one year. Burger made a motion to table the insurance issue for this evening and take action on the insurance amounts via email before Thursday, September 26^th, but authorize the action at the next board meeting   Davidson second, all ayes, motion passed.

Colgan began discussion regarding the bid documents by saying the construction is routine but there is always risk and if things go well we will be done by November of next year.  Our risk is weather and the contractor.  Colgan would like to get as many as possible involved and for the next 12 months lets just focus on getting the lake back because it will take all of our collective efforts to get it done.  The good news is the cost estimate is $4.4 million for phase 1.  There are 6 good capable contractors that are interested in this work.  We will have open bidding which allows the bid documents to hit national exchanges and newspapers so other contractors besides these 6 can place a proposal.  The documents are pretty strict as the contractor and superintendent has to have experience in this kind of work.  The contractor will pick the vendors but he will be the overall responsible party for the work.  Our Stanley engineer will be our field representative and full time field support to make sure of quality and that things get done according to design.   The engineer will verify quantity and quality and will recommend to us how to pay. The Dam Construction committee is diverse and has a lot of ideas and we will use their expertise.  The contractor will read through the first 7 pages of the ‘instructions to bidders’ document and decide if they are interested in the project which for Phase I is focused on mechanical and electrical.  Davidson asked if we will make our decision on price?  Colgan said will evaluate based on low bid, but evaluated bid.  If all the bids are equal, we will go with the low bid.  Colgan further explained how the bid process will work.  We will decide what day and time the bids need to be returned.  The District will then take the sealed bids from the court house to the conference room at the bank and as soon as we get there, we will open the bids.  We will note the name of the contractor’s name, the amount bid and then Stanley will immediately go into the evaluation phase which will take one week.  After Stanley’s evaluation, the board will vote to accept a bid.  The clock starts with the contractor on the ‘notice to proceed’ date which we are currently looking at possibly November 4^th. If we have issues with the permits and/or construction easements and we are not ready, there could be an owner caused delay.  Colgan would prefer to avoid that so the District can’t be accused of the contractor falling behind on his schedule.  Colgan feels good about the permits and the easements, however we just need to be cautious. After awarding the contract, we will have an all day administrative meeting with the successful contractor.  Each month we will have a progress meeting and we expect the contractor to be organized because he is the main contact for us.  Stanley Engineering will act as a consultant for us on the build and make sure the work is done. 

Leonard indicated we need the insurance numbers and the bid dates to move forward.  The first type of work that will be done on the bid is to order the gates and other equipment needed, however, we could say the field work won’t start until December 4^th for example.  We can also do addendums to the contract during the bid period up to the last week before the letting date (for example we could change the start date).    Colgan said most of the work this year is removal of debris and forming up, etc.  Colgan said Larry Peter will help a lot because he is here and will be his eyes and ears.  

Colgan also said the Army Corp of Engineers and SHPO might be changing to a programmatic  agreement and may have more items for us to work out. There is a new director at SHPO and we are having a conference call with them on Monday and will know more then and see if there are further delays.  

Burger made motion to accept the complete bid package, Kramer second.  All ayes, motion passed.

Burger made motion to authorize the board to send out the bid on Phase I to rebuild the Lake Delhi Dam with Colgan being the lead on establishing the dates, Davidson second.  Davidson said we are relying heavily on Colgan’s opinion and his help is greatly appreciated.  Colgan said stepping into unknown and is exciting.  All ayes, motion passed.

Kramer discussed the possibility of purchasing a fire proof filing cabinet because of the need to file abstracts just received.  Kramer went to the old LDRA office and there is a fire proof cabinet so she indicated we can table this for now.  Burger said we received the equipment in the property transfer but they maintain old records and we may need to purchase some new filing cabinets.  Colgan said will be important to keep records.  Kramer made motion to table, Burger second.  All ayes, motion passed.

Leonard reviewed committee assignments and the majority of the committees will stay the same.  Colgan said there is a pre-construction meeting within 2 weeks of notice to proceed with the contractor and the Finance Committee should come to that meeting and possibly Carla Becker, the County Auditor.  This meeting will discuss how the money is to flow and then there will be progress meetings bi-weekly. 

Dam Construction Committee roles and responsibilities were put in writing by Colgan to explain what will be done what the committee won’t do. Colgan read his member’s names and their expertise and said he was very happy with the variety of background we have. 

Colgan said once the concrete is done in Phase I, the coffer dam will be installed and the river will rise about 20 feet down by the dam. This means all debris and tree removal is the most critical thing to be done this fall.  Kramer said ATI is going to volunteer to assist by allowing us the use of equipment they would like to test.

The timing and number of meetings was discussed as there is a a lot of work to be done and it may be beneficial for us to meet on a more frequent basis.  Kramer said another  issue is with our approval of payments and when we get that approval to the County to pay the bills.   We would need to have our meeting on the first Tuesday of the month to approve the claims.  Burger said maybe the Finance Committee should approve in their meetings and then send them to Carla earlier and then the full board would approve the payments. Kramer said her concern is when the construction bills come in it will be important to be timely.  Burger said he has an issue with meeting 2 nights a month and would rather have special meetings when we need to meet.  Kramer said to table this issue and she will speak with the County Auditor again. 

Committee update – FEMA – there is a meeting set up with FEMA and Homeland Security on October 1^st to go over the 2008 issues.  Legislative committee – met with the County Supervisors at their regular meeting and gave an update of our withdrawal from FEMA.  The MOA with the LDRA has been signed and the deed is prepared and in the hands of the LDRA attorney.  Property Management Committee has nothing to update.

Public comment – Bob Galiher advised the Water Quality committee is going to meet on September 28^th at 9am at the Heritage Bank in Delhi. 

Jack Hess said there were old records at  the old LDRA building and he feels it is important to keep those records for historical reasons.  Hess also said he is anxious for the lake bed management information as they are waiting to be told what to do.

Nancy Gochenour asked where does the different monies come from and Leonard explained they are from the state, our bond and general fund (which is the 4% tax).  The debt service fund is to pay down the bond so it shows the tax collected and is more of a monies in and monies out account. 

Bill Lux asked Colgan what will be the interaction between Stanley and the contractor if the work being done is subpar.  Colgan advised he will have a say in that and to enforce the contract.  He will be depending on the construction committee to go out and see those things. That is one reason it is imperative that we get a good contractor.

Burger made motion to adjourn, Davidson second.  All ayes, motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, September 12, 2013 – 1:15 pm.

UNI Business and Community Services Building

8120 Jennings Drive

Cedar Falls, 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 1:15 pm at the UNI Business and Community Services Building in Cedar Falls, IA.

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

Trustees absent: 

Visitors: Larry Peter, Pat Colgan

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

Supplemental Agreement #20 was reviewed by Leonard.  One criteria between District and Army Corp of Engineers is to give documentation of the powerhouse.  This agreement outlines the level of service required by the Corp.  Gifford  said we have to get this done in order to get our federal permit.   Appendix B of the agreement gives details of what is required.   The biggest item is at the end and the second to last bullet point which requires1200 copies of the publication that will be produced for the documentation.  Gifford said it is a ‘not to exceed’ contract so he thinks it is a little high but we should be okay.  Gifford asked for a second quote and another firm was a little lower in price couldn’t get the work done in our time frame.  Louis Berger has committed to a 9/25/13 date.  Motion to approve Supplemental Agreement #20 by Kramer, second by Burger.   Davidson said there is some work already out on the Internet but this work has to be done by an approved company by the United States of America and the Historical Society so we can’t do this ourselves.   Individual roll call requested, all ayes, motion passed. 

Motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for the purpose of restoring the lake and Dam per Iowa Code Section 21.5 (j) by Kray, Burger second.  Individual roll call request all ayes, motion passed.

Kray made a motion to adjourn, Burger second, all ayes, motion passed. Meeting adjourned at 1:45 pm.

There was a brief recess and then Burger made motion to go into a work session for planning purposes, Gifford second.  All ayes, motion passed.  Randy Pilkington joined the group as he is the leader of our session for planning purposes.

Lake Delhi Trustees

Short-term Plan for 2013-14

Communications, Public Relations and Education

Goal: Improve ongoing communications among Trustees and between committees and Trustees

Actions:

• Provide all documents needing board approval to Trustee at least 48 hours prior to vote.  If possible, allow more time or send as soon as available.
• Send regular updates via email of progress or actions and cc all board members (phone calls are a suitable substitute when more appropriate)
• Keep email updates brief, using bullet-point style reports of the high points. If uncertain the update needs to be sent, better to send.
• Share committee reports and actions – with an “alert” when critical or time sensitive information is included.  Committee chair or assignee is responsible for providing updates to Trustees.  Appoint someone on each committee to keep minutes.
• Include non-trustees in communications if they are performing key tasks for the Trustees.
• Assess committee membership and responsibilities and provide more details about the committee purpose if needed.
• Consider more frequent Trustees meetings if more timely decisions need to occur – twice monthly was suggested.

Goal: Increase public relations activities to inform and educate lake property owners of progress and timelines

Actions:

• Send out the Lake Delhi VOICE newsletter once each month
• Prepare and send mid-month updates as needed – shorter and news-focused updates
• Respond to public comments made at the Trustee meetings.  Review the request and provide a response if the question has a simple response.  If the inquiry takes some research or consideration, put on next month’s agenda (if action is needed).
• Use the Lake Delhi VOICE to recruit additional committee members.

Dam Reconstruction

Goal: Rebuild the Lake Delhi dam by fall of 2014 (extensive plan was detailed by Todd and can be shared with all Trustees).  Plan includes the following action items to be monitored by the Construction Committee

Actions:

• Property acquisition
• Operation of Dam
• Permitting- Stanley lead- work with Corp of Engineers and DNR
• Regulatory- legal (easement, flood rights, EMP)
• Phase I bid
• Phase I const.
• Phase II bid
• Phase II const.
• Misc.
• Water Quality
• Wording on construction contracts
• Regular communication of construction progress to all Trustees

Lake Bed Restoration

Goal: Complete lake bed restoration in conjunction with reconstruction of dam and construction of spillway

Actions:

• Establish formal committee to address lake bed restoration by spring of 2014
• Develop an approach to remediate weeds and tree growth by the summer of 2014
• Plan for debris removal in the summer of 2014
• Formalize dredge plan requirement within 30 days (by middle of October, 2013)

Finance and Operations (Finance Committee)

Goal: Formalize operations and payment criteria

Actions:

• Meet with DNR and Stanley consultants for updates and timelines (ongoing)
• Learn about reimbursement – are there special forms required by Delaware County?
• Determine the timing for processing payments
• Consider hiring a part-time recording secretary in the near term at approximately $300/month.  Person hired should have experience in public finance
• Work with FEMA on dredge debt
• Refocus lobbying activities

Goal: Develop a detailed master budget for the Trustees by November, 2014

Actions:  Budget should include:

• Operations of the Trustees
• Dam construction
• Public access plan
• Lake bed restoration
• Lobbying efforts

Public Access

Goal: Continue to work with Delaware County Board of Supervisors on the public access plan

Actions:

• Public access has been part of State and Local Government Committee – consider repurposing committee or forming a new committee
• Prepare a public access plan for approval by Trustees by the spring of 2014 to include:

• Turtle Creek access, beach, bridge, etc.
• Portage for kayaks and canoes at the dam

Water Quality Committee and District

Goal: Financially support the important role of the Water Quality Committee

Actions:

• Continue testing water quality
• Outline guideline and monitor shoreline protection during construction projects
• Provide mini-grants for septic system improvements