The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, September 5, 2013 – 7:00 pm.

Heritage Bank Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 7:00 pm at the Heritage Bank Conference Room.

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

Trustees absent: 

Visitors: Bob Galiher, Lola Galiher, Bill Hughes, Bonnie Hughes, Don Dede, Diane Bauers, Maxine Schultz, John Carbaugh, Pauletta Carbaugh, Paulette Sands, Paul Sands, Nancy Koprucki Peterson, Jean Vance, Jo Ann Mottet, Marcheta Cooey Lux, Bill Lux, Bill Havertape, Larry Peter, Eve Peter, Ken Kray, Larry Sloan, Ed Schmidt, Pat Colgan, Larry Aschenbrenner, Tom McLaughlin, Lou Christiansen, Sue Christiansen, Dwayne Donels, Barb DeKlotz, Ken DeKlotz, Pat Dede, Dave McCarville, Bob Milne, Jean Milne, Dave Kretz

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

 Leonard asked for motion to approve the 3^rd Amendment to the Memorandum of Agreement between the District and the LDRA.  Schneider made motion to approve and Burger second.  Kramer said this document was not exactly what she had hoped for because it does not give the District enough flexibility.  However, she was happy to hear Rich Hughes, President of the LDRA, say they would move quickly on any of our requests.  Davidson said he got on the board for 2 reasons, one to get the lake back and two to make sure nothing happens to the assets of the lake.  He would just like to get this done.  Leonard said it has been a long road for all of us and both organizations have made mistakes along the way.  We all could have communicated better along the way.  He commended the LDRA for signing the document this evening.  Individual roll call taken, all ayes, motion passed.

 Leonard also wanted all to know that he just received a check from Lea Ann Smith at GNB Bank in Manchester.  The bank allows employees and patrons to contribute to community funds and over the last month, contributions amounted to $93.  We thank GNB for its contributions.

 Public Comment – the question was asked as to what was in the 3^rd Amendment to the MOA.  Leonard explained that the document contained the terms and conditions for all of the properties to be transferred except the dredge site because there were some further real estate issues that needed to be dealt with.  

 The next question was what is the status of the construction and Pat Colgan advised that our letter was received by FEMA and they have verbally told the Army Corps of Engineers that they are releasing their lead federal agency status and that the Corps should take over as lead agency.  Colgan, Gifford and Leonard had a meeting with the Army Corps of Engineers last week and the Corp is moving forward with next steps for our federal permit.  A draft memorandum of agreement between us and the Corp will be sent to SHPPO (State Historical and Preservation Group) and they have 30 days to respond. After that item is completed then the County will need to give us approval and they have said they can turn that around in about 1 day. We would then be issued our federal permit.  Gifford indicated that he is creating a time line of each task that needs to be completed and Bill Holman from Stanley Engineering is doing the same for all construction items.

 Colgan said that are plan is to award the contract in October.  There is a lot of work to do before then but that is the goal.  The coffer dam would then be built in April 2014.  If you have property below Hartwick Bridge you could have up to 15 to 20 ft. of water in April. Our 2 biggest risks in construction is weather and the contractor themselves.

 Gifford reminded folks that if they have not received the “Delhi Voice” in the last few days, they are not on the Trustee email list.  Please send an email to lakedelhitrustees@lakedelhi.org and request your email address to be put on the list if you are not receiving communication from us.

 Barb DeKlotz asked if we have enough money to build.  Leonard said we have $3 million from the County, $5 million from the State, $6 million in our bond and $1.7 million in pledges which is $14.7 million.  We will know more as the bids come back but we feel we have enough for the dam.  However, we have dredging and possible other obligations like public access that we need to address as well.  So we will be requesting that more folks that have not yet donated to consider doing so.

 Bob Galiher suggested that we put the necessary information in the Voice so people will know what to do to get rid of the trees.  Leonard advised the DNR information is on the web site.  Davidson said now is the time to work on getting rid of the trees and help our neighbors to get the job done.    Brian Hughes said if we can get plans together he can coordinate as he did with the river bed cleanup. 

 Larry Peter asked Pat Colgan if the lead time for the gates will be an issue.  Colgan said they have the longest lead time and we will need 6-8 months for lead time.  Gifford said the spreadsheet will keep track of these kinds of items so we can keep them on our radar screen.  Leonard said he wanted to thank those who have volunteered for the dam construction committee in advance because they will have a lot of work to do. 

 Brian Hughes asked if we have taken a risk assessment as to whether the lake will come back.  Leonard said we have to bring the lake back, there is no alternative.  Hughes then asked if we should order the gates now and Colgan said no, we want to have the contractor order so they are responsible.  Leonard said we will be using mostly public money so it is essential that we follow correct procurement procedures.

Ken DeKlotz asked if we are working on augmentation of the Hartwick bridge.  Leonard advised at this time our priority is to get the water back.  Once we do that, we can start looking at our scientific information we have gathered to see what can be done about the bridge.  Colgan also said the water that we saw in May is just from the natural bends in the river.  There was no dam to impede the flow.

 Doc Hess said he believes we should sent out an email with instructions on how to get rid of the weeds and make sure everyone knows it is a top priority.

 Dwayne Donels said we are very fortunate to have Pat and he wants everyone to know that concrete was his business and he knows concrete can be worked with throughout the winter.

 Lola Galiher said would like to commend those who are creating the “Delhi Voice” as she feels it is very important to have a section about the good things people are doing on the lake.  There is a lot going on and it gives us the opportunity to thank people.

 Barb DeKlotz said she would still like to see the financial reports available to the public at each monthly Trustee meeting.

 Dave Kretz thanked the Trustees for all we are doing.

 Burger made a motion to adjourn, Davidson second, all ayes, motion passed. Meeting adjourned at 7:54 pm.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, August 28, 2013 – 6:00 p.m.

Maquoketa Valley School Auditorium

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 6:02 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Burger

Visitors:  Sign in sheet provided

Agenda reviewed by Leonard.  Leonard asked the board that when a motion is made to approve the agenda he would like item 3 and 4 to be reversed and to allow public comment during #3 regarding the disengagement of FEMA.  Schneider made motion to approve agenda as Leonard requested, Davidson second.   All ayes, motion passed.

Leonard advised Burger was here but received emergency phone call as his mother is ill.

Leonard introduced FEMA team which consists of himself, Gary Grant, Larry Murphy, Pat Colgan, Dave Fry, Bob Hatala, Bill Holman, Bruce Schneider, Todd Gifford, and previously Laurie Kramer.  He gave thanks to all of them for all of their hard work.

The FEMA committee had a presentation that was then covered.  Leonard gave review of events that got us to where we are today with FEMA status and assistance.  Colgan then gave information regarding FEMA being the lead agency once they became involved.  He gave what the steps will be moving forward with FEMA which would include public hearings, environmental assessment which could take 1-2 years and then an environmental impact study which could be 3-5 years.  Gifford then covered the financial impacts to delaying rebuild.  He also explained costs could be higher with FEMA involvement and we wouldn’t know if or how much money would be offered by FEMA until the environmental assessment (explained by Colgan) is complete.

Colgan then explained if we disengage from FEMA, the Army Corps of Engineers would become the lead federal agency again and could then issue our federal permit.  Colgan believes we could go out for bids this fall and begin work on the powerhouse before the end of the year.  That would then allow us to begin work on the spillway in the spring of 2014.

Dave Fry spoke then regarding the 2008 monitoring report from FEMA and that we will need to continue that work to resolve those issues.

Leonard advised the public that he had discussions with the County Supervisors.  They wanted to share that they feel we should move forward and shouldn’t wait.  They also expressed they have been working with FEMA on some property demolitions and have been waiting 2 years for the funds and have now been told they won’t be reimbursed and have to appeal that decision.  They have confirmed their full support.

Gary Grant then advised he and Larry Murphy have spent quite a bit of time discussing the last conversation with FEMA with people in Des Moines and Washington, DC.  He indicated that the Governor, Senator Grassley, Representative Braley, our local state representative Lee Hein and our state senator Dan Zumbach, the majority leaders  were disappointed that we couldn’t reach an agreement with FEMA but not disappointed with us.  They all understand the decision we need to make as a community.  The involvement of all our political leaders has been astounding.    They are delighted that some progress will now be made.

Leonard then read the letter that will be sent to FEMA on Thursday if the board approves the action.    After reading, Leonard opened it up to Public Comment.

Rick Reysack was first to speak and gave comment at how river is about family.  He spoke with his family and they decided to do without Christmas if we have to go forward without FEMA money.  He donated a check this evening.

Dave Kretz asked if the letter will impact the LDRA debt.  There was a clarification and that he was asking about the 2008 issues with FEMA.  Dave Fry advised that what we do with FEMA on the 2010 event should not impact the 2008 issues with FEMA.

Bob Galiher asked if we still have a chance for the monies from 2008.  He also stated he was concerned that if still looking for 2008 help should we disengage from 2010.  Leonard advised we are not asking to get rid of our eligible status, we are just asking to disengage from our application for the 2010 event.  Gary Grant said the team spent quite a bit of time drafting the letter and making sure we were comfortable with the tone of the letter.  It was written and reworked but it was important to describe why this action took place to not only FEMA but a wider audience who will read the letter.

Donna Kunde who is the Board of Director of the Maquoketa Valley School Board spoke and advised we still have the support of the school system and it has not changed.  The lake coming back will benefit us all when they are able to reduce the levy to each property owner.

Ed Schmidt said pretty much in favor but asked if down the road something happens will FEMA be an issue an not willing to help.  Colgan said  all we are doing is withdrawing the application requesting assistance for the 2010 work.  He does not believe it will affect anything because we are being professional in our requests.

Doc Hess said he believes we should get on with bringing the water back.

Doug Herman works for the city of Monticello and worked with FEMA for quite some time.  They have encountered issues with reimbursement and understand our position and believes the right answer is to disengage from FEMA.  He also said that project costs will go up based on rules and regulations that FEMA has.

Jim Stepanek asked if by submitting the letter will they allow us to disengage.  Leonard said the question is what will FEMA do but the way the letter is written is that we are taking our application off the table.  Leonard said they have talked with Corp and they are ready to move forward with the federal permit.  Grant said FEMA can’t force you to apply for assistance.  FEMA cannot stop the taxing district from taking these steps.

Chris Stender said we elected these people to make these decisions and that he hopes we make the decision he wants us to which is to move forward.

No further public comment.  Leonard asked the board to accept the letter and Schneider made the motion and Davidson second.  Kray said the most important words she heard was ‘control our own destiny’.  She reflected back to the purchase of the dam and the when we needed to raise money and advised she would vote for disengaging from FEMA.  Individual roll call requested, all ayes, motion passed.  An electronic vote was taken after the meeting and Burger voted in favor of forwarding the letter to FEMA.

Colgan explained the drawings from Stanley Engineering for Phase I and Phase II.  It includes the operating model, the emergency action plan, etc.  Holman from Stanley and Colgan have reviewed them.  Kramer made motion to initiate process to forward drawings for permitting application to the DNR, Schneider second.  All ayes, motion passed.

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, August 7, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:

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

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

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

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

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

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

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

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

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

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

Kramer left the meeting at 7:54pm

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

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

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

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

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

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

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