The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 21, 2013 – 5:00 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 5:01 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:

Visitors: Pat Dede, Don Dede, Garlen Glanz, Dave Nebel, Connie Nebel, Eve Peter, Jerry Ries, Norm Wellman,  Jim Locke, Wanda Davidson, Larry Aschenbrenner, Bob Klima,  Brooks Ante, Ed Schmidt, Bob Galiher, Dennis Jasper, Doug Ricklefs, Margie Schneider,  Carla Becker, Anthony Bardgett, Rich Hughes, Chris Stender, Marcheta Cooey Lux.

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

 Kray requested approval of minutes for 2/21/13, 2/26/13, 2/28/13, 3/3/13, and 3/7/13.  Peter made motion to approve all 5 as presented, Schneider second.  All ayes, motion passed.

 Kramer reviewed bills for payment – L&L Consulting for $2,000;  $13,155.40 for Attorney fees; News Publication for $25.97.   Motion by Burger to approve payments as presented, second by Davidson.  All ayes, motion passed.

 Kramer covered the financial report and as of February 28, 2012 the ending balance of the General fund was $51,690.94.  The balance for the Debt Service fund at the end of January  was $147,997.12 and as of February 28, 2013 the balance is $162,748.62.  The Dam/Spillway Project fund had a balance of $5,905,063.35 as of the end of January. We received interest in February and ended with a balance of $5,907,313.74.

 Schneider spoke to contract with Darryl Hogan advising it is for storage of the work platform.  Hogan is agreeable to signing, however, the District name needs to be changed on the document.   There is no action tonight until the document is changed.

 Committee updates

Finance committee has no report.

 FEMA –Project worksheets have been completed.  We are just waiting for FEMA determination for eligible projects.

 Legislative Committee – Leonard advised that most folks have probably seen the updates on TV and in the Gazette.  Representative Hein and Senator Zumbach have been actively engaged on the top of dam issue.  We are currently going through a 5 step process for approval of a bill which will change the definition of the term ‘top of dam’ for certain circumstances in the state.  The 5 steps are a vote for approval of the bill in a House subcommittee, House of Representatives vote on the bill, a vote for approval fo the bill in a Senate committee, a vote on the bill in the Senate and finally signature by the Governor.  There should be action on the bill next week in the Senate.

 Dam Construction –  Leonard spoke for the Dam Construction group and advised that the Phase I bid documents are starting to be developed.  Stanley did the bid project and the documents have been reviewed by the County Engineer, Anthony Bardgett.  Leonard thanked Bardgett for working on the documents.  There are additional financial/insurance items that the Trustees need to work on for the remainder of the contract details.  Bob Hatala is currently reviewing for his input.  There was an update sent via email but there is still a lot of work to be done.  The Army Corps of Engineers are working closely with us to finalize the permit for Phase I and the County will need to approve as well.  Bardgett has reviewed our documents so once the Corp permit is received we shouldn’t have a long review process by the County.  The drawings for Phase II are still being worked on by Stanley Engineering and will be complete in the next month or so.  Once that is done, we can be ready to go on to Phase II.

 Property management Committee had nothing to report.

 Public Comment – Ed Schmidt asked about the law we are trying to get passed.  Would that mean that no one would have to sign new easement agreements?  Leonard said it is still to early to tell if we will need any additional easments once the law is signed.  We just received the original documents from Alliant Energy who purchased the original dam owner, Interstate Power.

 Larry Peter  suggested that folks contact their County offices for boat registration.  If someone does not intend to use their boat for the next year or two, you should check with your county office to see how that should be handled.  There is some question as to whether you will pay a penalty and the registration amount or just the penalty.  Each county may handle it differently.

 Bob Galiher asked if the bill being worked on is passed, does the DNR have to follow it?  Leonard said the DNR would have to re-write rules with new law.  This law pertains to only certain heights of dams and is specific to certain types of dams.  The language for the new law was given to DNR for commentary prior to moving it forward.

 Larry Aschenbrenner advised that Tom McGlaughlin and himself were guest bartenders at the Pizza Place again this year on St. Patrick’s Day and donated their tips to the Community Fund to Rebuild Lake Delhi.  They raised $630 for the fund and Leonard thanked them for the donation.  The new owners of the Pizza Place said they would be willing to consider another promotion for the dam.

 Jim Locke said the high water this month washed up a lift on his land in front of his house and asked  how soon the lake bed cleanup would start.  Leonanrd said Brian Hughes will be leading the effort.

 Bob Galiher asked status of the fish ladder and Leonard advised that Kray would post the variance letter on the District web site.

 Marcheta Cooey Lux said wanted to say a few words regarding the discussion in the work session to follow.  She believes we all want the lake to come back and that we need to work through our issues just as it has been done throughout the years at the lake.  By sitting at the same table to work on the issues as they did years ago when the dam was owned by the Schultzes,  should allow us to come to agreement.   She said she has watched how the Trustees conduct themselves and the residents of the lake have voted for these 7 Trustees to do what they feel is best for our community.  We cannot move forward until the dam is owned by a public entity.  Please respect the Trustee request so we can move forward.

 Bob Klima said legal issues arose at some locations on the lake and it would be good to allow the county to own the Turtle Creek area.

 Bob Galiher says he is in total agreement in the need for the transfer of the dam.  The LDRA signed the MOA (Memorandum of Agreement) and now we are dealing with issues coming along with the deeding of some of the property.  This is not an adversarial position, we just need to understand a process to accomplish the transfer.

Burger made motion to adjourn, Kramer second.  Motion passed with all ayes for adjournment at 5:40 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 7, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:33 PM at Maquoketa Valley Middle School Conference Room.

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

Visitors: Jim Locke, Pat Dede, Don Dede, Tom Cook, Marilyn Cook, Dave Larson, Gordon Anderson,  Pat Anderson, Bill Lux, Marcheta Cooey-Lux, Larry Aschenbrenner

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

Kramer advised meeting purpose is for public hearing of FY 2013/2014 budget.  Burger made motion to receive and file the publication of the budget, Schneider second.  All ayes, motion passed.

Burger made motion to open the public hearing, Peter second.  All ayes, motion passed.

Burger said budget made by financial committee and board members, Burger, Kramer and Davidson.  This budget is for next year and the committee budgeted high so the budget doesn’t have to be amended if we get to build the dam for the next fiscal year.  This budget starts July 1, 2013 and ends June 30, 2014.  Kramer said the taxes to be levied should be around $10,000 more than the estimate on the budget.   Kramer said the supplemental detail is on page 3 of the handout and advised the detail is a guestimate.  Kramer asked if comments from the public and there were none.  Burger made motion to close the public hearing, Kramer second.  All ayes, motion passed.

Burger made motion to adopt a resolution to approve the Fiscal Year budget for 2013/2014, Kramer second.  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Burger, Davidson second, motion passed.  Meeting adjourned at 6:42 pm.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Sunday, March 3, 2013 – 2:00 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 2:02 PM at Maquoketa Valley Middle School Conference Room.

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

Visitors: Eve Peter, Don & Pat Dede, Chip Hughes, Shirley Christensen, Dorothy Thomas, David Vorwald, Larry Aschbrenner, Bob Klima

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

A letter written by the Delaware County Engineer to Senator Matt McCoy was introduced by Leonard.  As a review, the  Legistlative team met with County Supervisors, County personnel and the DNR to create a revision to the District’s first adopted public access plan.  It was an opportunity for the District to work with the County in this project and this letter is a request for funding which would come from the state Rebuild Iowa Infrastructure Fund (RIIF) monies.  The County has to get something prepared as the request needs to be to Senator McCoy no later than Tuesday, March 5^th.   This letter will go before the County Supervisors in their regular board meeting on Monday, March 4, 2013.  In the work session with the County Supervisors on Thursday the issue was addressed that the transfer of the Turtle Creek property was very important to them to facilitate the public access plan.  The resolution in front of all the District Trustees is in support of the county and the transfer of said  property.

Kramer made motion to accept Resolution 3.3.13 regarding public access and funding for Delaware County, Schneider second.  Davidson voiced his concern that the resolution has restrictions on Delaware County and he is not sure he is in favor of language that puts conditions the County.  Davidson indicated that he had a conversation with Supervisor Helmrichs and she said if we couldn’t get an agreement on the public access that she would be willing to draft a letter saying the County would give us back the land.  Davidson requested the clause about adequate funding according to the district be removed from the resolution.  Peter indicated he agrees with Davidson.  Burger asked if a timeframe could be added because if the project is not completed in 3-4 years it probably won’t happen. Leonard indicated that the worksession agreement with the county supervisors last week that  it was the first time in a public setting that he heard that the Supervisors would be willing to give the property back if the public access plan is not completed.  And that this statement came from only only Supervisor.  The intention of this resolution is to assure the Supervisors that the land will come over and that it is just good stewardship to get a document between the two parties to transfer the land.

Kray indicated both sides of the argument were warranted – to transfer the property to the Supervisors but also to have some type of agreeement between us and the supervisors when we transfer the land since the District is ultimately responsible for the public access plan back to the Legislature.  She indicated that she spoke with Hatala and he said just a simple letter from the Supervisors indicating they would give the land back if the public access plan was not completed was not binding when you transfer property so she believes we need something in writing.  She proposed new language that Hatala had given her.  The language to replace the last whereas clause would read “WHEREAS, the District intends to transfer its right, title and interest in the “Turtle Creek” property in Delaware County, Iowa, for the purpose of providing public access if adequate funding as set forth in the attached request is available and the County and the District have an approved plan for the development and use of the “Turtle Creek” area.  The to be resolved language should read “BE IT FURTHER RESOLVED that the District intends to transfer “Turtle Creek” to Delaware County, Iowa,  if adequate funding as set forth in the attached request is available, and the County and the District have an approved plan for the development and use of the “Turtle Creek” area.  Before any transfer is made, the terms will be reduced to writing and approved by the County and the District. 

Burger asked if the money the County is requesting from the State doesn’t come through is this a dead issue or would we still attempt to work with the county to jointly come up with funding?  Leonard indicated the monies needed to repair the dam have increased so he didn’t believe the District would have a large amount of additional funds to utilize for a large public access plan such as is now proposed – that it would have to be smaller that what is on the table now.  Peter said he thought public access was an expectation from the Legislature from us and why would we take it out.  Peter wants to see the details of the new increased monies needed for the dam repair.  Leonard said he requested the details from Holman and would share with the Trustees when he receives it.

Kray said to Burger’s point she believed that without the state requested funds, the public access plan would look significantly different than what is currently proposed.  Burger said who approves the public access plan should also be part of the document between the County and the District.  Davidson said the Supervisors indicated money is tight in Delaware County and he is adamant that we work with the county as partners.

Burger proposed to take out “adequate funding language” in the Whereas and Be it resolved language and Kray indicated that would be fine. Burger made a motion to amend the original resolution as stated and proposed the new language in the final Whereas clause as “WHEREAS, the District intends to transfer its right, title and interest in the “Turtle Creek” property in Delaware County, Iowa, for the purpose of providing public access and the County and the District have an approved public access plan for the development and use of the “Turtle Creek” area.  And to also change the language in the To Be Resolved clause as “BE IT FURTHER RESOLVED that the District intends to transfer “Turtle Creek” to Delaware County, Iowa, and the County and the District have an approved public access plan for the development and use of the “Turtle Creek” area.  Before any transfer is made, the terms will be reduced to writing and approved by the County and the District.    Peter second Burger’s motion.  Individual roll call was requested, Burger – yes, Peter – yes, Davidson – yes, Kray – yes, Kramer – yes, Schneider – no and Leonard yes, motion passed.

Burger then made motion to approve Resolution 3.3.13 as amended, Davidson second.  Individual roll call requested, Burger – yes, Peter – yes, Davidson – yes, Kray – yes, Kramer – yes, Schneider – no and Leonard – yes.  Motion passed.

Burger made motion to adjourn, Peter second, motion passed.  Meeting adjourned at 3:11 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Thursday, February 28, 2013 – 2:00 p.m.

Delaware County Courthouse

301 E. Main Street, Room 203

Manchester, IA

The Delaware County Board of Supervisors met in work session this date at 2:00 pm with all members present.  Also present were Ed Schmidt, Garlyn Glanz, Dave Larson, Eve Peter, Mike Steuck, Jim Locke, Ken Ziegenfuss, Bob Galiher, Marcheta Cooey Lux, Bill Lux, Don Dede, Pat Dede, Norman Wellman, Lamont Davidson, Larry Peter, Bill Decker, Laurie Kramer, Steve Leonard, Anthony Bardgett, and Carla Becker.  Larry Murphy, Gary Grant and Mary Kray joined the meeting via conference call.  Jeff Madlom, Chairperson, called the meeting to order.  This was a joint work session with the Delaware County Board of Supervisors and the Combined Lake Delhi Recreational Facility and Water Quality District.

 Chairperson Madlom addressed those present to set the parameters for the meeting.  The only item on the agenda for today’s meeting is the enhancement of public access at Lake Delhi.  No public comment period will be allowed for this meeting.

Steve Leonard, President of the Board of Trustees, was given the floor.  He began by reassuring the Board of Supervisors that the Trustees are still committed to providing additional public access to Lake Delhi.  He stated that in 2011, Stanley Consultants estimated the cost of reconstruction at roughly $11.9 million.  Since then, there have been design development changes, DNR requirements, archeological studies, regulatory and design constraints, and proposed land acquisitions.  With all the requirements being placed on reconstruction, the estimated cost has risen over $2.9 million to $14.8 million.  Unfortunately, that does not leave any additional funding for the public access or lake bed restoration (dredging).

The Trustees have communicated with the DNR and State Legislators regarding the public access requirements and the lack of funding to implement them.  According to Mr. Leonard, the Trustees have been told verbally that the DNR intends to waive its day one1 requirement of additional public access due to this lack of funding.  However, the Trustees are still committed to providing additional public access.

He continued by thanking County Services Director Norm Wellman, the County Services Department, Conservation Director Garlyn Glanz, the County Conservation Board and County Engineer Anthony Bardgett for all the work they have done on the proposed plan at Turtle Creek Park.  Without them, there would be no plan.  When asked what time frame the DNR is looking at for completion of the public access, Mr. Leonard replied that he did not think they were attaching a deadline for completion.  However, this has only been verbally presented to them.  The Trustees currently have nothing in writing from the DNR waiving this requirement.

The Board members reminded those present that at a previous work session regarding county funding for this project, the Board was very clear that the land must be transferred from LDRA to the trustees and that additional public access must be created before any county monies could be used.  Since the addition of public access is very high on the Board’s list, they feel it needs to be a high priority if the Trustees wish to use county money.

Mr. Leonard stated that the Trustees agree with this.  That is why they are continuing to search for additional funding sources to make it happen.

Anthony Bardgett, Delaware County Engineer, stated that it would cost roughly $600,000 to move the roadway and install a new bridge.  However, if they wait until the water is back to begin construction, you can add at least $200,000 to this estimate.  He stated it would be ideal to complete the road and bridge construction prior to the dam being put back.  One positive thing is that the Corps of Engineers does not feel the area qualifies as a wetland and will be waiving the requirement for wetland mitigation.  He feels we could have a permit for the project soon.

Larry Murphy, Trustee Lobbyist, stated that they have met with Senator McCoy and Representative Huseman.  They would be willing to review a funding request but feel that the request should come from the county rather than the district.  The funding is through the RIIF Funds (gambling monies).  There is more latitude in the spending of these funds rather than with road use money.  Since this is considered a grant, there would be a 50/50 match.  However, the engineer’s services, land donation and on-going maintenance costs for the area would qualify for the 50% match.  Any request for dollars this year should be submitted no later than Tuesday of next week to Senator McCoy.

When asked about what form the request should be in, Mr. Leonard stated that a one or two page document would suffice.  Perhaps one page could explain the project, cost estimates and request of funds while the second page could show a picture of the project.

Chairperson Madlom asked how the county could apply for funding when they do not own all the property needed for the project.

Mr. Leonard stated that the District has a written agreement with the LDRA for the transfer of the land to the District.  He feels the Trustees would be willing to approve a resolution stating that their intent is to transfer the property in the Turtle Creek Park area over to the county for this project once the county’s plan is approved for funding.

The Board is concerned with being able to explain why they are replacing a bridge that is not posted when there are so many others in the county that are posted.  Even though this bridge has been listed and removed from the five year plan before, there are bridges in much worse shape than this one.  Mr. Leonard responded that it would have to be a business decision by the Board.  There are additional monies which may be available for this project that would not be available for a normal bridge replacement somewhere else in the county.

Even if they receive funding for this project, Mr. Bardgett pointed out that there would still be a cash shortfall that would need to be picked up by the county or the district.  Even though it would not have to be outlined in the request, this is an issue that needs addressing at some point.  Mr. Leonard felt it could possibly be a percentage cost share between the two entities.  That way as additional funds became available each entity’s responsibility would be reduced on a percentage basis.  They would just have to sit down and negotiate the percentages.

Supervisor Helmrichs felt it would be foolish to not request funding if it is available.  However, any request that is submitted by the county needs to be credible and realistic both short term and long term.  She stated that the county could also look at other funding streams to help fund any shortfalls.

Both Chairperson Madlom and Supervisor Ries were concerned with the fact that the transfer between the LDRA and the District has not taken place yet.

It was suggested that the County and the District form a committee to put together a draft request that could be considered by the Board at Monday’s meeting.  Mr. Leonard suggested one Board of Supervisor member, one or two Trustees and Mr. Bardgett could work up a draft for the two entities to consider.  Supervisor Helmrichs volunteered on behalf of the Board.

Larry Murphy and Gary Grant stated that the important things to put in the request were as follows:

1. Description of the Proposed Project
2. Importance of the Project to the District and to the County
3. The Estimated Cost of the Project
4. What they are requesting of the State (Funding % etc.)

The group agreed to meet at 8:00 am on Friday to work on the draft.

Chairperson Madlom adjourned the meeting at 3:15 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Tuesday, February 26, 2013 – 6:30 p.m.

Heritage Bank 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 6:32 PM at Heritage Bank Conference Room.

Trustees present: Leonard,  Peter, Burger and Kray by phone

Trustees absent:  Schneider, Kramer, Davidson

Visitors: Larry Aschenbrenner, Dwayne Donels, Ed Schmidt, Steve Crowley, Dave Larson, Chris Stender, Bob Klima, Dan Reyner, Randy Rattenborg, Marcheta Cooey Lux, Bill Lux, Jason Vorwald, Chip Hughes, David Vorwald, Dave Fry and Ken Kray by phone.

Work session was opened by Leonard and he asked Bill Holman to give review of the request to identify dredging sites.  Holman explained our permit from the Corp of Engineers requires a Cultural Resource Investigation which makes sure we won’t damage historic or archeologic areas.  We did the archeology study on the lake bed and submitted our report to the Corp of Engineers and then the Corp referred the report to the State Historical and Preservation Organization (SHPO).  The exercise tonight is to identify the areas where we might want to remove/dredge sand and sediment now and in the future.  The Corp and SHPO want to make sure we won’t affect any areas where they have a concern.  We need to show and prove to the Corp that when we dredge we will stay within the areas of where the lake was originally created and we won’t dig into terraces deeper than the original lake bed.  We need to put a dredging plan together and then it will be included in the Memoradum of Agreement with the Corp.

Holman explained there are maps on the table that all will look at.  Kray asked Holman to explain how the maps were created.  Holman said when the lake was emptied the state did a fly over with radar and created Lidar data which shows what the terrain was like after the flood.  Stanley then took this data and put it in their model that compared the Lidar data with what the normal pool level of the lake would be.  These maps now show how deep the lake will be once the dam is rebuilt.

The attendees then reviewed all sections of the lake and gave their input.  Peter made motion to adjourn and Leonard second, motion passed.  The work session was adjourned at 7:40 pm.