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.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, February 21, 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 6:34 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Schneider

Visitors: Brooks Ante, John Carbaugh, Pauletta Carbaugh, Todd Boone, Dave Larson, Eve Peter, Larry Aschenbrenner, Jim Locke, Pat Dede, Don Dede, Todd Gifford, Dwayne Donels and Dave Fry by phone.

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

Kray requested approval of minutes for 1/17/13, 2/7/13 and 2/12/13.  Kramer made motion to approve all 3 as presented, Peter second.  All ayes, motion passed.

Kramer reviewed bills for payment – County Auditor for $78 for checks written for the District; ICAP for $3,700; L&L Consulting for $2,000;  $5,760 for the Attorney.  Burger spoke with ICAP regarding the lifting equipment insurance which the above bill is for and asked if after we start repairing the dam, could we get a rebate.  ICAP has agreed that once the lifting equipment is part of the dam, they would negotiate a rebate on this policy.  Motion by Kramer to approve payments as presented, second by Davidson.  All ayes, motion passed.

Kramer covered the financial report and advised the Financial committee discussed how to handle this report in the future but will continue to use this format for now.   As of December 31, 2012 the ending balance of the General fund was $61,225.02.  After expenses and revenue from the county, the balance as of the end of January is $58,366.50. The balance for the Debt Service fund at the end of January is $147,997.12 and the January 31, 2013 ending balance for  the Dam/Spillway Project fund is $5,905,063.35.   Burger made a motion to accept financial report, Davidson second.  All ayes, motion passed.

Committee updates

Finance committee hasn’t met since budget was presented and have nothing to report at this time until the budget hearing.

FEMA – Dave Fry said he has been working with Homeland Security to give information requested to submit project worksheets to FEMA.  These worksheets have been prepared and submitted to the administrative group in Kansas City for their review process.  Dave hasn’t heard anything for a couple of weeks but he will be following up shortly for status.

Wastewater Inventory update – Todd Gifford has been working with Kray and Leonard on the wastewater inventory.  Gifford has taken a lot of time to put the data together in a master spreadsheet from all the forms that have been returned.  Gifford said the master database and our commitment to the DNR is to compile the inventory.  There are 1360 parcels on the lake owned by approximately 860 property owners.  We have received about 460 responses back so we have a little over a 50% return rate.  Davidson asked where the information goes once it is compiled.  Leonard indicated that it will go to Delaware County and then the county will share with the DNR.  Gifford indicated it is our job to do a best effort in accumulating the data.

Legislative update – the Legislative Committee/Team was busy preparing for a DNR meeting on Monday.  They are working through a number of projects still outstanding with the DNR.  Steve Leonard, Bruce Schneider, Bill Holman and Pat Colgan gave Director Gipp an update on the wastewater inventory.  They informed the Director that the initial sample mailing produced a  90% return and that the remainder of the mailing was sent out.  The Director was pleased with our response and he indicated that septic systems in the all of the state of Iowa will be getting attention.  The Public Access plan was submitted to the DNR and we have received acknowledgement of the plan and their willingness to continue to work with us.

The Fish ladder was discussed as we have sent several communications to the DNR in writing and verbally.  The team came away with the feeling the the DNR listened to our engineering and environmental arguments.  We are optimistic we will come to an agreement in the very near future.   We have yet to receive any funding from last year’s appropriation from the Legislature but we have responded to the DNR request for a contract.  We have nothing confirmed in writing yet but got the sense that we will start seeing the DNR working with us to make available the funds in the near future that will help the District to pay Stanley’s current bills. The DNR also confirmed with us that there is no permit required for Phase I and gave us letters to that fact.  Once the Army Corp of Engineers gives us our permit and Delaware County issues their permit we can begin Phase I.  The Corp has to work with 3^rd party organizations for their review process.  The 3^rd parties have a time frame for comment and that is what we are waiting on now.  We may have a couple of other sites for mitigation but we will understand that in the very near future.   The Trustees need to discuss where dreding will take place so we understand where we think dredging should be done and understand the areas of concern for mitigation so not to interfere with them as we formulate our dredging plans.  Kramer asked how long SHPO (one of the 3^rd party organizations) will take and Leonard said the issues are ironed out on the Memorandum of Agreement between the District and the Corp.  There is just one piece left and that should be submitted in the next couple of weeks and then SHPO will have 30 days to re-evaluate.  The top of dam and easement issues were discussed and the team feels this is the last large issue to work through and that we have work that still needs to be done.

Dam Construction –  Pat Colgan recapped that a year ago we received approval for the money from the Legislature and by March 12^th of last year the DNR agreed with our design.  As Leonard discussed the issues we have to remember that has taken 11 months.  The project is divided into 2 projects – Phase I and Phase II.  We are expecting the Army Corp of Engineer’s permit probably in April.  Until we get that permit in hand, we can’t move forward with physical work, however the drawings and specs have been completed for a long time.  Colgan is now working on general conditions for the contracts and met with the County Engineer this week as we will follow county procedures.  This is the business end of the contract and should be done by mid March.  By the end of March we will ask Trustees to move forward with bids.  Stanley Engineering is currently working on phase II  and completion of all drawings and then will submit to the DNR.  Once we receive the permit from the DNR, we are free to do all the work.  Burger asked why don’t we use the 2005 dredge plan and submit that.  Colgan said that dredge plan is not comprehensive enough.  It won’t be that hard to complete a current dredge plan since we don’t have water in the lake bed and we have a great map.  It is very importatn to do a comprehensive plan.  Leoanrd said Stanley put a good map together to show all of the  sand and siltation.

Property management Committee had nothing to report.

Public comment – Larry Aschenbrenner said last time we did dredging in 2005 we only went down 5 feet.  He asked if we can dredge deeper.  Colgan said there is no limit to remove siltation so there isn’t a  limit of 5 ft.  We will not be allowed to take soil below the sediment.  Leonard said the cost of the dam repair has gone up significantly based on requirements by Governmental agencies and there will most likely be very few dollars left for dredging.  Property owners can’t do any personal dredging until the Corp permit is complete.  Burger added that cost was the reason the LDRA only went down 5 feet on the dredging.

Jim Locke asked if the flood plain rights is  part of the Corp permit and Colgan said it is not included in Phase I, but that will be required before we receive the DNR permit that enables Phase II.  Locke also stated that there was a boat by the LDRA office and does anyone know where it is – no one had information on it.  Locke also asked if the Trustees care if he salvages the title on the work platform?  Kray asked if Dave Fry is okay with doing that considering we are trying to reimbursed by FEMA for the work platform.  Fry said there is an outstanding worksheet on FEMA so be careful.  Kray said thought salvage would be an issue if there was a worksheet existing.  Don Dede said if salvage car, you can repair it and then retitle it.

Dave Larson wanted us to know that he worked with Dennis Lyons on the wastewater inventory on his own property and several in his neighborhood.  Dennis Lyons expressed appreciation for that as he likes working on several properties in a neighborhood if possible..

Peter made motion to adjourn, Kramer second.  Motion passed with all ayes for adjournment at 7:26 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, February 12, 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 6:30 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent: N/A

Visitors: Jim Locke, Dave Larson, Jim Aschenbrenner,

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

Kramer explained that we received a billing from ICAP.  Invoice for insuring lifting equipment down at the dam which is the actuator and super structure for $3,700.  Burger moved to table billing until next meeting, Peter second.   The insurance shows an effective date of 10/5/12 and dated 11/21/12 but Kramer just received billing a week ago.

Hatala gave review of a discussion last week with Carla Becker.  He advised 2 parcels of property are included in the legal description in the MOA and shouldn’t be  Becker wants to clean up the legal description . The LDRA doesn’t own those parcels so they can’t transfer them and the 2 parcels are also outside of the district.  Those 2 parcels should be removed from the legal description to clean that up.  It is admininstrative work.

Kramer made motion to go into closed session for discussion and consideration of the terms, strategy and negotiations for the acquisition of interests in real estate for the purpose of restoring the lake and dam.  This is pursuant to Iowa Code Section 21.5 (1)(j).  Second by Schneider.   Burger confirmed had been approved by Hatala and he advised yes.  Individual roll call requested, all ayes, motion passed.

After closed session, the Trustees came back into regular session. Schneider made motion to go into closed session for discussion and consideration of the imminent litigation filed by David Fink.  This closed session is pursuant to Iowa Code Section 21.5(1)(c).  Hatala confirmed that the closed session was authorized under Iowa Code. Second by Davidson.  Individual roll call requested, all ayes, motion passed.

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, February 7, 2013 – 5:30 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 5:30 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Schneider, Burger

Visitors: Jim Locke, Dave Larson

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

Kramer advised Financial Committee has met several times and worked through the budget that has been shared with the Trustees this evening.  Kramer briefly reviewed elements of the budget.  She also explained that the budget overall total is the number that needs to be met.  If certain buckets do not meet their budgeted number that is acceptable as long as the overall total number is not exceeded.

Motion to set public hearing date of March 7, 2013 at Maquoketa Valley Middle School at 5:30 pm for review and adoption of Fiscal Year 2013/2014 operating budget by Kramer, Kray second.  Davidson would prefer to change to 6:30 pm.   Kramer changed motion to set public hearing date of March 7, 2013 at 6:30 pm for review and adoption of 2013/2014 operating budget, Kray second.  All ayes, motion passed.

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