The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 20, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:  n/a

Visitors: Larry Peter, Eve Peter, Ed Schmidt, Brian Monk, Andy Coleman, Doug Camp, Todd Boone, Larry Aschbrenner, Chip Hughes, Angela Holt, Bob Galiher, Chris Stender, Tom Houlahan, Kathy Houlahan, Dave Larson, and Pat Colgan, and Bill Holman by phone

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

Kray requested approval of minutes for the 2/20/2014, 3/6/2014 and 3/11/2014 meetings. Kramer made motion to approve, Schneider second, all ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $28.91; L&L Consulting – $2,000; News Publication – $13.44.  Payments for the Bond Fund as follows: Delaware County Abstract – $1,193; DesMoines Register – $74.70; Laurie Kramer for postage to Stanley Engineering – $32; Simmons Perrine Moyer Bergman – $9,134.75; Stanley Consultants – $14,766.59; Pat Colgan for travel – $674.62.  Discussion regarding Colgan reimbursement as County Auditor is unclear if this is a 1099 event.  Burger asked who would decide and Kramer advised our auditing firm, Hunt and Associates.  Motion to approve all payments except Colgan reimbursement until opinion from Hunt & Associates is received made by Davidson, Schneider second. Leonard asked Holman when contractor bills come in for Phase I, if Stanley will pay them.  Holman said they will review and approve but will not pay.  Agreements will need to be made with the contractor as to procedures and a release process.  Burger has a question on the attorney bill as there is a notation with “reread 28E agreement” as no charge but there is a $40 charge noted.  Kramer will check with Simmons Perrine on that issue.  Burger also noted the attorney bill is high but a lot was accomplished.  Vote taken on the motion, all ayes, motion passed.

Kramer reviewed financial summaries.  The general fund had a beginning balance of $95,902.42 and after revenues and expenses ended with a balance of $98,325.31.  The fund for the bond payment started with a balance of $160,516.21 and after revenues ended with a balance of $176,179.89.  The bond fund started with a balance of $5,590,505.36 and after interest and expenses ended with a balance of $5,629,764.71.  Motion to file reports by Davidson, Schneider second, all ayes, motion passed.

Leonard reviewed the request for a conflict of interest form from Simmons Perrine.  The party purchasing the property next to the old Rusty Peck property is a customer of Simmons Perrine.  There needs to be further clarification of the easements on the Peck property with this property purchase.  Simmons Perrine has asked the potential buyer to work with another attorney firm for the real estate purchase.  There was a short amount of time when Simmons Perrine was involved with both parties so they have asked us for consent to the conflict of interest.  Kramer moved to sign the form, Davidson second, all ayes, motion passed.

Stanley Engineering Supplemental Agreement 21 and 22 were introduced. Agreement 21 includes working with the District for the purchase of property and easement work, permitting with SHPO, the DNR and the Corp.  The amount on the agreement is a not to exceed $20,000. Agreement 22 is for engineering support during phase I and for bid advertisements, and the pre-bid meeting, etc. with a not to exceed amount of $17,000.  Motion to approve Supplemental Agreements 21 and 22 by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard asked Holman to review bids received.  Holman said he had provided the Trustees with a letter summarizing Stanley’s selection work.  He indicated we received 4 bids and they were very similar in price which gives us confidence that this is a good price.  The amounts were also close to the engineer estimate as well.  Lunda Construction was the low bidder by about $40,000.  Stanley and Pat Colgan verified everything is in order according to the specs.  Did verification of of several points that are critical in the design and verified experience on each point in the RFP.  References were also called for verification purposes.  Stanley also followed up on the subcontractors as well.  Holman confirmed that Lunda Construction met all the requirements of the bid and was the low bidder and now recommends Lunda Construction should be awarded the contract. Davidson asked how Lunda Construction’s previous work compared in scope and size.  Holman said in a previous project that Stanley Engineering worked with Lunda, the project was about the same size and also built a labryinth dam and was very similar in nature to our project.  Burger asked Holman if he was comfortable that Lunda Construction could handle our project and Holman said his is comfortable and that all contractors that bid were solid contractors and Stanley had experience with 3 of them.  Colgan added that he agreed 100% with Stanley Engineering’s analysis.  Colgan agrees that Lunda Co. had the best bid and they have been doing business a long time.  They are a quality company and give great attention to detail. Holman said Lunda has a reputation for helping to solve problems and one of the references that were called confirmed that.  Burger made motion to accept Stanley Engineering’s recommendation of Lunda Construction for the winner of the bid of Phase I Reconstruction of the Lake Delhi dam, Davidson second.  All Trustees indicated they were happy with the analysis. 

Individual roll call requested, all ayes, motion passed to award official contract to Lunda Construction Company.  Holman will draw up the notice of award for the District to sign and will call Lunda Construction.  Holman said he will arrange a pre-start construction meeting. 

Committe updates –

Finance – Burger said he has been reviewing options for Builders Risk insurance and he and Leonard met with our insurance agent.  The agent has given us proposals with various  levels of coverage and he is working through that process for us to move forward.  He also indicated the Finance Committee needs to discuss how payments to the contractor will work.  He also suggests a work session with all Board members to discuss change orders and the payment process.

FEMA – Leonard spoke with Doug Herman and he has had communication with Homeland Security but is not quite ready for a draft to the Trustees.

Dam Construction/Timeline – all property owners have received DNR letters which is a required process for public notice of our construction.  Property owners are encouraged to respond with a personal prospective in giving positive response for the reconstruction.  Once the permit is received for Phase II we will immediately go out for bids as there is not much left to do for those bid specs.  The receipt of the permit and coordination with the coffer dam to allow water to go through the powerhouse will dictate when Phase II can start.

State/County Legislative – Leonard spoke with Gary Grant today about the language for the clarification in regards to our tax bill.  He believes it looks good and doesn’t see any resistance.  Davidson asked if the bill is by itself now and Leonard said yes but that can change it goes through the process.

Property/Management – Kramer said demolition of the old Peck property is on Harbach’s calendar and he will move forward.

Leonard said received a letter from Jack Klaus from the Manchester Chamber of Commerce in support of the lake.  Leonard read the letter and indicated Klaus will forward to John Garton with the DNR.  Leonard thanked Klaus for his support of Lake Delhi.

Larry Aschbrenner advised he and Tom McLaughlin did the Guest Bartender day for St. Patrick’s day again this year at the Pizza Place.  He thanked Jim and Darlene Cleary for allowing them to participate in this event again at the Pizza Place as Larry and Tom donate the money in the tip jar to the Community Fund to Rebuild Lake Delhi.  This year the proceeds to the lake are $443 and there has been a total donation of over $1300 in the 3 years they have participated in this event. Leonard thanked Larry and Tom for the donation of time and funds.

Public comment – Ed Schmidt asked what was the reference to the boat ramp issue in the Stanley Engineering Supplemental Agreement and Leonard advised it was work in allowing us to mobilize in the area of the DNR boat ramp on the north side of the dam.

A question was asked if the contractor will try to  hire local help? Holman said he didn’t know who they have talked to or partnered with and they may have not made their final selection.  Will we be using the wicket gates and Holman advised we have to see if they are operational and then may need to readjust things but again, we won’t know until we excavate in that area.

Larry Peter said the instructions with the Steel Fab gates were included when they were moved but he didn’t believe they were there now.  In addition, the electronics had not been shipped.  Colgan said that will be worked out with contractor and they will discuss it in the pre-construction meeting.

Larry Aschbrenner asked what was the estimate of Phase I and Phase II. Leonard said for Phase I it was $4,424,729.08 and Phase II was $6.7 million.

Larry Peter wanted to confirm that we had an asbestos inspection and that a report still needed to be filed.  Kramer indicated the DNR said we didn’t need to do this because it wasn’t a business.  Kramer will confirm her records.

A question regarding the fact that the DNR letter said building the dam won’t alleviate flooding from upstream properties.  Leonard asked Colgan to comment and he said the letter references a 1% chance and we need to think of that as the 100 year flood.  It would be like the 2008 high water event and it should not be worse than that event with the new dam in place.  

Motion to adjourn by Davidson, second by Schneider.  All ayes, motion passed, meeting adjourned at 7:38 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, March 11, 2014 – 6:30 p.m.

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 1:30 PM at the Heritage Bank Conference Room

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

Trustees absent: Gifford

Visitors: Gordon & Patricia Anderson, Larry & Eve Peter, Dean & Marlene Montour, Jerry Ries, Brian Monk, Brian Jacob, Larry Aschbrenner, Ben Kindred, Alison Johnson, Jim Locke, John Hess, Randy Rattenborg, Jason Wenger, Greg Van Elzon (Lunda rep), Matt Van Heiden (PCI rep) Chris Stender, Wayne & Jenny Garvin, Bill Weers, Randy Sweet, Travis Niehaus

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

Leonard opened the bids received for the Phase I Reconstruction of the Lake Delhi dam.  The bids are as follows”

Cramer and Associates – $4,590,960.00

Peterson Contractors Inc. – $4,649,528.44

Lunda Construction – $4,551,199.71

ASI/ECI Joint Venture – $4,677,571.00

A motion was made by Burger to forward the bids to Stanley Engineering and the District Project Facilitator for further review and recommendation to the board, Kramer second.  All ayes, motion passed.

Public comment – Pat Colgan said he was very happy with the companies that bid and that they were so close in numbers for the total bid package. He said he and Stanley Engineers would review the bids and look at various aspects including the qualifications of the contractor and also the qualifications of the contractor’s supervisor.

Motion to adjourn by Burger, Kramer second.  All ayes, motion passed and meeting adjourned at 2:02 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, February 20, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:  Burger

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

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

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

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

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

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

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

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

Committee updates

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

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

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, February 10, 2014  9:00 a.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Treasurer Laurie Kramer at 9:00 a.m. at the Maquoketa Valley Middle School Conference Room.

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

Absent: Leonard, Burger, Gifford

Visitors:

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, February 3, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:

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

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

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

Out for Bids – Tuesday, February 4, 2014

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

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

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

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

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

Trustees Announce Successful Bidder – Thursday, March 10, 2014

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

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

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

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

Public comment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Monday, January 20, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:  Burger

Visitors: Chris Stender, Jim Locke, Dave Larson

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

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

Gifford joined by phone at 6:42pm.

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, January 16, 2014 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:34 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Brooks Ante, Bob Galiher,  Marcheta Cooey Lux, Jim Locke, Chip Hughes, Chuck Figen, Nick Noel, Dennis Ball, Dan Reyner

Brant Vollman (Army Corp of Engineers), Pat Colgan, and Gary Grant by phone

Agenda reviewed by Leonard and asked for ability to change the order of the agenda items when the Army Corp of Engineers Architect joins.  Motion made by Burger to approve agenda, Davidson second, all ayes, motion passed.

Kray requested approval of minutes for the 11/21/13, 12/4/13, 12/20/13, 1/8/14 meetings and the 1/8/14 work session.  Burger made motion to approve, Kramer second.  All ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $28.74,  Boss Office Supplies – $13.20, Delaware County Auditor’s office for warrants – $80.00, ICAP regarding Fink lien – $5,751.23, L&L Consulting – $2,000.00, and Attorney fees for Oct. and Nov – $780.00.  Payments for the Bond Fund as follows: Delaware County Abstract Office – $1.315.00,  Simmons Perrine Moyer Bergmann – $5659.50, and Stanley Consultants – $22,636.55.  The board did not have their regularly scheduled meeting for December and 2 bills were paid (as within Kramer’s dollar approval to pay) and now asking for formal approval – Alliant $25.25 and L&L Consulting $2,000.00. Motion to pay all billings for the general fund and the bond fund as presented by Davidson, second by Burger.

Kramer reviewed budget reports as of 12/31/2013.  The General Fund had a starting balance of $141,825.14 and after receipts and expenses has a balance of $103,593.57.  The Debt Service Fund had a beginning balance of $152,065.67 and after receipts has an ending balance of $157,723.83.  The Dam/Spillway Fund has a beginning balance of $5,610,861.00 and after an interest payment ends with a balance of $5,615,413.53.   Burger made motion to file financial report, Davidson second.  All ayes, motion passed.

Kramer request a date be set for a public hearing for the 2015 FY budget and recommends  March 6, 2014 at 6:30 pm at the Maquoketa Valley Middle School Conference Room.  Motion to approve by Burger, Kray second. All ayes, motion passed.

Leonard introduced Brant Vollman, archeologist, who is one of our key contacts at the Army Corp of Engineers working on the programmatic agreement.  We are very close to an agreement and we must finalize this document prior to the issuance of the federal permit.  Vollman explained the Army Corp of Engineers is responsible for complying with environmental laws and the Historical Preservation Act.  Before the Corp can issue a permit, they need to determine the impact, if any, to archeological sites.  The Lake Delhi dam is eligible for the National Historic Register and in the impoundment area, there were 3 additional sites that were found to be eligible for the National Register as well.     

We now have a final draft programmatic agreement that was sent to Leonard today and tomorrow morning Vollman will prepare memos to forward the agreement to the Colonel of the Corp for signing.  As we move forward with the construction of the dam, there will be some mitigation work that will need to be done.  The majority of the sites studied did not maintain enough integrity to qualify for the national register but we do have to acknowledge the sites and the agreement gives us guidance on how to proceed.   The Trustees will sign the document, however, it is the Corps responsibility to ensure the document is carried out and our permit will have a special condition that we comply with the programmatic agreement.  Leonard also asked Vollman to describe what the District will need to do in order to move forward with any dredging.  Vollman explained that in working with the District, that the Programmatic agreement reviews the plan in detail.  The US Army Corp. will be the party that a dredging permit will need to be issued from.  The primary concern is to avoid dredging into native ground.  Leonard thanked Vollman for all of his work and Vollman left the meeting at 7:01 pm.  Leonard requested motion to sign document and Davidson made the motion, Burger second. Individual roll call taken, all ayes, motion passed.

Leonard discussed 28E agreement and explained there had been multiple meetings with the Delaware County Supervisors and we now are very close to having a final agreement.  This document sets the terms and conditions between Delaware County and the Lake Delhi Trustees for the $2,999,999 bonding and the public access improvements in a shared cost agreement.  The agreement explains that the money from Delaware County will be used for the Phase II construction of the spillway and that as invoices are received, the District will pay them and then forward to the County for a reimbursement of 50%.  The amenities for public access will be on a cost share basis of 50% not to exceed $350,000 so when Delaware County receives the invoices, they will pay them and forward to us for 50% reimbursement.  The improvements will include replacing the bridge, elevate it and and reallign it.  It will be approximately 20 feet wide with an anticipated height of 10 feet above the normal lake level when the dam is rebuilt water. There will be courtesy docks, a boat ramp and creation of a new beach.  A silt catch basin will be added so it will be easier to manage the siltation in that area.  The agreement also indicates that Delaware County will take on the future management of the facility. There will be a public hearing on Monday night for review of the property transfer.  Our approximate cost is $242,000 after the County submits for state grants to assist with the cost.

Committee updates

Finance – will meet on January 25 to recommend budget and review recording secretary position.

FEMA – Leonard explained that Doug Herman has spent hours reviewing the FEMA material and is actively working this issue.  He will be coming to the board with some additional requests in future meetings.

Dam Construction – After signing of programmatic agreement, we are expecting our federal permit by the end of January, beginning of February.  The board has already approved Colgan to move forward on Phase I and Colgan and Holman are working closely to complete that work.  We should be issuing bids shortly after.

Legislative – Gary Grant advised he and Larry Murphy have been working with Dan Zumbach and Lee Hein on the tax issue for 357E organizations.  We believe there was an oversight in this legislation that does not specifically indicated that 357Es are tax exempt for propert and sales tax like other municipal entities.  Grant indicated no special bill should be needed, that this should just be added to the code clean up bill that is always done early in the session.  Kramer asked when the bill would take effect and Grant indicated as soon as it is signed.  We may still need to utilize the appeal hearing scheduled in April to recoup past payments.

Property Management – nothing to report.

Public comment – Bob Galiher would like to know if there may be funding available for the Water Quality team in the budget.  He is requesting the Trustees to consider an allocaiton of funds to the team.  Leonard requested the team come to the board with a presentation as to how funds will be spent.  Discussion surrounded what items would be covered from sea wall improvements to siltation issues.  Galiher mentioned this issue tonight since the Finance committee will be reviewing the budget.  Burger advised we could still allocate funds even if it is not a specific line item in the budget prepared. Galiher will go back to committee when meetings begin again in the Spring and prepare a presentation.

Chuck Fagan asked how the LDRA will be getting funding moving forward. Locke indicated that grants have been used in the past and that currently we have a grant from Rockwell Collins that is being utilized for lake bed clean up.  Fagan also asked about funds available to the District and Leonard gave details.  The cost estimate of the construction is approximately $15,600,000 which includes the Turtle Creek Cove area and we have about $16,000,000 available utilizing all known pledges.  It will be very important to be cost effective in our construction so we can have some funds available for dredging and such.  In addition, we will be continuing our work with the Community Fund to Rebuild Lake Delhi to receive additional pledges.

Burger 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 pursuant to Iowa Code Section 21.5 (1)(j).  Schneider second, individual roll call requested, all ayes, motion passed.

After closed session complete, Burger made motion to adjourn meeting, Kramer second.  All ayes, motion passed and meeting adjourned by 8:35 pm.

The Delaware County Board of Supervisors met in work session this date at 2:30 p.m. with all members present.  Also present were Steve Leonard, Laurie Kramer, Bruce Schneider, Robert Klima, Chip Hughes, Jim Locke, Larry Peter, Garlyn Glanz, Larry Aschbrenner, John Bernau, Anthony Bardgett and Carla Becker.  One member of the media was present. Chairperson Ries called the meeting to order.

The work session began with a review of the amended design for the proposed Turtle Creek access.  In an attempt to conserve the current boat ramp and access on the west side of the cove, the design was modified with less impact on the current road location.  By doing so, County Engineer Anthony Bardgett feels the same level of access can be achieved with the cost of the bridge and roadway being reduced from $506,878.00 to $396,780.10.  This would be a net savings of $110,097.90.  This would also reduce the dirt needs in half which may increase the cost of moving the excess material out of the cove.  The revised plan will also affect the proposed fishing access and beach area.  Not being a high priority item for this project, the additional fishing access may be eliminated.  A new location will need to be found for the proposed beach area.  If the beach is relocated on the west side of the cove, the second ADA restroom will also be located on that side.  However, if the beach area is relocated to the east side of the cove, there may not be a need for a second restroom facility.

Conservation Director Garlyn Glanz redirected the conversation to the need for silt basins with the proposed project.  He is anticipating that these basins will be located upstream from the cove behind the existing park facility.  They will need to have access to them and be positioned for long-term maintenance.  Dredging costs for the cove will also need to be addressed.  With the new design, Mr. Glanz is estimating that 5,000 to 10,000 cu yards of material will need to be removed from the cove at an estimated cost of $44,500.00 ($5.50/cu yard).  However, he did discover that these dredging costs are eligible under the marine fuel tax grant.

Supervisor Ries asked if the project could move forward without the expense of raising the bridge.  Supervisors Helmrichs and Madlom do not feel leaving the bridge at its current height is an option.  At normal water levels before the breach, there was only 5 ½ – 6 feet of clearance under the bridge.  The proposed height would take it to 12 feet of clearance.  Supervisor Helmrichs does not feel the area would be a “true public access” if the bridge were left at its current height. 

According to Mr. Glanz, the new projected cost of the proposed project (exclusive of the bridge and road portions) would be $173,125 of which $113,125 is eligible under the marine fuel tax grant at a 75/25 cost share.  Projected expenditures for FY 14-15 would be $119,125 and $54,000 ($36,000 for the catch basins and $18,000 for the second proposed restroom facility) scheduled in FY 15-16.  The total cost breakdown would be as follows:

Cost of Items for AmenitiesAnticipated to be Eligible for Marine Fuel Tax Grant

Boat Ramp $26,125 Boat Ramp $26,125

Parking $16,500 Parking $16,500

Restrooms (2) $36,000 Restrooms (1) $18,000

Courtesy Dock $8,000 Courtesy Dock $8,000

Dredging of Cove $44,500 Dredging of Cove $44,500

Beach Area $6,000 Beach Area Not Eligible

Fish Access $0.00 Fish Access Not Eligible

Silt Catch Basins $36,000 Silt Catch Basins Not Eligible

   Total $173,125    Total $113,125

Cost Share 75% DNR $84,843.75

Cost Share 25% County $28,281.25

Road and Bridge Expenditures $396,780.10

   Total Cost 569,905.10

Less Projected Grant Receipts -$84,843.75

   Net cost of Project 485,061.35

Proposed County 50% $242,530.68

Proposed District 50% $242,530.67

With regards to the transfer of the Turtle Creek Cove property from the District to the County, an abstract was created and a title opinion issued by Attorney Tom Hanson on behalf of the county.  According to County Attorney John Bernau, Mr. Hanson is finding marketable title in the District’s name.  However, Mr. Bernau would like clarification within two (2) separate areas.  First, a notice of Memorandum of Agreement was recorded which pertained to this property.  He would like to have the copies of the original agreement along with copies of the three (3) subsequent amendments.  The second issue is with the mechanics liens filed against the District. According to research performed by Assistant County Attorney Courtney Vorwald, two (2) of the four (4) liens have been released.  She could not find releases for the other two (2).  Even though the liens are specifically listed as being on the dam property, a quit claim deed filed between LDRA and the District specifically calls out these liens without reference to the land they cover.  He will need clarification on this and may require a Warranty Deed to transfer the parcel.

Conservation Director Garlyn Glanz reiterated the Conservations Board’s requirement that the property be transferred to County ownership prior to the filing of the marine fuel tax grant application.  He also stated that the goal of the County Conservation Board is to maintain this property as public access.  The District would like the property to revert back to them if the County should discontinue maintaining it as a public access. 

Mr. Bernau wondered if the DNR had any restrictions on the transfer of property where state grant monies were utilized.  Mr. Glanz stated he would look into that and get back to the group. 

Steve Leonard, District President, began to step through the proposed 28E Agreement.  He noted the following issues:

Page 1, Item 1 and Page 2, Item 3 – We still need clarification as to what “project” means.  Are they referring to the entire dam and spillway project or just the spillway?

Page 2, Section 4 – Should the agreement have a termination date?  There are portions of the agreement which are perpetual.

Page 2, Section 5.2 – On the last line need to change the verbiage from “receipt of the invoice” to “receipt of the request for reimbursement” since the county handles the District’s finances and would have already received the invoice for initial payment.

Also in this section, Mr. Leonard stated that the District has already incurred expenses relating to the design of the spillway portion. Would they be able to submit for reimbursement on these expenses? Board members did not seem to object to reimbursement for any spillway related expenditure subject to Board review at the time of the request.  However, the Board would prefer that the reimbursement of expenses incurred prior to this agreement be limited to one request within thirty (30) days of the effective date of this agreement. 

Pages 2 & 3, Section 6 – Since the County is proposing to own, operate and maintain the public access amenities at Turtle Creek Cove, portions of Section 6 no longer apply to this section of the agreement.  However, Exhibit B should include these items along with a detailed description of the proposed public access project.

Page 3, Section 6.2 – The District’s attorney has stated that he will not furnish the requested opinion of counsel on the lake property due to frontage issues, etc.  They would like to know what else the District can provide that would satisfy this request. 

Page 4, Section 6.4.2 – The District is simply looking for direction as to what is being required.  Is this for the entire project and public amenities or just the spillway and public amenities?

Page 4, Section 8 – It was agreed that there is no way to measure the requirement for the county to maintain the public amenities “in a similar manner as other County owned property”.  Mr. Glanz recommended that portion of the sentence be stricken, a comma added after the word County in the last sentence and the following verbiage added:

…“including dredging of Turtle Creek Cove and the maintenance of the water shed silt catch basin(s).”

Page 5, Section 9.1 – The District is still having some issues with regards to the requirements of all-risk insurance due to its availability.

Page 5, Section 9.2, 9.3 & 9.4 – These sections were added at the request of County Auditor Carla Becker after speaking with management at Lake Panorama.  Since all-risk property insurance was not feasible after construction, the filing of the 5 year inspection report with the Board would keep them informed of the condition of the structure as well as the District’s response for remediation of any defects. Section 9.4 was also added at the suggestion of Lake Panorama.  Even though there didn’t seem to be direct opposition on the part of the District, it was suggested that deposits into this “Improvement Fund” could begin in Fiscal Year 2016-17.  This would allow the District a year or two to regain a positive fund balance after construction.

Page 7, Section 11.2 – The District is simply looking for clarification on what “partial termination” of the contract means.

Page 9, Section 14 – The District continues to ask for the addition of mediation in the area of dispute resolution.  According to the County’s bonding attorney, Mark Cory, by listing the Iowa District Court for Delaware County, this section is simply stating the “venue” that any disputes would be settled.  That does not mean that it would have to go to court.  He would prefer not to “require” mediation. However, this section does not rule out mediation as a tool.  County Attorney John Bernau concurred with Mr. Cory’s explanation.

The following items are not currently spelled out in the agreement:

1. Transfer of the Turtle Creek cove property from the District to the County subject to the retainage of flood plain rights by the District as well as lake bed usage and maintenance rights for that portion of the transferred property lying north and east of the northern right-of-way of the relocated roadway

2. Understanding that the project must be completed prior to the completion of the dam and spillway to save money.

There being no further business before the Board, the work session was closed at 3:55 p.m.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, December 4, 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, Burger, Schneider.  Kray and Gifford participated by phone.

Absent: None

Visitors: Larry &  Eve Peter, Ed Schmidt, Dan Zumbach, Chris Stender, Doug Herman, Dave Larson, Bob & Lola Galiher and Sara Millhouse from the Dyersville Commercial.

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

Leonard presented the Trustees with a letter of resignation from Dave Fry who has been serving as the FEMA CFO Authorized Representative for the district.  Motion by Schneider, second by Kramer to accept Dave Fry’s resignation.  Motion carried.   Leonard commented on the amount of time Dave put in as our FEMA representative and offered thanks from the District for all his work and efforts.  Leonard also commented that Dave shared he would be willing to continue working in the background with the new authorized reps along with any contracted work that may be approved by the District.

Leonard introduced Doug Herman who is currently the city administrator for the City of Monticello. Doug has had FEMA experience, served on the Governor’s Task Force, and has property on the lake.  Doug has indicated he is willing to volunteer his time as it relates to our current status with FEMA. Doug commented that he has work with FEMA since 2008.  He has met with Dave Fry and reviewed the District’s history with FEMA and the 2010 reports.  When Doug moved to Monticello he worked as an attorney and then went into city management.

Leonard clarified that his understanding with communications from Homeland Security is that Dave Fry and Pat Colgan were specifically authorized reps for 2010 event but not 2008.  Since we are removed from the 2010 event we need to officially approve a new Authorized Representative and Chief Financial Officer for the 2008 event.  A motion was made by Burger, second by Davidson to approve Pat Colgan as our Authorized Representative and Doug Herman as our FEMA Chief Financial Officer.  Pat said his main focus is on dam construction but he is willing to help for the time being depending on the amount of time it will take. Davidson said he was concerned about the amount of time this position will take Pat.  He asked Pat to keep the Trustees posted on how things go.  Motion carried.

Leonard briefly reviewed the possible public access options that were presented at the last meeting.  As was discussed at the last meeting, the Turtle Creek area seems to be the best option.

To start the process of transferring the Turtle Creek property to the County there will need to be an abstract for that parcel.  Both Carla Becker, County Auditor and Anthony Bardgett commented that the abstract was necessary to be sure the property is free of any liens.  Leonard explained that it would take two to six weeks for the abstract to be reviewed.  The cost estimate is between $400 and $800.  A motion was made by Schneider, second by Burger to request an abstract of the property and payment for that abstract.  Davidson asked if this will hinder our timeline for the transfer.  Leonard said there will be a push to get the abstract done as soon as possible, hopefully, by the end of December.  He also stated that all other agreements with the county should not be delayed with the abstract if we get the abstract started immediately.  Motion carried

Leonard reviewed a template of a property transfer agreement for Turtle Creek to be submitted to the County Supervisors and asked for a motion to approve the template so the Trustees could discuss.  He also indicated that he and several Trustees will be meeting tomorrow, Thursday, December 5, with the County Supervisors to review the proposal and we need to be able to provide a template for those discussions.  Burger made a motion approve the template, Kramer seconded the motion.  There was the following discussion.  Burger said that past discussions have centered around a 50/50 split with the County on the cost of the project.  He said that since we need an access plan, this would seem reasonable.  The cost estimate is approximately $644,000 and Burger suggested the District pay 50% of the cost up to $350,000 in case of cost overruns.  Burger also recommended the county draw up 28E agreement.  Motion by Burger, second by Schneider to approve the proposed template.    Kramer asked about the lake bed maintenance as referenced in Item 4 and Item 7 of the proposed template.  Per the proposal, Leonard said the County would be dredging inside the Turtle Creek cove as part of the process surrounding the building of the bridge.  Schneider indicated that the County mentioned having catch basins.  The District’s maintenance would involve the area outside the Turtle Creek Cove. 

Davidson mentioned there seems to be three different opinions by the Supervisors on the percentage the County should pay for the project.  He also questioned who will be in charge of the construction of the project.  Leonard indicated that Delaware County will do all the construction of the project and we will reimburse.  Burger said this would be an advantage to the District since the County has the engineering resources as it relates to building bridges.   With regard to the amenities such as bathrooms, boat ramps, etc., Garlyn Glanz, from the County Conservation Board,  has done the research on the related costs.   Leonard said he understands the bridge and amenities will be bid out as one complete project.  Kray brought up differing opinions with the Supervisors.  She expressed concern that the Supervisors were concerned about the maintenance costs.  Leonard said he liked the 50/50 split.  He reminded the Board that this is not just a financial obligation.  We represent approximately 10% of the county so that takes us to approximately a 60% contribution.  Our land value is greater than $1.00. so that takes the percentage to an even higher amount.    Burger made mention that in transferring the property, if it doesn’t work out, the property will come back to the District. That language has to stay in the agreement.  Leonard said he is hoping for a full agreement regarding the transfer and the public access agreement.  Tomorrow’s meeting with the Supervisors is only a work session.  Gifford commented that based on all of our experiences interacting with government entities, a 50/50 split makes complete sense.  Davidson agreed, but said that wasn’t where Supervisors’ heads were after the last meeting.    Gifford believes we need to market the intangible values the District brings to the table.  Leonard agreed with those comments.    Leonard asked for a roll call vote.  All ayes.

A motion was made by Burger, second by Kramer to pay the interest only on LDRA dredge debt that was due December 1, 2013 in amount of $36,625.00.  Motion carried.

Public comment:

Larry Peter – Commented that he understood from visits with the County that the Turtle Creek project would be handled by the County.

Bob Galiher – Bob ask what the District goals are going to be with regard to FEMA and the 2008 event.  Leonard said goals are simple.  There are a lot of questions on how things were done in the past.  Sole source contracts, how payments were made, etc.  We have to justify every item on the monitoring report.  Some items are close to being signed off on and some still need work.  FEMA is pushing Homeland Security to get this done.  We may look at hiring a contractor to help the process.  We hope this will take a short amount of time, possibly 6-9 months.  Our goal as a District is to reduce what we may have to pay back and to make sure the District gets what is due.  Colgan explained that the monitoring report after the 2010 event brought these issues to light. It could be simple or could be drawn out.  Hopefully get done as quickly as possible.

Bob Galiher  – Regarding Turtle Creek.    Does this area totally satisfy the State.  Leonard explained there needed to be a wastewater plan and public access plan for the District to get RIIF monies.  The wastewater plan has been accepted.  Items such as a added boat ramps, beaches, areas for fishing and additional parking were spelled out to state.  The State has given us much latitude.  They understand our budget and cost issues and they have been very cooperative and know that we are committed to this.  Dan Zumbach, our state senator made the comment that we need to look at the DNR as a partner, not an enemy.  The DNR Director has had a positive attitude.  The DNR are supportive and pleased with Turtle Creek plan. 

Lola Galiher  – Is county assuming part of their cost for public access will come from the $3M? Leonard said no.  That is in addition to the $2,999,999.  Schneider said the County amount is earmarked for spillway.

Bob Galiher – If the County gets grant money will that be split with the District.  Leonard said yes that is the way the proposal is designed.  He explained that there is approximately $68,000 in costs that are grant eligible.  The grant comes from Marine tax and would pay 75% of eligible costs.

Lola Galiher – How are the Trustees feeling as far as cooperation with the Supervisors? Davidson said the relationship has been good.  There’s been respect and there have been differences of opinion but we are working well together.  Leonard commented that the County also has limited funds as does the District but the good news is that even though we both have budget constraints.  This is a positive investment for both parties.

Doug Herman – Is the county engineer’s cost being shared.  Leonard replied that our understanding is that it’s at no cost.

There being no other public comment, a motion was made by Burger, second by Davidson to go into closed session.   Leonard asked for a roll call vote.   All ayes. 

After the closed session was adjourned, a motion was made by Schneider, second by Kramer to adjourn meeting.  Motion carried.

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.