The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

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

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Diane Bauers

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

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

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

Motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes of restoring the land and Dam per Iowa Code Section 21.5 (1) (j) by Gifford, Kramer second.  Individual roll call requested, all ayes, motion passed.

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

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

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Boat Ramp – $26,125

Parking – $16,500

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

Beach – $6,000

Fish Access – $8,500

Silt Catch Basin – $36,000

Courtesy Dock – $8,000

Total of Amentities – $137,125

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

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

Delaware County Supervisor’s Office

Manchester, IA

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

Trustees present: Leonard,  Kramer, Davidson and Kray

Trustees absent:  Schneider, Burger, Gifford

Supervisors present: Madlom, Helmrichs, Ries

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

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

 Page 1

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

Page 2

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

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

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

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

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

 Page 3

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

6.1.1 One or more boat ramps

6.1.2 Portage trail around dam and spillway

6.1.3 One or more beaches with parking and restrooms

6.1.4 Fees associated with public amenities

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

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

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

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

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

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

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

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

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

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

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

 Page 4

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

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

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

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

Page 5

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

Page 6

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

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

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

Page 9

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

Page 10

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

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

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:  Schneider, Burger

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

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

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

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

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

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

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

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

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

Committee Updates

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

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

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

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

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

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:  N/A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

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

UNI Business and Community Services Building

8120 Jennings Drive

Cedar Falls, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 1:15 pm at the UNI Business and Community Services Building in Cedar Falls, IA.

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

Trustees absent: 

Visitors: Larry Peter, Pat Colgan

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

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

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

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

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

Lake Delhi Trustees

Short-term Plan for 2013-14

Communications, Public Relations and Education

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

Actions:

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

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

Actions:

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

Dam Reconstruction

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

Actions:

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

Lake Bed Restoration

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

Actions:

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

Finance and Operations (Finance Committee)

Goal: Formalize operations and payment criteria

Actions:

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

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

Actions:  Budget should include:

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

Public Access

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

Actions:

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

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

Water Quality Committee and District

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

Actions:

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

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

Heritage Bank Conference Room

Delhi, IA

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

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

Trustees absent: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 Dave Kretz thanked the Trustees for all we are doing.

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

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, August 28, 2013 – 6:00 p.m.

Maquoketa Valley School Auditorium

Delhi, IA

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:02 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Burger

Visitors:  Sign in sheet provided

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, August 7, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

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

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

Trustees absent:

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

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

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

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

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

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

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

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

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

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

Kramer left the meeting at 7:54pm

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

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

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

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

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

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

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