The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, July 23, 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,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: Jim Locke,Pat Dede, Don Dede, Eve Peter, Marcheta Cooey Lux, Dave Larson, Amy Draker, Clint Houdek, Diane Bauers, Chris Stender, Mark Swift, Kevin Lund, Dorothy Thomas, Shirley Christiansen, Lou Christiansen, Sue Christiansen, Ken DeKlotz, Barb DeKlotz, Bill Hughes, Bonnie Hughes, Bob Galiher, Lola Galiher, Dan Staebell, Larry Sloan, Todd Gifford, Chuck Koelker, Pat Colgan, Chloe Colgan, John Hess

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

Kray requested approval of minutes for 6/20/13 meeting.  Schneider 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 – $1.26; L&L Murphy Consulting – $2,000; Simmons Perrine – $3,014.43.  Payments for the Bond Fund is $4250.57 for Simmons Perrine.  Davidson made motion to approve all payments as presented, Burger second.  All ayes, motion passed.

Kramer reviewed the financial report advising the General Fund had a beginning balance of $78,884.87 and an ending balance of $15,095.64.   We just approved over $5000 for expenditures this month so that will take the General Fund to below $10,000 and we have no tax draws until August or September.  Kramer has checked with Becker, County Auditor and we can do an intrafund transfer.  The Bond fund expenses this month is the recent acquisition of land and we show a balance of $5,697,427.60.  Burger made motion to receive and file the financial report, Kramer second.  All ayes, motion passed.

Davidson discussed bids for getting rid of buildings on the recent properties we purchased – Peck, Wright and Wiersma.  The combined quote from Randy Harbach is $5950.  He also received a quote from Gudenkauf Tiling and Excavating for $6800.  Leonard has a verbal quote from another contractor who will remove all of the buildings at no cost as long as he can keep the materials, however, he does not have a license or insurance currently and is not bonded.    Davidson made motion to accept Randy Harbach estimates, second by  Burger.  Peter indicated the state has to do an asbestos inspection and a contractor approved by the state needs to do the inspection.  Peter asked County Engineer if it is the contractor’s responsibiility to work through.  Davidson said he thought the trustees would have to handle the asbestos issue.  Kray said she thinks should have just one contractor work the demolition and take care of any asbestos issues.   The estimate for just the paperwork for the state is $500.  Leonard asked how soon the work could be done.  Davidson indicated Harbach said he could do it in a day.  Peter said there is a requirement for a  2 week waiting period after the inspection.  Kramer amended the motion to go back to bidders and request them to add asbestos removal to their bids, Burger second.   We will table this for now.  Davidson will get back to both contractors.

The reimbursement letter from the DNR was discussed by Leonard.  George Antoniou is the DNR employee who asked for the letter that he has a record of our approval each time we request funds from the state.  Hatala reviewed the letter and saw no issues.  Davdison made motion to approve, Burger second.  Leonard read the letter.  All ayes, moiton passed.

Kray discussed weed and tree removal of the lake bed.  She has had discussions with the DNR and 3 companies, Three Rivers, Crop Production Services and Klinkenborg Aerial Services that do spraying.  All of the parties indicated that we need to do something with the trees because the larger they get the harder they will be to remove and kill.  Kray explained how all 3 companies discussed how they would handle the spraying, some using helicopters, others possibly using booms on the actual river bed.  Davidson believes if we aerial spray that drift will be an issue.  Schneider said he doesn’t think booms can work because of debris still existing in the lake bed after the last flood event.  He thinks ATVs with a sprayer would provide a tighter spray.  Schneider and Kray will discuss this with the DNR and get best time to do the spray.  Kray and Schneider will start a committee of  property owners and research best practice.  They will contact road association presidents to see what is happening in each neighborhood.  Maggie has a list of road associations and will have information on how things are being done in each area.

Committee updates – Finance – nothing to update

FEMA – the lastest update was given in the latest update of the Lake Delhi Voice which was created by Todd Gifford.  Leonard reviewed past history with the ineligible issues and the appeal process which was approved in Washington, DC and made the District an eligible applicant in Sept. 2012.  The District then submitted project worksheets, which is the FEMA process, requesting work/repair that needs to be done.  We were working with a FEMA Project Manager for the last several months to get them up to speed on our project, however a new Project Manager was just assigned.  We will need to review our project with the new FEMA personnel.  It is our understanding no construction can start until we have our federal permit.  The Emergency Action Plan and drawings are being worked on for the state permit.

Property Management – Peter attended a County meeting where he heard complaints about an email from Jones County Conservation about the debris that comes down from Lake Delhi.  Peter believes they don’t understand all the work we have done regarding clean up.  There is a new person now at the Jones County Conservation Board and it may be good for the District to contact them and just have a discussion.

Public comment – Bob Galiher said the financial report mentioned purchase of property and asked what was purchased.  Leonard advised the Wright and Wiersma properties.  These were   independently owned and Stanley told us we needed those properties for construction.

John Hess said he is hiring someone to improve his lake front and will have them take care of his weeds at that time.

Dave Larson said he believes if we burn in the spring and the fire is hot enough it will kill the bark and kill the trees.  Kray will ask the DNR if this would work.

Jim Locke said he had a conversation with Delaware County Conservation and they said they would help us with a controlled burn.

Locke also asked what is supposed to happen to the silt behind the Quaker Mill Dam if they remove it. Leonard said Hawker submitted his plan to the County Supervisors and they are reviewing the plan.  Leonard asked the Supervisors to advise of their plan for the siltation before they remove the dam.

Chuck Koelker asked if we had any plans for sawing off old stumps and that he is planning to see if can do the ones in front of his property.

Diane Bauer reminded all that we have received money from Rockwell for clean up.  Locke said he hasn’t talked to Brian Hughes recently.  The LDRA had to commit $2500 for matching funds for the Rockwell grant.

Bob Galiher said Brooks Ante purchased the Peck business and wants people to know if they have a boat stored there it is okay to keep it there and that they can now contact him.

August 11, 2013 is the annual meeting of the LDRA.   It is being held at the Heritage Bank conference room.

Leonard thanked all who participated and voted in the last election.  We say farewell to Larry Peter who decided not to run again.  He brought a lot of expertise and knowledget to the board and we are hoping he will stay active on the dam construction committee and assist Pat Colgan.  The results of the election were that Lamont Davidson was re-elected and Todd Gifford won election as a new trustee and their 3 year terms begin as of August 1, 2013.

Schneider made motion to go into closed session to discuss strategy and negotiations regarding a settlement agreement with DCCI in accordance to Iowa Code Section 21.5 (1) (c).  Individual roll call requested, all ayes, motion passed.

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

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, June 20, 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,  Kramer, Peter, Davidson, Kray, Schneider and Burger

Trustees absent:

Visitors: John Murphy, Ken DeKlotz, Barb DeKlotz, Jacques Dubois, Kathy Dubois, Sue Christiansen, Lou Christiansen, Dave Larson, Patti Larson, Tom McLaughlin, Marcheta Cooey Lux, Chip Hughes

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

Kray requested approval of minutes for 5/20/13 meeting.  Burger made motion to approve, Davidson second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $10,409.54;  Alliant Energy for $20.17; Hunt and Assoc for $750.00.  Kramer would also like to add payment to Delaware County for $52.00.  This is for the warrants they pay for us each month at $2/warrant.  Burger made motion to pay all bills as presented, Kramer second  Davidson asked why we are paying electric bill for the LDRA.  Kramer indicated when we took over billing we expected transfer to happen shortly and it did not but we have just continued to pay the bill.  Discussion surrounded asking LDRA for back funds if transfer does not happen within the next month.  Individual roll call requested.  All ayes, motion passed.

Kramer covered the financial report and as of May 31, 2013 the ending balance of the General Fund was $78,884.87.   Debt Service fund balance after funds from the county and interest and bond payment is $13,427.50.  The Dam/Spillway project fund balance as of May 31, 2013 is $5,841,915.04.  Kray asked about why there was a difference in the funds received from the DNR vs. the total Stanley bill.  Kramer explained that some of the Stanley billings were before the legislation passed and some billings were for FEMA work.  Leonard said have submitted the recent cost of the Peck property purchase to the DNR and don’t know if these will be considered reimbursable expenses but we believe they should be.  Additional documentation may be needed to have them be considered.  Burger moved to receive and file the financial report, Peter second.  All ayes, motion passed.

Kramer covered the audit report from the Auditor’s  office for FY 2011/2012.  There are no notes at the end of the report so nothing is of an issue.  Leonard said County Auditor and her staff have been very helpful.  County uses Hunt and Assoc. and we used them also at a reduced rate.  Motion to receive the budget report by Burger, Davidson second.  All ayes, motion passed.

The resolution to transfer previous expenses was explained by Burger.  These are attorney fees that are eligible to be paid out of the bond fund which were originally paid for out of the general fund.  Burger brought a packet showing which charges can be covered by the bond fund.  This packet was reviewed with the Budget and Finance Committee members and we have their concurrence to move the monies.  The applicable attorney fees for property transfers is $24,556.18 and for dam reconstruction is $54,610.08 for a total of $79,166.26.  It was decided that after a conference call with Larry Burger, Steve Leonard and Carla Becker today rather than have a specific amount of dollars in the resolution it was suggested we add “the amount to be approved by the District Treasurer”.  Motion to approve resolution 6.20.13 by Burger, second by Schneider.  Davidson asked McLaughlin if he was ok with the resolution since he is a member of the Finance Committee and he said yes.  Individual roll call requested, all ayes, motion passed.

The Third Agreement Regarding Payment Delays was  presented by Leonard.  We have agreed to make an interest only payment on the dredge debt.  This is an official agreement drawn up by bond counsel and Bank Iowa has reviewed and accepted it.  Moiton to approve by Kramer, Burger second.  Individual roll call requested, all ayes, motion passed.

Committee Updates

Finance – no update other than previous information on billings

FEMA and Dam Construction/Timeline – Leonard gave information and said the same information was given in the new Lake Delhi Voice.  FEMA has taken over as the lead federal agency.  We need the federal permit from the Army Corp of Engineers but FEMA has the right to review our application because of their lead agency status.  The FEMA Committee is working with Homeland Security to assist with the information flow to FEMA and to get them up to speed.  Stanley is almost done with Phase II design work and will be giving to the District Trustees for review.  An operating plan and emergency action plan need to go with the DNR  request for permit.  Leonard has been very impressed with Homeland Security and the time they are dedicating to Lake Delhi considering all the other work they have to do this year with the declarations of disaster areas by the Governor.

State/County Legislative – nothing to report

Property Management – Peter gave update as to what  is required for demoliton of  the Peck property, Wright and Wiersma properties.  On the Wright and Wiersma land we will need to fill or get rid of the well and septic tanks.  The District will need to decide if we want to save any of the steel building at the Peck property.  The Wright building is completely down except for the concrete.  The mobile home is just a shell on the Wiersma property.  The electric service has been unhooked by Alliant Energy.  The phone needs to be disconnected by Iowa One Call and we were given permit numbers which we should hold on to.  The only real issue is the location of the  water line at the Rocky Nook properties as we need to make sure we know where to seal it off.    Leonard said in order to record the purchases of the Wright and Wiersma purchases we had to have a form from the County Santitation department signed which gives us until November 1, 2013 to seal everything off.  Our attorney can now do the final recording of the purchase of the properties.  Kramer said Locke wanted to know if we could use the $2500 grant from Rockwell.  Leonard indicated the board needs to have a work session to discuss lake bed cleanup and what we want to do with the Peck property.  Peter reminded the board that there are lifts still in the Rocky Nook lake bed area.  Davidson asked about insurance and Kramer advised that properties with no dwellings are automatically included with our insurance.

Public Comment – Tom McLaughlin said when an audit report is done there are 3 levels of review that can be done with an audit as the hightest level.  Hunt & Associates did a just a compilation which they just pulled the numbers the County Auditor gave them.  He advised it is okay for this year but as we spend more funds we may want to do a more intense review.

Kathy Dubois thanked the board for all work that has been done and the communication to the lake population.

Chip Hughes said as of Jan 1, 2013 the County Assessor raised land taxable values by 150%.  Did Trustees have any conversation with the Assessor before this was done.  All Trustees advised they had no contact.

McLaughlin said people are frustrated that the rebuild is now taking longer than anticipated and the fact is that we are very close and we need to keep our chins up and realize what we have accomplished.  Leonard indicted yes it is important to look at the timeline and to understand all we have done.  Leonard said if there are any road  association meetings coming up, the Trustees will be glad to give details and we will be happy to come to the meetings.

Barb DeKlotz said during the last flood event, some homes almost flooded and she wondered if there was anything that could be done.  Leonard indicated that the water was  6.5 ft from touching the bottom of the gates and the gates were partially open.  There are different points within the river with bends and such that impedes or holds the water flow back.  Peter said Baileys Ford bridge is 59 feet larger than before and he thinks that is where the impact is coming from.   Ken DeKolotz asked if anything was going to be done to Hartwick Bridge and  Leonard said we need to prioritize our dam for the short term and we will continue to have further discussions and be mindful of other long term goals.

Hughes asked if final number had been drawn up wth Turtle Creek.  Leonard advised the County Engineer has come up with another plan to move the road and needs to revise the costs based on this revision.  The previous amount was approximately $600,000 and no monies were available in this legislative session.  The County may have access to other funds/grants.

Motion to go into closed session for discussion and consideration of the terms, strategy and negotiations for the acquisition of interests in real estate for the pupose of restoring the lake and dam per Iowa Code Section 21.5(1)(j) by Kramer,  Davidson second.  Individual roll call requested, all ayes, motion passed.

Motion to adjourn by Kramer, 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, May 20, 2013 – 5:30 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 5:34 PM at Heritage Bank Conference Room.

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

Trustees absent:  Bruce Schneider

Visitors: Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz, Chip Hughes, Dave Larson, Jim Locke, John Carbaugh, Tom Reeves, Ed Schmidt, Eve Peter, Tim Rasmussen, Diane Bauers, Bob Klima, Dave Fry

Agenda reviewed by Leonard. Motion made by Kramer to approve agenda but to move item 11 to  before item 6, second by Davidson.  All ayes, motion passed.

Kray requested approval of minutes for 4/18/13, 4/25/13, 5/8/13 and the amended minutes from the 3/21/13 work session.  Peter made motion to approve, Kramer second. All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000; Simmons Perrine Attorney for $7,616.00;  Alliant Energy for $37.17.  Kramer asked if Burger will review attorney fees and he agreed to bring to the next meeting with recommendation for transfer of amounts to the bond fund.  Kray made motion to accept payments as presented, Davidson second.  All ayes, motion passed.

Kramer covered the financial report and as of April 30, 2013 the ending balance of the General Fund was $87,846.73.   Debt Service fund balance after funds from the county and interest is $341,158.63.  Dam/Spillway project fund balance as of April 30, 2013 is $5,932,538.29.

Leonard said he and Burger met with Bank Iowa today regarding the LDRA dredge payment which is due June 1, 2013.  Had discussion with them regarding property values and that the taxable values have gone up for 2014.  The current amount due is approximately $170,000 and our only source for this payment is the general fund.  Bank Iowa understands this and they will agree to an interest only payment of $42,729.17.  The District will will then have a further conversation in the fall regarding the future and how we will make payments.  Burger made motion to pay the $42,729.17 payment, Davidson second.  Individual roll call requested, all ayes, motion passed.  Leonard then requested an amendment of the motion to say the payment goes to the LDRA.  Burger amended his motion to approve the $42,729.17 payment for the dredge loan to the LDRA, Davidson second.  Individual roll requested on amended motion, all ayes, motion passed.

Kramer introduced an addendum to Resolution 4.18.13 for the automatic payment by the County of our bond payment.  The previous version did not include administrative fees.  Kray made motion to accept addendum, Kramer second.  Individual roll call requested, all ayes, motion passed.

Leonard discussed property acquisition from Gerald and Lois Wright. He introduced Resolution 5.20.13.a to approve the purchase of this property.  Kramer made motion to approve resolution to purchase the property, Davidson second.  Burger said the monies should be paid out of the bond fund because this is for the dam reconstruciton.  Davidson asked Leoanrd to explain why the District is buying this property for the public.  Leonard explained that these are the properties our Engineering firm advised we were required to buy for the  spillway construction.  The Wright and Wiersma(which we will discuss next) properties needed to be purchased by the District.  The purchase price is $60,000 for real estate and the building structure.  Kramer amended motion to approve resolution 5.20.13.a to purchase the Wright property and the funds to come out of the bond fund, Davdison second.  Individual roll call requested, all ayes, motion passed.

Leonard then discussed property acquisition from Rebecca and Ricky Wiersma and Derek Geiser.  Resolution 5.20.13.b was presented.  The property is a double lot and a mobile home sits on the property.  The purchase offer was $90,000 and they have signed the offer.  Motion to approve Resolution 5.20.12.b to purchase the Wiersma property and funds to come from the bond fund by Kray, Burger second.  Individual roll call requested, all ayes, motion passed.

Burger left the meeting at 5:58 p.m.

Leonard explained that Marty Pottebaum owns property adjacent to the north side of the dam and we need to own this property as well for the dam reconstruction.  The Pottebaums have decided to donate the land required to the District. Resolution  5.20.13.c articulates the land donation.    Motion to approve Resolution 5.20.13.c by Kramer, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard then began a discussion regarding the properties purchased and removal of buildings that needs to occur.  There will be no formal action tonight but just discussion regarding next steps for bids.   Peter gave a summary of work he has done.   Pat Colgan and Peter met and agreed that the old office building would make a good office for engineering staff.   They also discussed the rental house but Peter feels we need to keep Colgan in the  loop regarding the house as he may have other ideas.  Peter  plugged the sewer at the previous Peck property and took pictures and sent to the County Sanitation office.  Dave Fink called Peter and said he had stainless steel rollers and that we should pick them up.  Peter thanked Jim Locke for helping him  move the rollers to the garage of the house.  Peter feels the Peck property is unsafe.  The utilities need to be removed on the Wiersma property and the well needs to be sealed.  Peter spoke with Dennis Lyons and we have to have a professional to the work at an estimate of about $400.    Peter indicated that the Amish tore down a home in his neighborhood and we might want to consider asking them for a quote on the work that is needed.  Kramer also said Harbach had been contacted as well.  We will have to do bids so contractors know what we want to keep and what needs to be torn down.  Leonard said we need template for bidding and he will contact Bob Hatala.  Leonard asked Kramer to call insurance company and add all properties to our policy.

Committee Updates

Finance  – Nothing more to update.

Property Management – Nothing more to report

Legislative  – The RIIF bill was recently passed and did include our second $2.5 million and we are just waiting for the Governor’s signature.

Dam Construction Timeline – waiting for the federal permit which involves input from the Army Corp of Engineers, SHPO, Tribal unit and FEMA.  We are working closely with them and staying in touch.

FEMA – Dave Fry is authorized rep and CFO and for the last month has been spending lots of time with Homeland Security and FEMA giving details on our project worksheets. Fry gave an update as to progress.

Public Comment – Ken DeKlotz asked what happened to the 2008 FEMA project and Fry advised that the monitoring report still needed to be addressed.

Ken DeKlotz said dam cost is now $23million and what is the breakdown.  Leonard said the dam original amount was $11.9 million and that has increased to $14.8million on the dam and spillway.  The remainder is the total project scale, restoration of dredging, public access, and siltation control additions.

Barb DeKlotz asked about archeology study because she thought it was all was done.  Leonard explained that work was done and waiting for final memorandum of agreement.

Bob Klima asked why can’t we use the gates already there.  Leonard said they don’t handle enough water volume.

Tom Reeves asked if need to purchase any additional land.  Leoanrd said he is not at liberty to respond.

Dave Larson said from Hartwick Point and their association is proposing a $200,000 sea wall.  People want to know for sure if the dam is coming back and can we give them any guarantees?  Leonard said we think it will happen because he has confidence in our team,at the state and at other levels.

Diane Bauers asked what is the timeline once construction starts understanding we cannot predict weather.  Leonard said if everything was done, he believes it would take about 1 year.  Bauers also asked if there was a timeline for bid letting and Leonard said we have to give the bidders 30 to 40 days.

Motion made to adjourn by Peter, Davidson second.  All ayes motion passed. Meeting adjourned at 7:11 pm.

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, May 8, 2013 – 10:30 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 10:31 PM at Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Peter, Kray and Schneider by phone

Trustees absent:  Burger and Davidson

Visitors: Eve Peter

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

Leonard introduced Resolution #5.08.13 for the County to conduct the District election on July 16, 2013.  Motion to approve resolution by Schneider, Kray second.  Individual roll call requested;  Kray – yes, Peter – yes, Schneider – yes, Kramer – yes, Leonard – yes, motion carried.

Kramer indicated a bill has been received for $538 for taxes plus penalty on the Peck property.  Originally there was a verbal agreement between Hektoen and Peck’s attorney that Peck would have taxes paid in full.  Peck has now said he won’t pay the taxes.  Hektoen and Hatala have agreed to deduct $538 from the next Simmons Perrine billling as this should have been covered in the wording of the sale agreement.  Motion to pay County Auditor $538 for Peck property taxes by Kramer, Peter second.  There is some question as to whether we should be a property tax exempt organization and we have opinions by the County Auditor and our attorney and additional research will be completed.  All ayes, motion passed.

Motion to adjourn by Kramer, second by Peter, motion passed.  Meeting adjourned at 10:38 AM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 25, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

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

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

Trustees absent:

Visitors: Gary Oltrogge, Tammy Oltrogge, Eve Peter, Dwayne Donels, Barb DeKlotz, Ken DeKlotz and Matt Hektoen and Bob Hatala by phone

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

Leonard said in previous work session with LDRA the District published a third amended Memorandum of Agreement for the transfer of property and it has since been rejected by the LDRA. The  District met last week to discuss next steps and how to move forward with the transfer document.  Hektoen and Hatala attended that session and Hektoen put together a new MOA based on the District discussions.  Leonard read the new MOA and explained that the dam, North Beach and South Beach will remain restricted and need to have additional consideration if property would ever be considered moved to a private entity.  Leonard read additional language input by Hektoen which is as follows:

“In the event the District desires to convey the Restricted Real Estate to a party other than a public governmental entity, the District shall first provide written notice (the “Transfer Notice”) to the President of the LDRA, which Transfer Notice shall set forth the identity of the party to whom the District desires to convey any or all of the Restricted Real Estate and any other information respecting the material terms of the desired conveyance (the “Proposed Conveyance”).  For purposes of this Third Amendment, delivery of a notice shall mean the date the appropriate party deposits the notice with the United States Postal Service.  The District shall be entitled to proceed with the conveyance of the Proposed Conveyance unless within 45 days of the delivery to the LDRA of the Transfer Notice the LDRA delivers to the District a written certification, which written certification sets forth that 60% of the then-existing membership of the LDRA voted in opposition to the Proposed Conveyance and is executed by the Secretary and President of the Association.  In the event the LDRA fails to convey such a written certification with said time frame, the District shall be entitled to proceed with the Proposed Conveyance.”

Motion made by Kramer to accept new language, Schneider second.  Burger said he notified the rest of the board that he would  like to see changes.  He would like to see the 45 days extended to 120 days.  Kramer changed motion to accept new language with 120 days and second by Schneider.    Kray said she agreed as it give the LDRA time to get the information to the public and set up a vote.  Peter said easier on seasonal people as well.  Individual roll call requested on motion, all ayes, motion passed.

Burger explained 2^nd change is to add language to show the vote would require a 60% approval of the transfer to a non-public entity.  Burger made motion to approve the 60% approval, Peter second.  Hatala said 60% does seem to change the focus and maybe the District should consider a 50/50 vote or just a majority.  Hatala wants to stress there are questions by the LDRA if this only applies to the dam property, Lost beach and North beach.  Burger said his intent is just for the 3 properties, not the remainder.  Leonard said the existing language protects the Districts interests and he recommends staying with Hektoen’s original language.  Kray said she believes we should change it to 60% approval because it is important to remember the original vote was taken to protect the dam.  Leonard said his concern is it calls for a vote of  just LDRA members. He suggested the LDRA could put the vote out to all property owners/parcel numbers instead of LDRA share holders.  Kramer asked if the Trustees could hold the vote.   Hatala said the District could have some kind of non binding vote.  Hatala believes this is an unwarranted concern because all funding the District would ever receive will require the dam to be held in public ownership.  Kramer said she thinks the language of the original vote by LDRA was not meant to hold us to not being able to sell any properties, that the language was just meant for the dam and the beaches.  Leonard wants all property owners to decide, not just LDRA share holders.  Davidson advised he is in favor of the 60% approval language.  Burger asked if we can do an agreement with the LDRA that we will write in our own rules that we can’t transfer the 3 properties.  Hatala said we could do that but it wouldn’t bind futher boards.  Leonard asked if we could go ahead and change language to show 60% approval of taxing district property owners and Hatala said he didn’t want to craft the language this evening on the phone.  He would like to use the language that exists in the 357E code about eligible voters.  Leonard recommends tabling the motion and give our legal team this direction and ask them to give us a new draft.  Leonard made motion to table this decision, Davidson second, all ayes, motion passed.

Public comment – Barb Deklotz said if this should go to a vote that it should be the people that pay the taxes not the children or any others.

Donels asked where we are with bidding.  Leonard said waiting for governmental agencies to get us what we need.  Governor signed the bill regarding the property easement issues.  Donels also asked if the dam transfer is holding up the progress and Leonard advised yes.

Motion to adjourn by Burger, Kramer second, motion passed.  Meeting adjourned at 7:18 PM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 18, 2013 – 6:30 p.m.

Maquoketa Valley Middle School Conference Room

 The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:37 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Larry Burger

Visitors: Marcheta Cooey Lux, Bob Klima, Bob Galiher, Diane Bauers, Larry Aschenbrenner

Bob Hatala, Matt Hektoen, Bill Hughes, Randy Sweet, Debbie Sweet, Oreh Reihes, Diane Bauers

Agenda reviewed by Leonard. Motion made to approve agenda but to move item 10 before item 11 by Schneider, second by Kramer.  All ayes, motion passed.

Kray requested approval of minutes for 3/21/13, 3/21/13 work session and 4/4/13. Hatala added comments to 3/21 works session.  Kramer made motion to approve 3/21 and 4/4 minutes and  withhold work session minutes, Peter second.   All ayes, motion passed.

Kramer reviewed bills for payment – L&L Consulting for $2,000;  Simmons Perrine Attorney for $5567.00;  Alliant Energy for $16.62.  Kramer indicated there is also an annual insurance premium for property insurance for the  house and office in the amount of $948.00.  The Finance Committee reviewed this billing and felt we might be able to increase the deductible and change the values to reduce our payment.   Currently the house is insured for $130,000 and building for $70,000 but the assessed value is $107,000 for both.   If we change either items on the policy, we will get a credit back.  Motion by Schneider to approve payments as presented, second by Davidson.  Davidson asked  about liability for  the Peck property and whether it was covered but also indicated the property is not secured.  All ayes on motion for payment, motion passed.  Kramer then went through the Stanley billings to be taken out of  the bond fund for $281,115.23.  These billings are service back to June 2012 to the current invoices.  The Finance Committee reviewed all invoices and some will not be reimbursed by DNR because if the work was for  FEMA, the state funds won’t cover that.  We need to approve the total payment and pay Stanley and then ask the state for reimbursement.  Motion to approve Stanley Engineering invoices by Schneider, second by Kray.  Leonard advised we have received the executed contract from the DNR for transfer of the state funds.  Individual roll call requested, all ayes, motion passed.

Kramer covered the financial report and as of March 31, 2013 the ending balance of the General fund was $51,690.94, we received a tax draw of $45,628.21 and after bills were paid, we have an ending balance of $82,142.78.  The balance for the Debt Service fund at the end of March is $300,891.73 and the balance for the Dam/Spillway Project fund is $5,918,811.64.

Kramer introduced the resolution to allow auto payment of the bond schedule which allows the   County to take the bond debt schedule and make automatic payments for us.  Kramer read resolution. 4.18.13.  Davidson made motion to accept the resolution, Peter second.  Individual roll call rquested, all ayes, motion passed.

Committee updates

Legislative committee – the legislature passed our bill that says we can build a dam using existing easements as long as our environment passes 50% more water than it did previously.  They have a high degree of confidence the Governor will sign the bill next week.

Finance – Kramer said nothing more than what was covered prior in her session on billings

FEMA – nothing new

Dam Construction – our bid documents are in front of Homeland Security for review

Property Management – nothing to report

Public Comment – Randy Sweet asked if the bidding process hasn’t started yet, is it possible for any construction to start this year.  Leonard said we are waiting for the Corp permit to start.  Phase II hasn’t been okayed yet.  Final drawings for Phase II should be done in 4-6 weeks.  Those final drawings will go through a final review with the County, FEMA etc.   The ultimate goal is to get the work done as soon as possible but not take our eye off of the ball for completion.  Sweet asked if  we will start Phase I before we receive the Phase II permit/approval – what is the risk?  Leonard indicated that will need to be evaluated by the Trustees.  Leonard said we did receive the fish ladder variance.  Kramer asked about SHPO and if their issues have been addressed.  Peter said he spoke with Pat Colgan and he said it could be a month out.

Debbie Sweet asked about weeds and environmentally what are we doing with the lakebed.  Leonard said the DNR had a lot of input as to what we can use.   She said it was the River Willows that we need to get rid of.   Each neighborhood association needs to be mindful and discuss how work can begin.  Brian Hughes is supposed to be heading up the riverbed cleanup.   Kray can put the DNR documents up on web site so they are easier to find.  Davidson said property owners shouldn’t wait for the Trustees, they should try to get their lakebed work coordinated within their association if necessary.

Bob Galiher said we discussed paying bills for the Engineers and that the DNR would reimburse for all but $94,000.  What does the $94,000 entail.  Leonard explained the FEMA work that we contracted with Stanley for is not covered by the state and we had 2 billings that were done prior to July 1, 2012 when the state money was allocated.

Motion to go into closed session on 3^rd amendment to the Memorandum of Agreement with the LDRA for the acquisition of real estate pursuant to Iowa Code Section 21.5 (j) by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Trustees came back into regular session.  Motion to go into closed session for discussion about the litigation filed by Dave’s Complete Construction and strategy with counsel pertaining to same as allowed by Iowa Code Section 21.5(c) by Kramer,  Schneider second.  Individual roll call requested, all ayes, motion passed.

Motion by Kramer to adjourn, Davidson second.  All ayes, motion passed and meeting adjourned at 9:23 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, April 18, 2013

    6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

1. Call to Order

2. Approve Agenda

3. Consideration and approval of minutes of Previous Meetings

4. Consideration and approval of Payments

5. Review Financial Report

6. Consideration and possible action on Resolution to allow Auto Payment of the Bond Schedule

7. Committee Updates – Finance, FEMA, Dam Construction/Timeline, State-County Legislative, Property Management

8. Public Comment

9. Discussion about the litigation filed by Dave’s Complete Construction and strategy with counsel pertaining to same including upcoming mediation as disclosure would be likely to prejudices or disadvantage the District.  The discussion on this agenda item may be closed as allowed by Iowa Code Section 21.5 (c).

10. Discussion and possible action on 3^rd Amendment to the Memorandum of Agreement with the LDRA for the acquisition of real estate.  Possible closed session pursuant to Iowa Code Section 21.5 (j) to discuss the acquisition terms of real estate.

11. Adjourn

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 4, 2013 – 5:00 p.m.

Maquoketa Valley Middle School Conference Room

The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 5:04 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:

Visitors: Jim Locke, Diane Bauers, Margie Schneider, Gordon Anderson, Pat Anderson, Bob Klima, Bob Galiher, Matt Hektoen by phone

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

 Leonard advised there is a revised Memorandum of Agreement (MOA) with the LDRA after our work session.  Hektoen said we are back to the original MOA in terms as to what land is conveyed.  The only real estate in tracts 1-93 that will be held back by the LDRA is parcel JJ which is a small parcel by North Beach and the LDRA will retain the dredge containment site for further discussion regarding the ‘right of first refusal’ on that property.  The rest will be conveyed to the District.  The original MOA had a restriciton on ownership whereby lake proeprty and the dam site had to be held by a public entity into perpetuity.  Following our  discussion during the work session, only the dam site itself and Lost and North Beach will be subject to that restriction.  In addition, if the District wants, they can follow the same procedure that cities use to sell property which includes public hearings, etc.  Hektoen used April 25, 2013 as the close date to accommodate Mitvalsky’s schedule.  Motion to approve 3^rd Memorandum of Agreement by Kramer and second by Kray.  Hektoen said that once the issues surrounding Parcel JJ are settled the LDRA is subject to send that land to the District.  Davidson asked when the LDRA received the document and Hektoen said he gave it to Mitvalsky on Friday, March 29, 2013.  Locke said he received it on Tuesday, April 2.  Burger asked Locke if he had any questions on the document and Locke said nothing of significance and has no questions of the Trustees prior to the LDRA meeting.  Galiher indicated he was in compliance with what Locke said as he had no particular objection to anything in the document.  Individual roll call requested on the motion to accept the revised MOA.  All ayes, motion passed.  Hektoen left the call.

 Leonard gave background on the agreement with the DNR for funding purposes.  The agreement in front to the Trustees is the result of meetings between the Legislative Committee and the DNR to facilitate the movement of monies between the DNR and the District.  This agreement is somewhat  different from our original agreement with the DNR regarding the initial funding of $350,000.   It outlines the scope of the project and allows for the first $2.5 million must be spent by 2016 and the second $2.5 million must be spent by 2017.  Any project costs are eligible as of July 1, 2012 and Attachment A details what work is eligible.  Wastewater had been taken out but remains on this copy so Leonard will need to initial the word ‘wastewater’ and remove it.  The County Auditor and the County Attorney reviewed the document as we follow county procedures for payments.  The District will make payments first and then will be reimbursed by the DNR.  Within the document there is a requirement to do project updates and Stanley Engineering is aware of these requirements as they will provide the updates and Stanley will make sure work is completed before any payments are made.    Kramer made motion to accept the DNR agreement and Schneider second the motion.  Davidson asked how many contacts we will have at the DNR and  Leonard said George Antonio will be the primary lead for the DNR and he will make sure Dir. Gipp and McGhee will be copied.  Davidson asked what the payment process looked like and Kramer said she receives the invoices, the Finance Committee will review and when done, she scans everything and forwards to the DNR.  Burger said the Finance Committee will review all payments the Saturday before each regular monthly meeting.  Locke asked if our contracts will have progress billing milestones and Peter said there are some progress billings in the RFP document.  Peter said specific progress reports will be demanded in order for those payments to be made.  Individual roll call requested on the motion to approve the DNR agreement, all ayes, motion passed.

 Schneider discussed the storage agreement for the work platform with Darryl Hogan.  The original document had the District name incorrect and had Hogan wanted the start date to remain the same so the contract completes in November 2014.  Burger said we have no obligation that we will sell it to him and Schneider indicated that was true.  Burger made motion to approve the storage agreement with Hogan, Peter second, motion passed.

 Public comment – Galiher asked if the flood plain bill that is being considered.  Leonard said the House approved it, yesterday the Senate committee met and approved it unanimously and now it goes to the floor of the Senate.  Galiher also asked if public access has been dropped by the DNR?  Leoanrd said access is very important and they know it is important to us.  We have to make it part of our plan they have given us more time.  We are working with the County and those discussions will continue.

 Locke said salvaged both boats and we will need to re-register the work platform when we are ready to use it.  Locke also said the LDRA had to buy 250 gallons of LP for the office.  Galiher said there was a package on the outside of the office building and Locke said it is a podium that is used for the LDRA annual meetings.

 Diane Bauers asked what equipment was being stored at Hogans and Leonard indicated it is the work platform or old barge.

 Bob Klima said the agendas come out on the web site in very small print.  Kray said she would enlarge the print on the next posting.

 Motion made by Kray and second by Kramer to go into closed session for discussion and consideration of the terms, strategy and negotiations for the acquisition of interests in real estate for the purpose of restoring the lake and dam.  Individual roll call requested, all ayes, motion passed.

 After closed session, motion to adjourn by Schneider, Kramer second, motion passed.  Meeting adjourned at 6:21 PM.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Thursday, March 21, 2013 – 5:45 p.m.

Maquoketa Valley Middle School Conference Room

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 5:45 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:

LDRA present – Pat Dede, Jim Locke, Bob Galiher, Brooks Ante, Rich Hughes, Dennis Jasper

Visitors:  Don Dede, Garlen Glanz, Dave Nebel, Connie Nebel, Eve Peter, Jerry Ries, Norm Wellman,  Wanda Davidson, Larry Aschenbrenner, Bob Klima, Ed Schmidt, Doug Ricklefs, Margie Schneider,  Carla Becker, Anthony Bardgett, Chris Stender, Marcheta Cooey Lux.

 Leonard opened the work session advising the intent of the work session with LDRA is to come to resolution of the transfer of the dam with the help of the County Auditor and both attorneys from the respective organizations.  Carla Becker, County Auditor,  gave details of the issues regarding the inability to record the original Quit Claim Deed/Memorandum of Agreement (MOA).  One reason was the 38 documents attached to the original Quit Claim Deed were too old and not scannable which is a current requirement.  In addition, the same attachment was recordable in 1972 but they did not meet the requirements of being recordable in 2013.  The 38 pages were too long to retype in its entirety so the District’s Attorney, Matt Hektoen came to Becker  for assistance in getting it recorded.  Becker spoke with Hektoen and Mitvalksy (who was the preparer of the document)  as to their intent so she didn’t breach any of the ground rules.  Becker then worked on the documents and converted it to a 3 page document that she handed out to the attendees.   Some areas changed from the original document when Interstate Power sold the tracts to Shultz.  Included in the 3 page document is tracts 1-93 that is similar to the Quit Claim Deed.  It is a blanket quit claim deed which simply states that any interest the seller may have is being deeded to the buyer.  In a quit claim deed there is no warrant or abstract.  A quit claim deed is what was originally used when Interstate Power originally sold the land to the Schultzs.  When a quit claim deed was used when the property was sold to the Cooeys, the deed only stated tracts 1-93.  Becker believes there is no reason to have attachments as to what 1-93 were in our District’s deed.  Also there are some reservations in the original document that Becker added back in because there was no clarification that the original easements or reservations had been taken away.  The mechanic liens were left in as well as the requirement of the election to only sell the properties to a public entity. The original document from Interstate Power  include property that was is not included in the district. Becker modified the legal descriptions to correct the legal description and to follow the intent of Mr. Mitvalski and the LDRA.  Any property lying outside the district was excepted.  She also amended the legal description for the Turtle Creek area to incorporate the entire track rather than the portion that was being leased to Delaware County Conservation.

 Becker stated that the Quit Claim Deed currently excepts out all land lying outside the district, Parcel EE and its frontage, Parcel AA being the retention area, Parcel JJ (North Beach), lake frontage to Lots 1 & 2 in the Cedars and the Turtle Creek area.  Becker reitereated that she left in all the exceptions that were in the original Quit Claim Deed.  She only corrected the legals for those exceptions.

 In reference to the Turtle Creek area, the original Quit Claim Deed only described the parcels per the lease with Delaware County Conservation.  That means the legal only went to the center of the road and bridge.  Becker indicated that if there is going to be public access in that area, it would be easier if only 2 entities were involved instead of 3.  That is why she changed the legal, on the advice of the attorneys involved, to include the entire tract of land in this area.  Becker was asked for an exact legal description of what was still owned of this tract for use on the right to purchase.  While doing research she found an original document between the LDRA and another party that was ambigious.  This transaction which occurred early in the 1970s was trying to sell a tract which was frontage and its adjacent “frontage” but didn’t quite get the task accomplished. Becker referred to the irregular piece of property on her aerial view and indicated this was the tract she is speaking of.   This transaction was done via a quit claim deed and it did not require an abstract. Her suggestion for the Turtle Creek area is to have it surveyed since it is being looked at for public access and will eventually be deeded to the county.  However, she does not feel a survey is necessary prior to deeding to the District.

 Becker then asked permission from the Chairperson to give the floor to Delaware County Engineer, Anthony Bardgett.  Mr. Bardgett offered the services of County Land Surveyor Brad Burger to complete the requested survey in the Turtle Creek area.   They have already done some initial work on it but need approval from the LDRA and the Trustees to do any further work.  Leonard asked if the transfer happens between the LDRA and the District will it  have any bearing on the outcome.  Becker explained that for the original transfer between the 2 entities it wouldn’t be an issue because we are using a quit claim deed and that is giving the District interest in the land and no more.  She explained eventually the County would feel more comfortable knowing where the lines are.  Leonard indicated this was a great offer from the county and thanked Mr. Bardgett.  Davidson asked if the survey should be done before the transfer and Hektoen  said if the LDRA is going to quit claim deed the properties there is no reason to delay the transfer.  Leonard asked what is the timeline to do survey and Bardgett said the monuments used to do the survey are covered in snow so they have to wait for the snow to melt.  Jerry Ries said he would like to see the land surveyed before it was turned over to anybody.    Becker said if the LDRA takes the exception out of the Quit Claim Deed then the County would deal with the District on the Turtle Creek land.  The land would need to be surveyed before deeded to county, but it doesn’t need the survey prior to the transfer between the LDRA and the District.

 Becker feels there are only two (2) parcels which she feels the LDRA should except from the transfer; Parcel AA and Parcel JJ.  Parcel AA is the retention area and has a first right of refusal attached to it.  Parcel JJ is located at North Beach is the LDRA has been negotiating with Strauser to exchange the Parcel for access.  Because there are incumberances to these parcels, she would ike them to remain excepted from the transfer.  Becker than said there is only one other issue and that is why the LDRA is retaining property that is not in the district boundary and is that something the LDRA wants to retain as it could be a benefit to the District because of dredging or other items.  Hatala said there has been an underlying  concern by the LDRA  if the district can own property outside of its boundary and Hatala said doesn’t think it is an issue.  The 357E statute says the District can own property to carry out its mission.  Leonard asked if  it was Becker’s opinion that it makes sense to send as much as possible to the District.  Becker suggests to only have one entity to negotiate with property owners.  Hatala said if the District is held to the same standards as counties and cities and he doesn’t think it makes that big of a differnece because cities vacate alleys and such all the time and is not uncommon that they are usually transferred to an adjacent property owner.

 Rich Hughes asked about the current MOA and to make sure he understands the issues.  Leonard asked Becker to confirm in her opinion and knowing what she does about the issues, what is the most cost effective and efficient way to get the land transferred.  Becker said she is not an attorney, but in her opinion the  least amount of exceptions in a document the easier it becomes and it would give the district more flexibility.  Parcell EE is the one she keeps coming back to. The way it is currently surveyed is not how the property owners will most likely want it transferred which means if it is excepted from the transfer, then the property owners will need to deral with both the District and the LDRA.

 Leonard asked Hektoen in his opinion what was the simplest way to move forward.  Hektoen believes that the LDRA should convey as much real esate as possible at one time.  Mitvalsky says the LDRA feels the same way but they have had reservations but Becker has made good points in her discussion.  Burger asked what the LDRA concerns are and asked if  we take Turtle Creek and have it surveyed before giving to county, does that take care of it.  Burger understands that the board of the LDRA wrote the wording for the shareholder vote but believes the intent was most people did not want anyone sitting on a board to sell the dam.  Burger asked if we put in the MOA tha the District can’t sell dam without a public vote would that work and if the LDRA is concerned about Lost Beach and North Beach, add them as well.  Locke said lets go through all the properties;  Turtle Creek –  wouldn’t hold up the transfer;  Parcel JJ which is access to north beach and if it is only frontage, it isn’t a problem but if not should we wait until the problems are resolved;  Parcel EE – Locke said he would like to clarify more with Carla and said he thought maybe it is best for the LDRA to retain it and then pass it to the District. Becker indicated she doesn’t believe Parcel JJ could be sold as “frontage.”  As long as frontage could be described as frontage that parcel would not require a survey.  Locke said could do a quit claim deed and he doesn’t have same the same concern w other properties.  The issues with the Harbach property would be easier if only one party negotiated.

 Burger asked if we could move property into the District boundaries like was done with the Hughes property.  Becker said yes, but to remember once it goes in, it cannot come out of the boundaries then.  Rich Hughes said the issue also is what can happen 10 years from now.

 Hatala said he believes we can allow the transfer of the propetry with the MOA but amend it to say the dam site would require a sale to a public entity.  Mitvalsky said he believes he understands but does it allow for an election.  Burger said he would lean towards having more details so a future board wouldn’t sell it.  Mitvlasky said members would convey their wishes with an election approval for sale.  Burger said the LDRA knew the frontage sales would not be done by the time the dam transfer took place so he doesn’t think the intent was to tie the trustees  hands so they could never sell frontage to adjacent property owners.  Burger said he also wouldn’t want to see Lost Beach or North Beach sold either.  He would not be opposed to adding in the MOA a clause to except out the dam, North and Lost Beach but allow to sell frontage and other areas.  Locke said Turtle Creek could be an issue but the District would convey it to the County.  Leonard said he would echo what Burger said and that we change the MOA with that understanding.  There will be situations where we may need to work through and need the ability to transfer properties.

 Davidson asked if the LDRA has an objection to that.  Mitvalsky said there is a laundry list of properties and containment site may be another one to hold out.  He believes there is an issue wth a transfer outside of the district, and whether or not the district has authority to own outside of its territory.  Mitvalsky continued that the 357E Iowa codes is a very unique chapter of code and said it hasn’t been used much.

 Dede asked how FEMA plays into this.  Leonard said it was made pretty clear in the monitoring report that the dredge site should be owned by the district.  He understands that can’t be done right away but everything else can be.  Mitvalsky asked if the dredge containment site is within the geographic boundaries of the district.  Becker said the property was split into 2 parcels because one is within the district and the 2^nd is not within the boundary.  Dave Fry said Iowa Homeland Security has been very clear that the district should own the containment site.

 Hatala said the next step would be to write an amendment to the MOA that brings in some of these ideas and see if we can get that going and it would be limiting the revision to the dam site and the 2 beaches.

 Burger left at 6:57 pm.

 Becker said she will be there to help  get the document the way both parties want it and help to get it recorded.  Locke said it was never the intent to hold back property and the only reason there were exceptions is because of concern from the LDRA lawyer and he hopes the public understands that.  Rich Hughes said he would like to move forward and whichever makes it quicker.  Brooks Ante and Dennis Jasper said agree that we want to transfer the properties.  Becker said the legal description references tracts 1-93 because it was a blanket quit claim deed just like the original transfer from Interstate Power years ago.  It is intended to be all encompassing and cover any remaining interest in the property the LDRA originally received.

Davidson asked who would draft the MOA and Hektoen indicated he would do it.

 Leonard asked if further comments from the Trustees and there were none.  Leonard thanked all who participated.  Peter made motion to adjourn, Schneider second.  All ayes, motion passed and meeting adjouned at 7:08 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 21, 2013 – 5:00 p.m.

Maquoketa Valley Middle School Conference Room

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

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

Trustees absent:

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

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

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

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

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

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

 Committee updates

Finance committee has no report.

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

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

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

 Property management Committee had nothing to report.

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

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

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

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

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

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

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

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

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

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