The Combined Lake Delhi Recreational Facility and Water Quality District
Thursday, May 19, 2016
Lake Delhi Trustees Administration Building
The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District was called to order by President Steve Leonard at 6:34 p.m.
Trustees present: Leonard, Davidson, Herman, Gifford, Colgan and Kramer
Trustees absent: Burger
Visitors: Jim & Becky Willey, Renee Strief, David Weatherwax, Doug Camp, Ken & Mary Kray, Lou & Sue Christensen, Jeff Madlom, Don Dede, Jim Locke, Bill Havertape, Bruce & Margie Schneider, Chloe Colgan, Bill & Marcheta Lux, Barb & Ken DeKlotz, Ben Pasker, Mark Kintzle, Chip Hughes, John LeClere and Jared Landt
Leonard reviewed the agenda and asked for approval that would include an additional agenda item. That agenda item was for an update from Jeff Madlom, county supervisor, regarding an update on information regarding the proposed ATV ordinance. Motion by Davidson, second by Gifford to approve agenda with additional item. Motion carried.
John LeClere, Delaware County Sheriff, and Jared Landt, Conservation Officer for Delaware & Jones County, gave a presentation to the board regarding future patrolling efforts on Lake Delhi. LeClere explained that a couple of years ago he was informed by county employees who had attended meetings with the DNR that the seasonal water patrol was probably going to be eliminated at Lake Delhi. He said he found that very concerning because the DNR always had a pretty strong presence at the lake. Knowing that the DNR personnel has been spread pretty thin the Sheriff’s Office decided it was time to acquire a boat so that office could patrol the water area as well as the land area in the county. He noted that many other counties in the area utilize the sheriff’s office to patrol water areas such as Clayton, Dubuque, Linn and Black Hawk counties. LeClere said he began having discussions with the Board of Supervisors noting there are lots of people wanting to get back out on Lake Delhi and with the additional public access the lake will get very busy. After talking with the DNR this spring, they confirmed that it was very unlikely that they would be able to patrol the lake. He mentioned that the number one priority of the Sheriff’s Office is public safety. They don’t intend to patrol the lake seven days a week writing tickets for every little thing. They will be looking for reckless behavior and boating while intoxicated. He’s had several deputies attend class on a boating while intoxicated and will continue to work with the DNR to keep people safe on the lake.
Jared Landt, conservation officer for Delaware and Jones counties, introduced himself. He has 5 ½ years experience seasonal enforcement before he started as a fulltime conservation office for the past six years. During that time he spent 3 ½ years working on Lake Delhi so he’s familiar with the area. He assured those in attendance that the DNR is not eliminating patrols on Lake Delhi. However, their presences will be limited because of the reduced staffing. This affects not only Lake Delhi but other lakes in the state as well. Landt stated he will be the primary DNR officer for this area and will utilize the assistance of the sheriff’s office when needed. The main focus for the DNR at this time is the enforcement dock permits. He agreed with LeClere that the focus of patrolling the lake will be boater safety. Landt stated that the DNR will not have a boat slip but will be trailering their boat which is a flat boat and as well as a shared Princecraft that was purchased from Hartwick but is also shared with Linn County and Coralville. He stressed again that the DNR presence will be limited and they will utilize the help from of other agencies like the Delaware County Sheriff’s Office. Any special events on the lake will take priority. Those events must be approved by the DNR so they are aware of them.
Leonard asked Jeff Madlom if he had any comments. Madlom stated that from the supervisors’ perspective, Lake Delhi is a part of Delaware County. The county has to take responsibility whether it’s a paved road or a lake. With the limited resources of the DNR, he feels it’s important for the safety of the lake to have a presence there and that’s why he approved the purchase of a boat for the sheriff’s department. He also stated he felt by having a presence on the lake it would help deter reckless behavior on the lake. Leonard stated the most common question he’s gotten is “Is there going to be an additional cost to Lake Delhi for this additional service?” LeClere stated there will be no additional cost to the lake. Madlom stated that just like the county fair or other events going on in the county that require extra law enforcement presence, it’s the responsibility of the county to pay for the additional enforcement. Davidson asked if the boat that’s going to be used will have markings on it. LeClere said yes that it will probably say “Delaware County Sheriff” but they haven’t put the markings on it yet. Davidson also asked if there will be increased patrol presence the first year. LeClere said the first year will be critical. For the first year there will be a lot of unknowns. There’s no way to know the kind of crowds there are going to be. They will base their presence upon what they see. Gifford asked if the checklist of sheriff’s office would be the same as that of the DNR. LeClere said he doesn’t anticipate stopping people for every little thing. The primary focus will be public safety. Landt stated that they need to establish a presence so people on the lake know they are out there. A question was asked if they see someone on the lake behaving in a reckless manner who would they call? Landt said it’s always a 911 call. The dispatcher will notify the appropriate personnel. He also stated that this is why the dock permitting is so important. Another question was asked regarding the boat and if it would have a light and siren and also how big of a motor it has. The answer was yes it will have a light and siren and it has a 75hp motor. Leonard thanked LeClere and Landt for coming and expressed his appreciation to both the DNR and the Sheriff’s Office for working with Lake Delhi to resolve past issues and their cooperation moving forward.
Jeff Madlom was asked to give a short presentation on the proposed ATV ordinance that is being reviewed the the county supervisors. He stated that the supervisors have been working on this proposal for about eight months. They’ve been working a group of about 80 people from the ATV/UTV Club in Delaware County. The supervisors have also been reviewing ordinances from other counties and came up with what they felt was the appropriate ordinance for Delaware County. They’ve had two readings so far. The third reading will be at their next meeting on Monday, May 23rd. If you agriculture you don’t have to follow this ordinance. Those people are governed by the State of Iowa. If you are recreational you will follow this ordinance. The ordinance requires turn signals, headlights and taillights that are working and on all of the time. A slow moving sign will not be required but a six foot flag will be required or a flag one foot above the vehicle. He stated they had questions from people asking why the ordinance included turn signals when Buchanan County doesn’t require them. Madlom stated that as county supervisors they want to make sure everyone is safe and that’s why they will be required. He also mentioned that you have to be at least 16 years of age with a driver’s license in order to drive on a county road. People will be allowed to drive on all Class A roads and hard surface roads. The only roads you cannot drive on are Class C roads but there are only a few of them in the county. If you are under 18 years of age, you have to pass a safety course and carry that certificate with you until you reach 18. A question was asked about when the vehicle can be on the road. The answer is only daylight hours will be allowed. Proof of insurance is also required and the vehicle must be registered with the DNR through the Recorder’s Office. A question was raised about the Amish and are they governed the same. Madlom stated they are slow moving vehicles because they travel under 35 mph and must have the slow-moving sign on their buggies. A questions was asked if the ordinance covers golf carts. The answer is no. Madlom also stated that the ATV vehicle must have a speedometer so the driver is aware of how fast he/she is going. A question was raise this ordinance governing an ATV being driven on private property. Madlom stated that this ordinance covers any areas that are under the authority of the DNR. The only place these vehicles are not allowed on in county parks. The county conservation board has as right to set their own rules regarding ATVs and right now they are not allowed in the parks. Leoanrd asked if the Trustees could get a copy of the ordiance if and when it’s passed. Madlom stated it’s currently on the county’s webpage. Once it’s published the first week in June, the ordinance will be in effect. That is dependent on if it’s approved the supervisors. A question was asked if the ordinance specifies whether the vehicle can to a three-wheeler or a four-wheeler. Madlom said it could be either and that there are also weight limits listed in the ordinance. Leonard thanked Madlom of his presentation.
Motion to approve the April 21, 2016 and May 7, 2016 meeting minutes was made by Gifford, seconded by Davidson. Motion carried.
Kramer read the payments for approval. Claims from the General Fund in the amount of $3,406.07 for electricity, property insurance, phone/internet service, copier maintenance, FY15 audit service and lobbyist expenses were presented. Claims from the Dam/Spillway Rebuild Fund in the amount of $385,503.61 for dam operations, Phase 2 payment, RNA septic work, and engineering services were presented. Davidson asked a questions regarding the number of meters we have with Alliant Energy. Kramer stated we have three meters. One at the house, one at the office and one at the dam. We currently have a credit on one of our accounts because we are being refunded for a hookup fee. She also noted that GCI will be reimbursing us for the cost of the electricity used at the house. We will receive a credit for that amount once they are finished. Herman motioned to approve the payments as read, Gifford seconded. Motion carried.
Kramer presented the financial reports. The General Fund had revenues of $9,312.65 from Delaware County and expenditures of $3,193.12, ending April at $267,909.28. The Debt Service Fund had revenues of $21,229.77 from Delaware County and expenditures of $359,323.75 for principal and interest payment, ending April at $12,105.15. The Dam/Spillway Project Fund had revenues of $90,403.96 which included the final reimbursement from Delaware County for $88,111.23, and expenditures of $351,040.02, ending April at $3,329,247.13. Herman motioned to receive and file the financial reports as read, Gifford seconded. Motion carried.
Kramer reviewed the compilation report received by Hunt & Associates for FY2015. It is a summary of our assets and liabilities. The report states that the Board did not make disbursements exceeding their FY 2015 certification. It was noted that because our review with Hunt & Associates is handled through the county, our expense for that service is much less than if we had to hire our own firm. Herman made motion to approve the compilation report from Hunt & Associates, Colgan second. Motion carried.
Leonard presented a request to submit an engagement letter to Piper Jaffray. The purpose of the engagement letter is to ask Piper Jaffray to review the District debt and interest rates. There’s no cost for this service and the engagement request does is non-binding. Under federal law any underwriting firm must have an engagement letter in order to review our bonds. Herman wanted to confirm that there is no cost to the District nor is there any obligation to the District to engage with Piper Jaffray should we decide to pursue the refunding of this debt. He also commented that our call date is down the road and that the purpose of engaging with Piper Jaffray is to see if it makes sense to go to the market now. Herman stated that he felt if it is determined that we should that we should go to the market, the District should look at proposals from Piper Jaffray and others as well as Speer Financial and others to decide what makes the most sense of who to deal with. Motion by Herman to approve the engagement letter, second by Davidson. Motion carried.
Leonard presented some background information on the consideration to demolish the lake house south of the dam. Currently Stanley Engineering is using the lake office. General Constructors is using the house while working on the dam project. Leonard described the house as generally uninhabitable in terms of anyone actually living there. It’s in poor condition as best. The District has a great need to enhance public access and this would be a good opportunity to demo the house and enable additional parking. With the planned portage for kayaks and canoes as well as a walking trail for people to fish below the dam, we will need to provide extra parking. We also have intentions to put the Wall of Recognition near the spillway. Kramer provided information regarding the cost to demolish the house and garage behind it. She contacted Randy Harbach to provide a quote that included the demolition of the house and garage and the removal of all material. His quote was $10,000. He also noted that the siding on the house is slate which indicates that there is asbestos in the siding and that would have to be contracted with an asbestos firm for removal. He was unable to contact the firm he works with but Kramer asked him for his best guess at the possible cost and he said he thought $5,000 would be a good estimate. Kramer also contacted Oasis Plumbing to take a look as the well which is located in the basement of the house. They gave her a verbal quote of no more than $2,500 to remove the pump from the house and place it in the lake office. They would also raise the well and make sure the water line to the office is secure. Leonard asked for a motion to move forward on the project. Herman expressed a concern that the District should seek out a second bid on the demolition. He also said the asbestos inspector that Randy Harbach uses is the same that the City of Monticello uses which is Environmental Inspectors out of Dubuque and they do excellent work. He noted the window of opportunity to get an inspection done is small because most asbestos inspectors get very busy once school is out so it may be best to at least get started with the asbestos removal while we get a second bid on the demolition. Colgan said he felt that the house needs to be demolished and he supports the idea of getting the asbestos removed as soon as possible. A question was asked about the cost to insure the house. Kramer said we are currently paying $770 a year for it to be insured. She also mentioned that while we can get a second quote on the demolition, Randy Harbach will likely be the least expensive because of his proximity to the dam. She also mentioned that she asked Luke from Oasis Plumbing for a quote to take the house down and he said he wouldn’t touch it because of the asbestos. Davidson made a motion that we hire a contractor to remove the asbestos and come back and revisit the demolition later on. Herman seconded the motion. Herman said he would be happy to make some calls to other demolition contracts to get bids prior to our next meeting. He also knows of other asbestos contractors and would make those calls as well in the event the Dubuque firm is unable to do the work. Davidson revised his motion to move forward with the asbestos removal at a cost of no more than $6,000, Herman seconded the motion. Gifford asked if the motion should include the statement that the intention is to tear down the house. It was agreed that the intent should be included in the motion. Davidson again revised his motion to move forward with the asbestos removal with the intent to demolition the house after we receive other bids. Gifford seconded. Motion carried.
Leonard gave some background on the next agenda item which was for approval of a quote for rock and sand mitigation at Lost Beach. Leonard has reached out to Rich Hughes who owns property right behind Lost Beach. Rich told Leonard he has done some mitigation work just downstream from Lost Beach and he suggested the District look at mitigating the reduction of sand once the lake comes back. Leonard and Colgan both went down to look at the site and after reviewing the area they came up with some options. One included taking the old concrete piers from the dam site and move them to Lost Beach or get bigger boulders to place on the beach. Leonard explained that at this point we don’t have enough information to make a decision. Colgan has reviewed the option of moving the concrete piers and it was decided they are just too heavy to move. Leonard stated that if the Board is interested in purchasing the material Rich Hughes had the machinery at the location to put the boulders in place. Since we do not have any quotes available, Leonard asked for a motion to table this item until our next meeting. Colgan made the motion to table, Kramer seconded. Motion carried.
There were no change orders received from GCI so a motion was made by Herman, seconded by Davidson to remove this item from the agenda. Motion carried.
The next agenda item was for consideration of payment to Groth Services for the water/sewer hookups that was done for the Rocky Nook Association. Kramer explained that this payment request is the second and final invoice from Groth for the work that was contracted between the District and the Rocky Nook Association. The total contract for the work was $47,000. The amount of this invoice is $22,760. Gifford made the motion to approve, Kramer seconded. Motion carried.
Leonard presented a proposal from Groth Services to pump and fill five old septic tanks on the Rock Nook Association property. He explained that this is for work that the District agreed to provide. The proposal is for $5,500. Colgan asked if this fulfilled our obligation to the Rocky Nook Association and Leonard stated that was correct. He noted that the Rocky Nook Association has signed off on the project. Davidson made the motion to approve the proposal, second by Colgan. Motion carried.
Bruce Schneider presented his request for reimbursement for lake bed work. He removed approximately 2500 yards of sand at a cost of $5.00 per yard from the sand ridge that runs from the inlet of the cove upstream to about 400 feet in the middle of the lake. He is removing 2-3 feet of sand to bring a boating level to about 5 feet. Herman asked how much of the sand has currently been taken out. Schneider stated that at this time he has taken out 700 yards with 1800 remaining. Leonard asked the cost of the project. Schneider said the total cost is $12,500. Gifford asked if there was a reference on the cost per yard. Schneider stated he looked at county charges to come up with that dollar amount. Leonard noted that most of the board members had a chance to visit the area. Herman said he’d been there at least four times and there’s been a considerable amount of work done. The only thing he has struggled with is coming up with the value of the black dirt that Bruce removed and has stockpiled for possible use or sale. He noted that this request specifies the removal of sand and by visiting the site he has no doubt that a significant amount of work has been done. Herman said that if the Board approves something he would like it to be contingent upon a final inspection to show the final account of the material removed. Gifford said he would like to have Bruce keep a log of the amount of truck loads of material he removes. Colgan stated that he and Kramer both visited the site the Saturday prior to this meeting. He stated he has gone on record at previous meetings that he does not support any of these lake bed projects because he felt the money needed to be directed to rebuilding the dam. He noted that two months ago there was still a lot of work to be done on the dam and we were dealing with possible flooding issues that could have had a huge impact on the project. Since that time all the concrete work has been done so those concerns have been eliminated. He also stated that with all the work done to this point we are very close to filling the lake. This limits the time remaining for Schneider to complete the work. Colgan said he felt the price quoted by Schneider is justified. Leonard commented that he had visited the area and that Schneider had followed the criteria given by the Board. Leonard said he was amazed by the amount of material that Schneider had taken out and the value to the District for the work he had done. He also mentioned that there is a difference from this request and other projects given the fact that Schneider is doing the work himself and not hiring it done. Gifford asked if there’s a way to measure the output of material to quantify the amount in order to provide a final cost of the project. Leonard asked for suggestions on a motion to approve. Herman said he would make a motion to pay Schneider $60 per truckload with Bruce keeping track of the number of truckloads and turning in a signed statement verifying the amount. The motion also includes having the District take a measurement of the material and then make a payment not to exceed $12,500. Leonard wanted to clarify that this is an 80/20 cost share so the not to exceed figure is 80% of $12,500. Gifford seconded the motion. Leonard asked Schneider if he would be okay with anyone from the community coming down to view the area that he’s been working on even though it’s a private lane. Schneiders’ said they would like people to call them first. There being no further discussion, Leonard asked for a vote. Motion carried.
Leonard reviewed a request to the IDNR to put the Lake Delhi District on their public lake list so the District can be eligible for the lake restoration program. He explained that the IDNR has a public lake list and Lake Delhi has never been on the list. It’s important for Lake Delhi to be on that list for a variety of reasons. Since we are a public lake we should be on the list and by being on the list it allows us to have access to funds, grants and additional resources that are provided to public lakes. The letter requests two things. First, to put us on the public lake list and secondly to be part of the lake restoration program. We have received funds through the lake restoration in previous years but the criteria has changed in terms of requirements. Those requirements include two things. One is that we are a public entity which we are. The other is that the watershed ratio cannot be above 200:1. Even though our watershed ratio is greater than that figure we are asking for them to consider us for the program. Leonard noted that we recently got a new bill signed this last legislative session that allows the District to be a voting member for the Watershed Authority which deals with water quality and water management. Many federal and state dollars will fund projects for water quality. The amount of funding has also increased over the past six years. In 2010 the total amount of funds available was $3,000,000. That amount has increased to $8,000,000. By being on the public lake list, we can lobby for more funding. Leonard asked for a motion to sign and send the letter to Director Gipp of the IDNR. Colgan made the motion to approve sending the letter, Gifford seconded. Motion carried.
Leonard asked for committee updates.
Lake Bed Cleanup: Kramer noted that she was informed of some willows downstream of the Linden Acres area. Gifford said he would investigate it and see about removing the trees. Leonard stressed the need for the lake residents to remove and trees in their area or call the Trustees so we can make arrangements to get rid of the trees.
Dredge: No update
Dam Construction: Colgan explained that all the concrete work is done. What’s left is earthwork on the south side. All of the work is done on the downstream side. As of today, the soil for the remaining earthwork tested positive so for the remainder of the week and this weekend, there will be a lot of work being done to finish up and then they will be able to remove the cofferdam. If the water level continues to drop, we will be able to shut the two sluice gates. We’re hoping to have Jon Garten, the state dam inspector, out the first week in June to verify that everything we built was to the plan specifications. If he gives us his approval, we can lower the gates and start filling the lake. A 2”-3” rain would fill the lake in about four days. Colgan said filling the lake is dependent upon how much rain we get. If we have a dry period, it will take longer to fill. He also mentioned that even though we will have dam operators, we will have Lunda Construction under contract for any maintenance work and we will also be under contract with Rotork for work and warranty on the actuators. Colgan spoke about the concerns regarding Gate 2. Lunda Construction was out last week and pulled the screw auger, actuator and gearbox. Colgan described the damage that was done and that parts and repairs could several weeks. In the meantime, Bill Holman from Stanley Engineering got approval for us to close Gate 2 provided we install two 10-come alongs to be able to manually lift the gate if there was ever that need. Colgan had Marty Pottebaum and his helper do a practice run and they were able to raise the gate one foot in five minutes. Colgan reminded everyone that the spillway has a capacity of 39,000 cfs. Each gate has an additional capacity of 10,000 cfs. Having one gate not operable is not an issue. He also stated that all the repairs for the gate parts are under warranty. Leonard shared that in talking with Lunda Construction, they are taking the lead on getting Gate 2 repairs and working with the other contractors including Linita and Rotork. Colgan also wanted to note that Brian Monk will be doing the necessary work to protect the pre-historic fish weir that is in an undisclosed location. One of the few requirements from the Corp of Engineers is that this area be protected. That work will be completed this coming Monday.
Water Quality Update: Gifford noted that once the lake is back, water quality testing will begin. He has talked to Iowa Water which is part of the DNR and is working on getting a training session set up. He will then work to reassemble the Water Quality Team and will be looking for volunteers to serve on that team.
Celebration Update: Leonard explained we have between 25-30 volunteers who are working on plans for a celebration event for the weekend of July 23 and 24. July 24th is the sixth anniversary of the breach. On July 23rd, there will be 3-4 locations on the lake that will host food vendors, music, games for kids and adult as well as a version of a poker run. In addition, there will be fireworks that evening on the south side of the Dam. More information will be coming in the near future.
Funding/Finance: No updates
Legislative Update: No updates
Leonard opened the meeting to public comment. Jim Willey asked if the North Beach area work was going to be completed. Herman said he had been in touch with several contractors and that we have one contractor willing to do the work and it should be done very soon. Jim Locke asked if we knew how much the $6,000,000 debt was going to cost once it’s been paid in full. Without having the debt schedule available, it was thought that the cost would be around $9,000,000. Locke also asked if, once the lake is back, would shallow areas be marked. The board will be looking at this issue when the time comes.
There being no other public comment, a motion to adjourn was made by Gifford, second by Herman. Motion carried. Meeting adjourned at 8:37 p.m.