The Combined Lake Delhi Recreational Facility and Water Quality District
Special Meeting
Thursday, August 6, 2015
6:30 PM
Lake Delhi Trustees Administration Building
Delhi, IA
The special meeting of the Combined Lake Delhi Recreational Facility and Water Quality District was called to order by President Steve Leonard at 6:30 PM.
Trustees Present: Leonard, Kramer, Gifford, Davidson, Colgan, Herman
Trustees Absent: Burger
Recording Secretary: Shelley Kallenbach
Visitors: Larry Peter, Eve Peter, John Carbaugh, Ed Schmidt, Don Dede, Pat Dede, Nancy Hurt, Bob Galiher, Lola Galiher, Dan Reyner, Larry Aschbrenner
Motion to approve the posted agenda was made by Davidson, seconded by Kramer, motion approved.
The Board held the yearly election of officers.
Gifford motioned to combine the clerk and treasurer role into one role and nominated Kramer for the new combined position, Leonard seconded.
Discussion was opened. Colgan expressed several concerns about the motion. He stated that he feels it is important for the mail including bill receipt and payment to be by separate people as is now the case with a separate secretary and treasurer positions. This organization was set up four years ago to have appropriate oversight and build integrity into the organization. Leonard explained that this combination is not permanent and can be switched back at any time depending on the trustee or the Board needs. In addition, Leonard stated that Carla Becker and the district attorney have been consulted regarding the combination. Becker stated that it would be much simpler to work with one person in the combined role and reminded the Board that the County Auditor provides oversight as the audit processor of all the Board’s payments. The District Attorney also stated that there were no restrictions or segregation issues in the Iowa Code to prevent such a change. Concern was expressed about the additional workload for Kramer. Kramer explained that the recording secretary now fulfills the majority of the clerk role, so this would not be a significant workload increase but would increase role efficiency. Leonard stated that the responsibilities of the roles would not change, the County provides oversight, and Kramer has been responsible for many clerical functions for some time. Herman stated that he does not feel this is a checks and balances problem, and also that he has worked previously with organizations that have combined these roles. It was reiterated that this change does not need to be permanent and can be modified at any point. Leonard asked if any other trustee had an interest in taking the clerk position and no one showed an interest. Kramer added that the only additional duties added would be the posting of the agenda and the minutes. Gifford amended his motion to combine the clerk and treasurer role for one year, and to nominate Kramer for the new position, Leonard seconded, all ayes, motion approved.
Colgan motioned to nominate Leonard for the president position, Gifford seconded. It was agreed that Leonard does a significant amount of work for the lake that no one else could do. All ayes, motion approved.
Leonard motioned to nominate Gifford for the vice-president position, Kramer seconded. Leonard stated that the vice-president role is not mandated by the Iowa Code, but was created to have an alternate individual to run meetings in the absence of the president. However, he feels the role has grown to have an alternate individual aware of the vision and goals of the Board to step into place in the president’s absence. He also stated that he feels that Gifford has earned a promotion to this position due to his significant involvement with the lake, including work with the legislature that obtained more than 5 million for the project, leading the lake bed cleanup, and taking on a significant time commitment, and as such feels that Gifford would be appropriate for the role.
Discussion was opened. Concern was expressed that this changed the power balance on the Board, and that it may not be appropriate to do in Burger’s absence. It was stated that Burger runs a good meeting in Leonard’s absence, but it was felt that the role should be about more than just running the meeting. It was confirmed that all trustees have had to make significant time sacrifices to be available for meetings and other work. Gifford stated that he would be happy to help with any opportunity to contribute to the lake restoration and is interested in the role if it was felt it would strengthen the Board. All ayes, motion approved.
Colgan motioned to approve the July 23, 2015 meeting minutes as posted, Davidson seconded, motion approved.
The Board considered possible action on Stanley Supplemental Agreement #35 in the amount of $15,000. Colgan stated that this is due to some additional work Stanley completed that already resulted in a credit that was discussed at the last meeting. Some engineering work was required for the storm sewer reroute and the elimination of the downstream retaining wall. This led to an overall cost savings to the Board. Kramer motioned to approve Stanley Supplemental Agreement #35, Leonard seconded.
Discussion was opened. Davidson expressed concerns about seeing the billable work hours for these supplemental agreements. Kramer advised that the billable hours are on the invoices. Possible options to make the invoices and other information about the supplemental agreements easier to follow were discussed. All ayes, motion approved.
Kramer presented claims for payment. Claims in the amount of $2770.27 from the General Fund for electricity, auditor warrants, storm water discharge permit, recording secretary, entrance keys, lobbyist, and legal fees were presented. Claims in the amount of $306,340.70 from the Dam Spillway Fund for the Turtle Creek project, two Phase 1 payments, and engineering services were presented. Claims in the amount of $375,600.27 from the Dam Spillway Fund for Phase 2 payment were presented.
Discussion was opened. More detail was requested regarding incidentals, and it was confirmed that Stanley Engineering should be able to provide that information. A test audit of incidental expenditures was suggested. It was asked if a storm water discharge permit was still necessary if it was not currently used for that purpose. It was believed it was important to renew this so that it would not be unavailable once the dam reopens. Herman may call the DNR to confirm the necessity. Kramer motioned to approve the payments, Davidson seconded, motion approved.
Kramer presented the financial report for the month of June. The financial report for the month of July will be presented at the next meeting. The General Fund had revenues from Delaware County and previously approved general expenditures to end the month at $187,716.94. The Debt Service Fund had revenues from Delaware County and ended the month at $22,711.74. The Dam/Spillway Project Fund had revenues totaling $1,164,580.92 from the DNR and Delaware County, and expenses totaling $665,104.73 for Phase 1 and Phase 2 payments, as well as engineering expense, ending the month at $3,929,526.65. Leonard motioned to approve the financial report as presented, Herman seconded, motion approved.
Colgan motioned to approve a request to the DNR for reimbursement in the amount of $186,481.85, Gifford seconded, motion approved.
Herman motioned to approve a request to Delaware County for reimbursement for the spillway rebuild in the amount of $210,577.28, Davidson seconded, motion approved.
The Board considered approval of Hunt & Associates for the FY15 compilation report. This is the same firm that the county uses, which allows for significant cost savings since the firm is already used to the Board’s formatting. This is the same firm that the Board has used previously. Colgan motioned to approve using Hunt & Associates for FY15, Gifford seconded, motion approved.
The Board considered possible action on changing the Agent of Record from TrueNorth to PDCM Insurance. TrueNorth has been the insurance agent of record to communicate with the trustees regarding their ICAP insurance. However, the Board has begun working with PDCM Insurance out of Waterloo during Phase 2 via the Phase 2 contractor, and the Board feels they provide products and services that better fit the District needs. The switch will not change the insurance policy coverage. Leonard motioned to approve the transfer, Kramer seconded. Herman expressed issues he has had previously with ICAP as an insurer, and the trustees will look into potential cost savings with a different provider. Motion approved.
The Board considered possible action on Resolution #8.6.15 to reconfirm the prior appointment of the LDRA as the administrator of the 2008 FEMA grants. This was done years ago following the 2008 floods, but the paperwork regarding this is not available and is needed to finish up these FEMA grants. Action is required to give the necessary information to FEMA. Leonard motioned to approve Resolution #8.6.15, Colgan seconded, motion approved.
The Board heard committee updates.
The Finance Committee had no updates.
Colgan presented Dam Construction updates. Phase 1 is now complete, as Lunda has installed the stop logs and has demobilized. Phase 2 is ongoing. Clay from a nearby farm is currently being delivered and compacted in preparation for sheet pile cutoff wall which is the next step. Leonard stated that he and Gifford had a meeting with the GCI project manager and reiterated that the Board and the community’s expectation is that the dam will be complete and ready for lake fill by this fall despite the 4-week setback from the temporary cofferdam breach. The Board wants to make sure that GCI is doing everything they can to meet this expectation and also deliver high-quality results. The project manager and GCI owner have been on site the past two days and they are very mindful of the timetable. Progress has been going very well since the last update.
Leonard presented Legislative Committee updates. The Committee is currently working on the preliminary stages of obtaining additional funds for siltation mitigation, and will work to move that forward as quickly as possible.
The Property Management Committee had no updates.
Gifford presented the Lake Bed Cleanup Committee updates. The Committee had a great volunteer event with over 100 volunteers bringing in their own equipment to take down trees and debris. More machine cutting will be done in early fall. Another large event to clean up what is left will be held at a later date. Gifford was pleased with the turnout and thanked the community for their great show of support.
The floor was opened to public comment.
Bob Galiher asked if the $350,000 available from the county for the Turtle Creek project is part of the $2,999,999 million total. It was confirmed that it is in addition to the $2,999,999 million.
Bob Galiher asked about the status of the use of the community-raised donations. It was confirmed that those funds have not been expended at this point. However, the state allocations are almost fully expended. The community will soon see their donations being put to use in the very near future. Requests to use this money will be made in a similar manner as the DNR and county fund requests. The fund advisers will be consulted to any request. When funds begin to be used, the community will be able to see the amounts on the Trustee website. Reimbursement from the Community Fund will also goes through the county auditor’s office. It was noted that plans are also underway for the Wall of Recognition design and placement. The community is encouraged to donate in the near future if they would like to be included on this wall.
Eve Peter asked how many pledges were outstanding. Kramer stated that the community has collected 1.5 million of the requested 1.7 million, with 80% pledge fulfillment.
Lola Galiher asked for an update on the status of the old office. It is currently being used as the Phase 2 project office, but some LDRA material is still inside.
Lola Galiher asked about the status of the direction of the LDRA. The Board reiterated that they are ready to meet over any proposal for roles that the LDRA wishes to present in the near future. There are many tasks required and the Board will do them out of necessity if no proposal is made. Time is running out to make any plans, so the Board is waiting for any proposals from the LDRA.
Dan Reyner from the LDRA stated that they have met partially but not as a whole to make a proposal. They are hoping for input from the community, possibly with a survey, but this has not occurred yet. They will look into publicizing their meetings in the Lake Delhi Voice.
Davidson motioned to adjourn, Gifford seconded. The meeting was adjourned at 7:45 PM.