Minutes from 11/19/15

The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees

Regular Meeting

November 19, 2015

6:30 PM
Lake Delhi Trustees Administration Building

Delhi, IA

 

The regular meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Vice President Todd Gifford at 6:32 PM.

Trustees present: Gifford, Davidson, Burger, Colgan, Kramer, Herman, Leonard (by phone)

Trustees absent: None

Recording secretary: Shelley Kallenbach

Visitors present: Larry Peter, Eve Peter, Ed Schmidt, Jim Locke, Becky Willey, Jim Willey, Don Dede, Pat Dede

Motion to approve the posted agenda as read was made by Herman, seconded by Davidson, motion approved.

Motion to approve the October 15, 2015 and November 4, 2015 meeting minutes was made by Burger, seconded by Herman, motion approved.

Kramer presented payment claims for approval. From the General Fund, a total of $2,256.13 for electricity, lobbyist, and furnace inspection expenses was presented. From the Debt Service Fund, a total of $421,312.43 for payments to GCI and Stanley Consultants was presented. Herman motioned to approve the payments as read, Colgan seconded, motion approved.

Motion to approve a request to Delaware County for reimbursement for invoices paid by the District for the spillway rebuild in the amount of $208,137.59 made by Burger, seconded by Davidson, motion approved.

Motion to approve a request to the Community Fund to Rebuild Lake Delhi for reimbursement for invoices paid by the District for the dam rebuild in the amount of $188,796.70 was made by Colgan, seconded by Davidson. A rough estimate of the balance remaining in this fund was requested. It was estimated to have $700,000 remaining after this request. Motion approved.

Motion to approve a request to the Lake Delhi Recreation Association for reimbursement for invoices paid by the District for the dam rebuild in the amount of $22,967.14 was made by Colgan, seconded by Herman. It was confirmed that these are donations that were made after the breech designated for the dam rebuild, and it includes the full balance of the account. Motion approved.

Kramer read the financial reports. The General Fund had revenues of $14,326.63 from Delaware County and interest, and expenditures of $32,634.93 for LDRA donations, miscellaneous expenses already approved, and the Turtle Creek West/Linden Acres cost-share, ending October at $254,470.92. The Debt Service Fund had revenues of $32,601.22 from Delaware County and no expenditures, ending October at $277,345.60. The Dam/Spillway Project Fund had revenues of $1,059,239.66 from Delaware County, the DNR, and the Community Fund to Rebuild Lake Delhi, and expenditures of $1,281,901.03 for Phase 2 payments and engineering payments, ending October at $3,423,208.01. Burger motioned to file the financial reports as read, seconded by Herman. A rough estimate of the dam rebuild costs once finished was made at approximately 15.1 million, and a rough estimate of funds remaining after the rebuild was made at approximately $400,000. It was confirmed that a draft of a high-level summary of project cost totals and remaining balances has been made and a finished product will be available at the next meeting. Motion approved.

The Board considered possible action on filing a Declaratory Judgment action related to the dredge site. This has to do with the need to transfer the lake dredge site from the LDRA to the District as required by FEMA. The owner of the land has the right of first refusal in the event of a resale and desires to exercise this right regarding the transfer. It is the Board’s opinion that this transfer is not a resale, and negotiations to this effect with the owner have been unsuccessful. A Declaratory Judgment would be a civil action and the legal costs associated with it would depend on the owners’ response to it. However, the district stands to lose money from FEMA if this transfer does not occur, it is in the Districts best interest to pursue the issue. Herman motioned to hire the attorney that has assisted the District in the past to file a Declaratory Judgment that the owners’ right of first refusal does not apply to the transfer of the dredge site from the LDRA to the District, seconded by Colgan. It was confirmed that if the judge rules in favor of the owners, the District will not be responsible for the owners’ legal fees per Iowa law. It was stated that FEMA has been cooperative in waiting for a resolution to this situation, but as all attempts have been unsuccessful, it is necessary to issue this judgment to keep the process moving in the case. Motion approved.

The Board considered possible action on a matching request from Turtle Creek Cove.

Dan Reyner presented the Turtle Creek Cove project proposal. The proposal currently presented to the Board is a project that would dredge the cove to a depth of 8 feet, totaling an estimated 10,000 cubic yards of material at $6.50 per cubic yard, as well as create a sediment trap at the entrance to the Cove to prevent sediment from the creek from entering the lake. The seventeen property owners involved in this proposal are willing to contribute $1,200 each to the project as their 20% of the project and request the Board to match the project at 80%. The Cove also proposes that the Board take over maintenance of the sediment trap. Reducing the dredge to 6 feet would make the project costs approximately $60,000 as another landowner is willing to take much of the sand for an existing private project. It is the Cove’s opinion that the Cove should be considered a sediment trap, and the proposed project would present considerable sediment reduction and management for the entire lake.

Colgan motioned to enter into discussion regarding the proposal, Davidson seconded. Discussion was opened.

General thanks to the Turtle Creek Cove for the work to present this proposal and unify so many property owners. It was agreed that the Board was in favor of the sediment trap as it relates to preventing sediment from entering the lake, assuming appropriate easements and rights to reach the trap, as it would benefit all residents. The isolated cost of creating just the sediment trap was identified to be $25,000.

Leonard expressed the opinion that though some may consider this a private cove, the Board should support efforts at siltation control at a lower price than what would be possible after lake fill, which would save taxpayer funds in the future. Others expressed concerns about the dredging portion of the project beyond what is required for the siltation trap only as being an expense that does not benefit the entire lake. Others believed that in return for the Cove’s cooperation on building the sediment trap, the Board should also do something for the Cove itself. Reyner expressed the opinion that the Cove itself is a sediment trap for the entire lake in reference to a 50-year or 100-year weather event, and as such dredging of the Cove would benefit the entire lake. It was confirmed that the lake has been dredged in the past, and that dredging in 2005 included the coves.

Herman motioned that the District contribute a sum not to exceed $40,000 to the Turtle Creek Cove proposed project, paying for the sediment trap first, with the remaining balance to contribute to Cove dredging upon the conditions that the residents contribute $1,200 each and the necessary easements for the District to clean out the sediment traps as necessary, Davidson seconded.

Several board members disliked the percentage split for this motion at 33%. Herman believed that the percentages should be different because the project has greater benefits to the residents of the Cove than to the residents of the entire lake. Leonard stated he wanted to see an 80-20% cost share.

A vote was held regarding Herman’s motion. Votes were tallied as follows:

 

Colgan: No

Burger: Yes

Davidson: Yes

Herman: Yes

Gifford: Yes

Kramer: No

Leonard: No

Motion approved.

Reynar was asked his opinion regarding the residents’ willingness to accept this proposal. Reynar stated that the residents would not be interested in the project with these terms at a 33% cost share when the difference is $8,000.

Burger stated that other dredge projects at the 80-20% split added to the recreational and safety value of the lake, and he does not feel that is the case in the Cove.

Colgan motioned for a project total not to exceed $60,000 that would cover the sediment trap first to a depth of 8 to 10 feet, then go toward other Cove dredging at their discretion, bearing in mind that 4-5 feet is sufficient for recreational boating, with the project at an 80-20% split with the Cove residents, Kramer seconded. Jim Willey from the public requested that the Board do an 80-20% split and pay for the sediment trap.

Colgan amended his motion to be a 80-20% split project not to exceed $50,000 paying for the sediment trap first followed by dredging of the Cove with the expectation of appropriate easements for the Board to access and maintain the sediment trap, Leonard seconded. Individual votes tallied as all yeses, motion passed.

Herman rescinded his original motion, Kramer seconded, all approved, motion rescinded.

The Board considered possible action on Bruce Schneider’s matching request in the amount of $32,100. This is for a dredge project that has already been completed and yet to be done.

Davidson motioned for a funded amount not to exceed $30,000 for work completed and work yet to be done using an 80-20% split, Herman seconded.

It was agreed that the work remaining for this dredge project amounts to approximately 4,000 cubic yards of sediment in order to create an average of between 7 to 12 feet depth. Concern was expressed regarding the recreational and safety benefits for this project, as well as the fact that it is asking for reimbursement after the fact, which sets a new precedent. A desire for additional sediment amount measurements by Lidar was expressed.

Davidson amended his motion to table possible action on Bruce Schneider’s matching request until more information can be obtained by Lidar, Herman seconded, motion approved.

The Hartwick West project was not yet prepared to present regarding their project match request. Burger motioned to table the Hartwick West project, Kramer seconded, motion approved.

The Board considered possible action on the North Beach cleanup and stump removal. This area has had some mechanical and hands-on cutting, but there are still a great deal of willow stumps that will be a significant safety hazard once the lake fills as the water will only go 2 feet above them. An estimate of $1,500 to remove the stumps has been obtained, assuming the ability to use non-asphalt roads to travel to the site.

Herman motioned to approve project funding not to exceed $2,000 for North Beach cleanup and stump removal if the Board can get agreeable access to the site location, Leonard seconded, motion approved.

The Board heard committee updates.

The Lake Bed Cleanup Committee had a hand-cutting day a few weekends ago in areas that are not machine accessible. It was very successful, and appreciation was expressed to those who came and helped. Cleanup is going very well with only a few small pockets remaining.

The Dredge Committee recognized a property owner who has done shoreline work and removed 200 dump trucks of sediment from the lake at his own expense and at no cost to the community.

The Dam Construction Committee states that construction is ongoing 6 days a week with lights to work into the evening. GCI will only take one day off for Thanksgiving, one and a half for Christmas, and one for New Year’s Day. The stop log hoists have arrived and will soon be placed. The emergency diesel generator will be started on December 14th. Colgan estimates the project completion date to be in January.

The Water Quality Committee has sent in a packet of information with proposed thoughts regarding a water quality initiative going forward, which will be reviewed and looked at in more depth in the coming month. The Board is going down the path of creating the Maquoketa River Watershed Management Authority in cooperation with many different stakeholders along the Maquoketa River to create agreements for high water quality.  This Authority would help water quality to be a more connected effort and not just a “Lake Delhi” effort. Lobbyists will be engaged next session for funding regarding the Authority.

The Funding/Finance Committee had no updates.

The Legislative Committee had no updates.

The floor was opened for public comment.

Ed Schmidt asked what the large white x’s in his fields were. It was confirmed that those were for spotting for the upcoming flyover mapping.

Jim Willey stated that there is information regarding 5 feet being the appropriate depth range for recreational boating and believes the Board should not pay for dredging beyond that. He stated that the Board needs to be fair to all taxpayers and consider what has been done in the past.

Larry Peter stated that if the Board opens up cost shares to retroactive projects, it will be a bad precedent. He also asked regarding easements to put lines across the dredge site property should it be transferred to the District, and it was confirmed there is a legal easement for the pipeline and outflow.

Jim Willey stated he remembered there being language that said the dredge site could be transferred between organization types. Such language has not yet been found, and it was suggested to look into past meeting minutes.

No further public comment.

Davidson motioned to adjourn, Kramer seconded, meeting adjourned at 9:02 PM.

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