The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Special Meeting
October 18, 2012 – 6:30 p.m.
Maquoketa Valley Middle School Conference Room
Delhi, IA
The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:30 PM at the Maquoketa Valley Middle School Conference Room in Delhi, IA.
Trustees present: Peter, Kray, Schneider, Leonard, Davidson, Burger, Kramer
Trustees absent: N/A
Visitors: Jerry Ries, Jim Locke, Pat Dede, Don Dede, Sue Christiansen, Lou Christiansen, Ken DeKlotz, Barb DeKlotz, Ed Schmidt, Wanda Davidson, Bob Hatala, Matt Hektoen, Chip Hughes, John Carbaugh, Paulette Carbaugh, Dave Fry
Davidson made motion to approve agenda, Schneider second. Leonard added agenda item under Property Management Committee as Update of Easement Rights. Davidson changed motion to include item under Property Management. Motion passed.
Kray requested approval of minutes from 9/20/12 meeting. Motion to approve minutes by Burger, second by Schneider. Motion passed.
Kramer discussed payments required from General Fund – ICAP for $5,019.00 (Liability Insurance), L&L Consulting for $2,000.00 (Lobbyists) and Simmons Perrine for $24,791.53 for attorney fees. Finance committee will review attorney fees to see what can be paid out of bond fund. Payments requested from Bond Fund – B&J Hauling for $3,150.00 (Transfer of Dam gate parts), Tegeler Body & Frame for $375.00 (Move work platform) and Stanley Consultants for $69,833.30 (Task 1.6) and $31,129.41 (Task 1.7) All payments but Stanley can be paid. Leonard said Stanley willing to wait on payment until further decisions made. Leonard made motion to pay all bills but Stanley Consultant’s bills. Burger said could we approve. Leonard amended motion to pay all bills as presented but hold off paying Stanley Consultants until decision as to what fund to pay out of. Burger says we should wait on attorney bill until funds are determined. Hatala said if have guidlelines they can break out bill for bond fund and general fund. Leonard said finance committee can work with attorneys and give guidelines. Motion amended to approve all payments represented but hold of off paying Stanley Consultants until further information and finance committee will work with attorneys on how bills separated and will wait to pay attorney until funds separated. Burger second motion. Individual roll call requested, motion passed.
Kramer discussed financial report. Current balance is $158,326.37 and report includes tax draw, interest and expenditures approved last month. There were no disbursements from the Debt service fund but $116,471.25 interest payment is due 12/1/12 and current balance is $197,313.76.
Burger discussed meeting with Bank Iowa on Tuesday, October 16th which included Trustees and LDRA members. They asked for an extension on payment for interest and principle. The bank agreed previously to suspend payment on the interest until October 31,2012. The bank agreed to a payment of $67,145.83 on Nov. 30, 2012. There is another interest payment due in December 2012 but Bank Iowa also agreed to hold that payment until June 3013. This team will meet with them in April 2013 after the Trustees certify their budget and bring up to date on cash balances. Burger spoke with the county assessor and the assessed value in the taxing district is about the same as last year and hasn’t gone down so our income should be about the same. Burger made motion to pay $67,145.83 to the LDRA to enable them to pay the interest only dredge payment by October 30th, Schneider second. Leonard said Bank Iowa is a key stake holder in the restoration of the lake. If the restoration is delayed, the bank is at a greater risk because property values will continue to go down. Davidson asked their contact at the bank had to take this negotiation to a bank committee and Burger said he did get a call that approval was received. Individual roll call requested on the motion, all ayes, motion passed.
Fry discussed RFP request for FEMA grant administration assistance. Iowa Homeland Security meeting discussed all processes and documentation to effectively manage grant and capture all the funding. Whatever we do we will be looked at with scrutiny because of the previous audit. We will most likely have an audit by the Inspector General after our current work is complete. Because of time requriemetns and dollar amounts involved, the District previously talked about the need for administrative help – not just a pure volunteer effort. Fry has drafted an RFP to get professional help in this regard. The RFP has been reviewed by Hatala and Tim Marienau from Homeland Security. Hatala said need to follow CFR and need to identify which considerations for the RFP and how they will be weighted in our decision. He believes we should add the applicant’s experience and cost will be given greater weight than other factors under Proposals on second page. Burger asked if we have to take low bid on architecture and engineer. Cost is a factor but not a deciding factor. Fry said we should also do a public notice in a newspaper. FEMA requires some kind of publication. Kray asked if Manchester Press was sufficient and if there are guidelines on dates to be used. Burger asked Fry if Homeland Security would have a suggestion for a publication. Fry said our RFP is pretty unique, and doubts if the Manchester Press would be seen by possible bidders. Fry suggested putting the notice in the Des Moines Register or CR Gazette. Burger suggested the Register. Kra made motion to approve moving forward with the RFP for FEMA adminstrative position, Kramer second. Fry asked for authorization to correct FEMA disaster number as it is incorrect. Fry said date open on the RFP because not sure on minimum timeline and should set precedent for where the District wants the replies to be sent. Leonard said would like County Auditor to receive bids. Hatala said it was a good idea to have a public place for the bids to be dropped off. Kray said ask for references in proposal so have when evaluating. The next Trustee meeting is on Nov. 15th so we should ask them to be due in the Auditor’s office by Wednesday, Nov 14th or date chosen by county auditor that works for them. Bids have to be opened at our meeting. Make sure we ask for hard copy returns and do not allow faxes. Kray restated the motion to approve moving forward with the RFP for the FEMA administrative assistance to include Dave Fry changing the FEMA disaster number to 1763 and to include request for refereces and the statement under proposals that adds ‘experience and cost will be given greater weight than other factors’ under Porposals on second page with delivery of bids to Auditor’s office on November 14th or date subject to Auditor approval and opening of bids on the regularly scheduled meeting on November 15th. Kramer second, motion passed.
Committee updates
Finance has nothing to report other than Bank negotiation which was discussed earlier
FEMA – Fry said had at least 3 different onsite meetings with FEMA and Homeland Security in the last week. One was for an exam of the dam site, one for North Beach and Lost Beach and the third to look at the siltation. They also asked to look at the containment site. The visits have been from the Engineer in KC where the FEMA regional office is located and also from an Environmental person who looked at the siltation. Fry believes they have a good handle of what we are dealing with. They were able to see the work platorm before it moved and then also saw it after it was moved. Fry said they have asked for a lot of information and they continue to give them what they ask for. Holman’s group from Stanley Consultants has been working on a number of projects, one takes the dam site and breaks it down into components because FEMA’s approach is they have to set a baseline. How much was 2008 vs 2010 flood – important because the local match is different on each of those. Replacing whatever we lost back to status when it was damaged. In our case, we designed more in the dam than what we had with modern day standards so we have to break down costs. Identify what would it cost to replace as it was, which we can’t do because of codes – or what would it look like wtih minimum codes and standards and then third category is above minimum code. Stanley is building spreadsheet to break down costs. Siltation and dredging is another project. Obtained information from Roger Mohn as to what siltation damage was in 2008 and then look at 2010 and then using lidor study to look at all of it. Have identified at least 4 projects or buckets. Dam site itself is one, dredging and siltation is the second, the work platform is third and fourth is beach repair. There may be a couple more as Tim Marienau and Fry have been discussing emergency protective actions/costs, for example, what cost did we incur at time of disaster for public safety. Last category is looking at development and engineering and breaking it out as its own category so can maybe capture some of those monies. Leonard thanks Fry for staying so active and keeping everything moving. We know he has dedicated a lot of time. Burger asked about out of state RFP respondents and if Fry will be the boots on the ground for them? Fry said doesn’t always have to be at Delhi.
Dam Construction – Peter talked to Pat Colgan and Bill Holman about whether we are capturing all of the smaller stuff. He went over the old portion of the dam to see if Stanley has it in the quote. The 3 of them started out having a teleconference call and Peter created a big library of pictures. Will also be history for us as we move through the project. It is a color coded manual and should make it easier for us. Safety and OSHA could cause problems. Spent time with state OSHA representative and she is sending a book to Peter. Automation and safety hooks, hand rails, hazardous matierials, were all reviewed. Staging was discussed with County Engineer and Garlan Glantz with County Conservation and they may be willing to close off the highway but there is no commitment yet. Peter asked Holman if there is a centralized de-icing system and is waiting for his answer. Peter also asked Holman to look at automated controls and interlocks, and how we record the raising and lowering since they are electronic. Do we need calibration on any of the equipment and what spare parts should we have on hand. Peter also reviewed what he saw during the movement of Steel Fab equipment and the items that wil have to be dealt, for example there are some oil leaks. Some items reference outside vendors had to provide equipment so Holman has those specs. Other items Peter has been listing are warning lights on the spillway and how we keep junk out of the ropes. Also some miscellaneous items such as PLC training, hoop building, chainsaws and such. Bill Holman and Pat Colgan can go through the lists and determine if the items are covered.
State-County Legislative – Leonard actively communicating with Legislators and key stakeholders with updates. They are in support of our efforts as it relates to funding and permitting. Legislative session will be starting soon. Lobbyists are very active and busy in our support. Final Archeology report should be ready in the next week or 2. Fry said should have archeology report to give to FEMA next weeek. DNR has forwarded their concerns to us and we will have meetings with them shortly. Delaware County is a key stakeholder and Leonard thanked Jerry Ries, Delaware County Supervior, that was present and thanked them because all departments within the county -Treasure, Attorney, financial and non-financial and giving advise. Jerry Ries said the Supervisors are still working with their bonding attorney to complete. Ries said at times there is a question as to whether the County is behind us and he indicted they are but at this point they can’t do much more as they have the right personnel involved with our tasks. Property Management was discussed by Hatala. He indicated how helpful Carla Becker is. Time tonight is gratis – there is nothing to decide tonight. Our argument is that this is not like a new dam and can do whatever they want, it is a number of properties are owned by different property owners. One of the items that the DNR regulates is the pool level and we are asking for a variance as to the DNR definition of ‘top of dam’. We would prefer the pool level be at the 100 year flood plain level. We have a lot of different properties that we will need additional flood plain rights and dredging rights. It varies by the type of work that has to be done. Have to ask for easement to flood property. It is like 800+ different real estate transactions. Not all property descriptions are easy and it requires some review to be done by legal professionals. Volunteer opportunities will be the process of getting signatures. Hektoen said imagine a map of the lake and all friends and neighbors we need to understand what we need to know. Have to identify each parcel that is at or below the 805 ft elevation. Once parcels are identified, they have parcel report that gives lead as to what is legal descripiton. DNR says have to have specific legal descripiton – identify book and page and pull up document and do an easement document. County recorder only digitized the last 5 years so a lot of parcels that haven’t been transferred will be on paper and as a result they will need to physically go to County Recorder and this will be handled by their paralegal that charges hours at a lower rate. Will have to print out each and every deed on line. Exact work has to be done professionally. We are currently in the process of identifying the properties involved and they are 4/5 of the way done. The majority of Legal descriptions should be able to be done online but there are some that will have to be done at the Recorder’s office. The legal team started the project as soon as could tell the DNR wasn’t going to budge. Peter asked how far up stream boundary lines are? Hektoen said the farm land that is adjacent to the lake will need to be done as well. They are not sure how the leased land will be handled yet. It depends on what the individual lease says so will have to look at those individually. It is the owner of the land, the building and the banks that hold mortgages that will most likely have to sign the easement. Locke suggested using road associations and that they can help. Burger asked if the requirements are the same if decision on top of dam is the road or the 100 year flood plain. Doing most of the work on top of dam but because of terrain it is about the same. Kramer asked how much more time will this take. Hektoen said it is hard to get an estimate but the hard work is being done by assistants and then the attorneys review them. Kray asked if it was possible to negotiate the price of this task. We need an estimate for our budget? Burger asked if could one person stop signature. Hatala said yes, but the rule also says if use reasonable efforts so we are hoping that term will apply.
Update on work platform – Davidson asked if got agreement from Darryl Hogan for storage and Schneider advised not yet. Davidson wants to make sure we get it in writing that Hogan will store for free but that it also continues to be our proeprty. Schneider said no bill from Randy Toomin yet for the hauling of the work platform but it should be about $100 to $150. Leonard said the move went well and thanked Schneider for his work. Schneider’s work with his tractor should be tracked as we can use this towards matching funds.
Public Comment – Ed Schmidt asked about the easement – if the property gets flooded is the District protected and Hatala confirmed yes.
Jim Locke asked if when the Steel Fab equipment was moved did Peter see stainless steel rollers that were provided by Modern Hydro. Peter said no didn’t see any. Modern Hydro said they delivered them to the Fink property and they are about 3 ft wide. Peter said didn’t see anything.
Barb DeKlotz said having trouble with minutes. Minutes are in adobe format. We will get minutes posted on lakedelhi.org.
Fry said FEMA asked for photographs of work platform and the beaches. Steve Leoanrd may have some or Marty Pottebaum. Also if any pictures of when it was moored. FEMA wants a predisaster picture. They will check with Darryl Hogan.
Motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes of restoring the lake and Dam. This will be a closed session pursuant to Iowa Code Section 21.5 (j) by Schneider, second by Burger. Individual roll call, all ayes, motion passed.
Motion to adjourn by Schneider, Peter second, motion passed.