Minutes for Trustee Special Meeting – January 10, 2013

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, January 10, 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 6:30 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Burger

Visitors:  Pat Dede, Ed Schmidt, Marcheta Cooey Lux, Bob Klima, Randy Rattenburg, Jerry Ries, Garlan Glanz, Norm Wellman, Eve Peter, Bob Galiher, Bill Hughes, Chip Hughes, Bob Sack, Tom McGlaughlin and Pat Colgan via Skype

Agenda reviewed by Leonard. Motion was made by Kray, second by Kramer, to approve meeting agenda.  Leonard recommends taking items 3 and 4 off of the agenda and move those to a meeting on Saturday, January 12, 2013.  Kray amended motion to remove 3 and 4 and to have Coumty representatives speak at meeting this evening, Kramer second. All ayes, motion passed.

Delaware County representatives were at the meeting and Leonard thanked them for their participation in our work to recover the breach.  Norm Wellman said the County sent out 80 questionaires for the Wastewater Inventory request and they have received 56 back.  Based on questions and what they have received back, they are looking at some very minor changes.  The latitude longitude question seems to be the biggest problem but they are using the Beacon web site to get those numbers.  Lyons is at the annual state Wastewater meeting and plans to share the information we have so far with the DNR in Des Moines.  Tom McLaughlin asked for a review of the questionaire.  Leonard explained the wastewater inventory request.  Kray advised remainder of requests to go out by 2/1/13.  Wellman said will be reviewing and look at results of questionaires and that the DNR is very supportive in working with the District and the County in the short term and long term with results as well.  Leonard echoed the same thoughts.

Garlan Glanz from County Conservation added that the letter from the DNR dated in September 2012 asked members to work on solutions for public access. A committee was formed which includes  Trustees, DNR, County Services, Supervisors, the Engineer and County Conservation and they have had 2 work sessions.  The group has developed 6 projects to improve public access and all are at the Turtle Creek recreation area.  Leonard said the group is working with the DNR and there may be a grant available and that the County Conservation with the DNR is submitting those requests.  The boat ramp, vehicle trailer parking, restrooms, courtesy docks and canoe and kayaking can be covered by this grant.  Leonard reveiwed plans submitted to the legislators and that the District amended both plans and the Trustees approved the latest public access plan at their last meeting.

Leonard asked Pat Colgan to walk through Supplemental Agreements 16, 17 and 18 from Stanley Engineering.  Agreement #16 relates to the archeology study that was done.  There are some requirements for a report to document existing structures and is an agreement between The Corp and SHPO(State Historic Preservation Office).  This is the last requirement of the archeology study.  Stanley went out to bid for this work and are considering 2 companies and will award the work to the most qualified.  Work will be done 1Q 2013.  Motion to approve Supplemental Agreement #16 by Kramer, second by Peter.  Leonard asked Colgan that $20,000 was a not to exceed and Colgan confirmed that.  This is for an agreement between state and federal agencies.  Individual roll call requested on motion, all ayes, motion passed.

Agreement #17 was discussed by Colgan and this is required to cover ongoing costs of work by Stanley for permitting and the study for fish passage and property easements.  These costs are additions that were never anticipated.  Motion to approve by Peter to accept Agreement #17 with the not to exceed $15,000 clause, Kramer second.  Individual roll call requested, all ayes, motion passed.

Stanley Agreement #18 was discussed by Colgan for monies to complete Phase II design work in the amount of $100,000.  This amount was in the original scope that was quoted.  Phase I has been complete since last August.  This will take the drawings to 90% complete and then the drawings will be given to the Trustees and DNR for comments.  After comments, then the drawings are completed to 100%.  Kray made motion to accept Supplemental Agreement #18 and second by Davidson.  Kramer asked about the dollar figure and Colgan said it is pretty well documented that this is what it will take to finish the drawings.  Individual roll call requested on motion, all ayes, motion passed.

The fish ladder waiver request was discussed by Colgan.  Iowa code states that no structure can be built without fish passage unless a waiver from the Director of the DNR is received.  After our first request, the DNR asked for additional information and this letter is providing that.  The biggest problem is we have a 40 ft. dam and there is no documentation on how to provide a fish passage at that height.  Colgan read waiver request and advised we have a letter from University of Iowa personnel attached in support of our request for waiver.  Motion to approve presented document by Kramer, Peter second.  Individual roll call requested, all ayes, motion passed.

Timeline for reconstruction was introduced by Colgan.  He prepared the document to include all the critical activities required to bring the lake back by late 2013 or 2014.  Usually in large projects there is a schedule like this.  It is a management document to track how we are doing and not miss anything.  Colgan started with what needs to be accomplished in 1Q 2013 and the first item is the FEMA issues.  Currently he is not spending a lot of time on this but is waiting to see what will happen with FEMA and if they will continue to authorize this project.  Additional items of the project that need addressing is funding and financing to include the county funding, state funding and how we will handle cash flow issues.  Permit issues and  construction and contractual duties/issues also were discussed.  In addition we need to do some work with Steel Fab and they need to inspect the equipment and will need to be part of Phase I construction.  Colgan went on to discuss 2Q 2013 events which include receiving the final permit from the DNR.  We will need to do a public notice on construction.  It is an opportunity for everyone on the lake to see what we have planned.  There will be time for public comment and the process will be a little easier than Colgan originally thought.  We will also need to do an operating plan and an emergency action plan.  There is a lot of work to do in the next 3 to 4 months.  Peter said he has a list as well.  Colgan said each item has infinite detail and as we move forward we need to determine how we will work with this report and get into the detail.  We will need to do management action that allows us to move on.

Public comment.  Bob Klima said he doesn’t understand why we can’t build the dam without a fish passage because it is an existing structure and it is a rebuild.  Leonard said there has been a lot of discussion regarding this but believes the Iowa code doesn’t distinguish between new and rebuild.  We are working through all of this in cooperation with the DNR.  We will be forwarding our waiver request that was approved this evening.  The request doesn’t preclude us from doing passage in the future.

Ed Schmidt asked about the 3 companies for FEMA Administrative work and who we chose.  Leonard said we most likely will not proceed at this point until further input from FEMA on our project.  Leonard said Pat Colgan and Dave Fry will make a final recommendation at a later meeting.

Bob Galiher asked if the Stanley Agreement was for work that was estimated before.  Colgan advised this is part of the original quote.  We have also had to do more engineering and study than what we expected but the $100,000 in this agreement is in the original quote.  Galiher also asked if the Turtle Creek area is the only one we are looking at for improved public access.  Leonard said that is the primary spot with the most investment but we will be looking at other locations as funding becomes available.  Public access will continue to be developed as we go on.  Galiher asked Glanz if he felt the Turtle Creek design would take care of the DNR issues, and Glanz said yes, but there are still some issues to work out.  He is hoping that we can receive a grant to assist with the development of the 6 items and the grant is a 75% grant with a 25% local match.   A question was asked if this is just the road or if cabins are included also and Glanz said just the road.  Peter asked about deadlines for the grant and Ries indicated it is January 31.  This particular grant is approved by DNR management and it is competitive state wide.  Wellman said the DNR has to approve the road movement as well and the County Engineer has requested that approval.  Glanz said we would want to do the road work before the water comes back because construction is easier and less costly if do it without water.  A question was asked what the ramp size will be and was advised it is a 2 lane boat ramp and should provide about 25 to 30 parking sites and could expand larger.  Wellmann said the DNR would like a fishing jetty and that would be on the west side of the old bridge.  Peter asked who would have design control and Glanz said County Conservation would either hire an Engineering firm or use the County Engineer.  Klima asked if we could use the fill from the river and Glanz advised the County Engineer said dirt material did not compact sufficiently to support the bridge.  Bob Galiher asked what is meant by transfer of properties and Glanz said the County Engineer will not relocate the road unless the county owns the land.  Ries said most of our property would be flooded anyway after construction.

Jim Locke asked about the project sheet and asked about hiring a project manager.  Leonard said now we have an engineering firm and Colgan and no plan to hire one at this time unless Pat and Stanley bring a proposal to the Trustees.  Colgan said there is a lot to do with bidders list and management skills.  Right now he doesn’t think we have to hire one but does understand he can’t get overwhelmed and we will see how it all develops.  Rattenborg said really does depend on contractor and if we are able to get a good contractor, they will be able to do a lot of the project management.

Bob Klima asked who took out the original fish ladder should help pay for the new one.  Colgan advised the existing fish ladder is still there and damaged, however we wouldn’t rebuild that one.  Locke asked if that is the one that goes to the top of the road and Colgan advised yes, it answered the code at the time.

Leonard advised next meeting on Saturday, January 12 at 11AM.

Peter made motion to adjourn, Kramer second.  Motion passed.

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