The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Meeting
Wednesday, October 30, 2013 – 10:00 a.m.
Delaware County Supervisor’s Office
Manchester, IA
The meeting of the joint work session with the Delaware County Supervisors and the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by Supervisor Madlom at 10:00 AM at the Delaware County Supervisor’s Office in Manchester, IA.
Trustees present: Leonard, Kramer, Davidson and Kray
Trustees absent: Schneider, Burger, Gifford
Supervisors present: Madlom, Helmrichs, Ries
Visitors: Eve Peter, Larry Peter, Bill Lux, Larry Murphy, Anthony Bardgett, Carla Becker, Garlin Glantz, John Bernau and 1 member of the press
Meeting was opened by Chairperson Madlom. Steve Leonard, President of the Lake Delhi Combined Recreational Facility and Water Quality District Board of Trustees, began the discussion by thanking the Board for scheduling this meeting. He assumed that the common goal between the two (2) entities was to negotiate the terms and conditions to be outlined in the draft 28E Agreement. With that said, the group began to work through the draft 28E Agreement page by page.
Page 1
The Board of Supervisors has issues with the verbiage in the sixth (6th) paragraph which references the restoration and improvement of the dam and spillway. Supervisor Helmrichs spoke on behalf of the Board when she stated that they feel strongly that the county’s participation in the project should be limited to the expenses associated with the spillway. That portion of the project is what will protect the residents and property owners from future flooding. The County Auditor will identify all areas throughout the agreement which reference dam and spillway and change them to be spillway related only.
Page 2
Mr. Leonard asked for clarification as to what the Board considered to be the project. Section 3 defines the project and sets an expected total cost. He feels that perhaps they should work through the rest of the agreement and allow the project scope to develop during the process.
Section 4 deals with the duration of the project. Supervisor Ries stated that he was the one who wanted an end date to the agreement. However, he feels the agreement could be renewed.
Section 5 addresses the financing of the project. In Section 5.2, the District is asked to submit to the County invoices within one month of the District’s receipt of such invoice. Mr. Leonard feels that this may be too short of a timeframe for the District. It was discussed that since the County will be reimbursing the District for claims that the District has already paid, perhaps this should be changed to say “within 45 days of the District’s payment of such invoice.”
This section also states that the County will only reimburse 50% of each invoice approved within 30 days of receipt of such invoice. Since the scope of the spillway phase of the project is estimated to be over $7 million, the 50% cost share should not be a problem.
The District expressed concerns with having Section 5.3 in the document. Said section limits the County’s obligation if any federal funds are received by the District before, during or after construction which could be used for dam and spillway restoration or construction. Mr. Leonard summarized the District’s history with FEMA on the 2010 project which ended with the District withdrawing its application for FEMA assistance for the 2010 flood event. However, there is still ongoing dialogue with FEMA regarding the 2008 flood event which could result in potential funding on 2008 losses. The County Auditor will check with the county’s bonding attorney as to the need for this section now that the District has disengaged from FEMA for the 2010 flood event.
Page 3
Section 6 on page three (3) talks about the District’s obligations as a pre-requisite to receiving county funding for the project. Section 6.1 addresses the types of public access which the District would be required to construct as follows:
6.1.1 One or more boat ramps
6.1.2 Portage trail around dam and spillway
6.1.3 One or more beaches with parking and restrooms
6.1.4 Fees associated with public amenities
Mr. Leonard stated that the District is focusing mostly on the Turtle Creek cove area for the most immediate increase in public access. They have also looked at other areas but see anything else as more “in the future” as additional funding becomes available. It is the intention of the District to transfer the parcel at Turtle Creek cove to the County.
At this point, County Engineer Anthony Bardgett and Supervisor Ries presented a map depicting a potential strategy for increasing public access in the Turtle Creek cove area which was created by Craig Davis, Assistant to the Engineer. The plan would be to replace the current bridge structure and raise it slightly to allow more boats to pass under (additional two (2) feet of clearance). All road banks would be stabilized and a boat ramp established on the southeast side of the cove. Ample parking for truck and trailer would be created in the area along with ADA compliant restroom facilities. The cost of replacing the bridge, stabilizing the roadway and creating the boat ramp is estimated at just under $600,000. A public beach area could also be established along the west side of the cove adjacent to Turtle Creek Park.
Any improvements to this area should be completed prior to the water coming back. This could save up to $200,000 of additional costs for the project. There is a marine fuel tax grant which could help pay for the boat ramp, parking and bathroom facilities. The grant application would be filed by the property owner with a 25% local match. The application would also need to be accompanied by engineered plans outlining the project.
Conservation Director Garlyn Glanz stated that if the county were to take ownership of the Turtle Creek cove property, he would need prior approval from the Conservation Board before moving forward with the grant application. In addition to the bridge replacement and roadway stabilization, the project would also require excavation to a depth of five (5) feet for boat ramp and docks, timber harvest, excavation and regrading of land on east side of cove for parking spaces. If a beach were to be placed on the west side of the cove, excavation and regarding would also be required.
Mr. Bardgett added that if water is expected back in the fall of 2014, then bid lettings should be held yet this winter for the access project. He feels if bids were taken this winter, they should be able to complete construction before the water is back next fall.
Supervisor Helmrichs stated that she feels that the cost of the public access needs to be shared between the two (2) entities. However, she also feels the bridge and roadway improvements should be done at the expense of the county. Supervisor Madlom stated he was thinking more in line with a 50/50 cost sharing.
Supervisor Ries did not completely agree with either of the other two (2) board members. It is his feeling that the District needs to increase public access or they should lose the county’s funding (up to $2,999,999). In the 600 page report filed by the District’s engineers, there is $600,000 set aside for public access.
Supervisor Helmrichs added that the project needs to continue to move forward in a positive manner and that all possibilities need to be looked at.
Steve Leonard recommended that the public access conversion continue with an additional work session in the near future. The District would form a sub-committee to attend these sessions. Also in attendance should be the three (3) Board members, Mike Stike (DNR), Dan Kirby (DNR), Anthony Bardgett, Garlyn Glanz and Gary Grant (District lobbyist).
In Section 6.1.4 the agreement discusses the fees charged for use of the new public access. The County Auditor will have Mark Cory review the verbiage in this section to see if still relevant since the property will be owned by the County. Also, if marine fuel tax grant monies are utilized, they would be prohibited from ever charging for the use of property. She will also have Mr. Cory review Section 6.2 to see if the language can be simplified due to the unique nature of lake frontage property.
Supervisor Helmrichs also asked to have added as a condition that all state, federal and local laws and ordinances be met and permits in place. This stipulation was outlined in the July 3rd meeting of the Board of Supervisors.
Page 4
The District asked for clarification of Section 6.4.2. It was thought that the section was in the agreement to make certain that the district had sufficient funding to complete the entire project from start to finish. However, the county will clarify this with Mr. Cory.
Section 8 addresses the ongoing maintenance of the project and public amenities. Since the county will most likely have ownership of the Turtle Creek cove area, it was thought this section should be rewritten to address this. If county owned, any ongoing maintenance of public amenities at the Turtle Creek cove would be the County’s responsibility.
Section 9 addressed insurance coverage for the project. The verbiage actually states during and following construction. Mr. Leonard stated that they will have the construction phases fully insured. However, to fully insure the dam and spillway after construction would be cost prohibitive. This would be no different than the County being required to fully insure all roads and bridges within the county.
The Board will have Mr. Cory review and rewrite for clarification.
Page 5
Section 10 addresses indemnifications. The group would like Mark Cory to review the wording due to other changes in the document.
Page 6
Section 11.1 – The District would like the reference to US Mail in line two (2) on page 6 to be changed to certified mail.
Section 12.1.2 – The District is wondering why this section is included; are there any underlying issues? It was stated that the county feels the section was included to make certain that the District does not drag their feet in completing the project once county dollars are included. However, they will check with Mark Cory for clarification.
Section 12.2.2 – They would like this section changed to reference the transfer of the District’s interest in the project or public amenities to someone other than another public entity. The District intends to transfer ownership of the Turtle Creek cove area over to the county and does not want that transfer to default the agreement.
Page 9
Name of District needs to be changed to Lake Delhi Combined Recreational Facility and Water Quality District. Also, the titles at the bottom of the page should read Board Chairperson and County Auditor.
Page 10
The titles in the acknowledgment should be changed to Board Chairperson and County Auditor.
As a final note, the District Trustees updated the Board on the lake bed cleanup efforts. Last weekend they cleaned up the bed between the Hartwick Lake Club and the dam. Main effort was to remove the trees which had grown up in the lake bed. ATI Global, a business located in Delhi, donated brush equipment at no charge. They also took the time to educate volunteers on the usage of the equipment.
Conservation Director Garlyn Glanz stated that any transfer of property to the county should be transferred in the name of Delaware County with the Delaware County Conservation Board in charge of ongoing maintenance. He also stated that a date should be set soon to continue the discussion on the proposed public access.
County Attorney John Bernau stated that the County would not take title to any property which had encumbrances attached. It was felt by the District that only the dam parcel was subject to liens or other filings.
There being no further business before the Board, the work session was closed at 11:23 a.m.