The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Meeting
Thursday, January 16, 2014 – 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 6:34 PM at the Maquoketa Valley Middle School Conference Room.
Trustees present: Leonard, Kramer, Davidson, Burger, Schneider and Gifford by phone and Kray by Skype
Trustees absent:
Visitors: Larry Peter, Eve Peter, Brooks Ante, Bob Galiher, Marcheta Cooey Lux, Jim Locke, Chip Hughes, Chuck Figen, Nick Noel, Dennis Ball, Dan Reyner
Brant Vollman (Army Corp of Engineers), Pat Colgan, and Gary Grant by phone
Agenda reviewed by Leonard and asked for ability to change the order of the agenda items when the Army Corp of Engineers Architect joins. Motion made by Burger to approve agenda, Davidson second, all ayes, motion passed.
Kray requested approval of minutes for the 11/21/13, 12/4/13, 12/20/13, 1/8/14 meetings and the 1/8/14 work session. Burger made motion to approve, Kramer second. All ayes, motion passed.
Kramer requested approval of payments for the General Fund as follows: Alliant – $28.74, Boss Office Supplies – $13.20, Delaware County Auditor’s office for warrants – $80.00, ICAP regarding Fink lien – $5,751.23, L&L Consulting – $2,000.00, and Attorney fees for Oct. and Nov – $780.00. Payments for the Bond Fund as follows: Delaware County Abstract Office – $1.315.00, Simmons Perrine Moyer Bergmann – $5659.50, and Stanley Consultants – $22,636.55. The board did not have their regularly scheduled meeting for December and 2 bills were paid (as within Kramer’s dollar approval to pay) and now asking for formal approval – Alliant $25.25 and L&L Consulting $2,000.00. Motion to pay all billings for the general fund and the bond fund as presented by Davidson, second by Burger.
Kramer reviewed budget reports as of 12/31/2013. The General Fund had a starting balance of $141,825.14 and after receipts and expenses has a balance of $103,593.57. The Debt Service Fund had a beginning balance of $152,065.67 and after receipts has an ending balance of $157,723.83. The Dam/Spillway Fund has a beginning balance of $5,610,861.00 and after an interest payment ends with a balance of $5,615,413.53. Burger made motion to file financial report, Davidson second. All ayes, motion passed.
Kramer request a date be set for a public hearing for the 2015 FY budget and recommends March 6, 2014 at 6:30 pm at the Maquoketa Valley Middle School Conference Room. Motion to approve by Burger, Kray second. All ayes, motion passed.
Leonard introduced Brant Vollman, archeologist, who is one of our key contacts at the Army Corp of Engineers working on the programmatic agreement. We are very close to an agreement and we must finalize this document prior to the issuance of the federal permit. Vollman explained the Army Corp of Engineers is responsible for complying with environmental laws and the Historical Preservation Act. Before the Corp can issue a permit, they need to determine the impact, if any, to archeological sites. The Lake Delhi dam is eligible for the National Historic Register and in the impoundment area, there were 3 additional sites that were found to be eligible for the National Register as well.
We now have a final draft programmatic agreement that was sent to Leonard today and tomorrow morning Vollman will prepare memos to forward the agreement to the Colonel of the Corp for signing. As we move forward with the construction of the dam, there will be some mitigation work that will need to be done. The majority of the sites studied did not maintain enough integrity to qualify for the national register but we do have to acknowledge the sites and the agreement gives us guidance on how to proceed. The Trustees will sign the document, however, it is the Corps responsibility to ensure the document is carried out and our permit will have a special condition that we comply with the programmatic agreement. Leonard also asked Vollman to describe what the District will need to do in order to move forward with any dredging. Vollman explained that in working with the District, that the Programmatic agreement reviews the plan in detail. The US Army Corp. will be the party that a dredging permit will need to be issued from. The primary concern is to avoid dredging into native ground. Leonard thanked Vollman for all of his work and Vollman left the meeting at 7:01 pm. Leonard requested motion to sign document and Davidson made the motion, Burger second. Individual roll call taken, all ayes, motion passed.
Leonard discussed 28E agreement and explained there had been multiple meetings with the Delaware County Supervisors and we now are very close to having a final agreement. This document sets the terms and conditions between Delaware County and the Lake Delhi Trustees for the $2,999,999 bonding and the public access improvements in a shared cost agreement. The agreement explains that the money from Delaware County will be used for the Phase II construction of the spillway and that as invoices are received, the District will pay them and then forward to the County for a reimbursement of 50%. The amenities for public access will be on a cost share basis of 50% not to exceed $350,000 so when Delaware County receives the invoices, they will pay them and forward to us for 50% reimbursement. The improvements will include replacing the bridge, elevate it and and reallign it. It will be approximately 20 feet wide with an anticipated height of 10 feet above the normal lake level when the dam is rebuilt water. There will be courtesy docks, a boat ramp and creation of a new beach. A silt catch basin will be added so it will be easier to manage the siltation in that area. The agreement also indicates that Delaware County will take on the future management of the facility. There will be a public hearing on Monday night for review of the property transfer. Our approximate cost is $242,000 after the County submits for state grants to assist with the cost.
Committee updates
Finance – will meet on January 25 to recommend budget and review recording secretary position.
FEMA – Leonard explained that Doug Herman has spent hours reviewing the FEMA material and is actively working this issue. He will be coming to the board with some additional requests in future meetings.
Dam Construction – After signing of programmatic agreement, we are expecting our federal permit by the end of January, beginning of February. The board has already approved Colgan to move forward on Phase I and Colgan and Holman are working closely to complete that work. We should be issuing bids shortly after.
Legislative – Gary Grant advised he and Larry Murphy have been working with Dan Zumbach and Lee Hein on the tax issue for 357E organizations. We believe there was an oversight in this legislation that does not specifically indicated that 357Es are tax exempt for propert and sales tax like other municipal entities. Grant indicated no special bill should be needed, that this should just be added to the code clean up bill that is always done early in the session. Kramer asked when the bill would take effect and Grant indicated as soon as it is signed. We may still need to utilize the appeal hearing scheduled in April to recoup past payments.
Property Management – nothing to report.
Public comment – Bob Galiher would like to know if there may be funding available for the Water Quality team in the budget. He is requesting the Trustees to consider an allocaiton of funds to the team. Leonard requested the team come to the board with a presentation as to how funds will be spent. Discussion surrounded what items would be covered from sea wall improvements to siltation issues. Galiher mentioned this issue tonight since the Finance committee will be reviewing the budget. Burger advised we could still allocate funds even if it is not a specific line item in the budget prepared. Galiher will go back to committee when meetings begin again in the Spring and prepare a presentation.
Chuck Fagan asked how the LDRA will be getting funding moving forward. Locke indicated that grants have been used in the past and that currently we have a grant from Rockwell Collins that is being utilized for lake bed clean up. Fagan also asked about funds available to the District and Leonard gave details. The cost estimate of the construction is approximately $15,600,000 which includes the Turtle Creek Cove area and we have about $16,000,000 available utilizing all known pledges. It will be very important to be cost effective in our construction so we can have some funds available for dredging and such. In addition, we will be continuing our work with the Community Fund to Rebuild Lake Delhi to receive additional pledges.
Burger made 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 pursuant to Iowa Code Section 21.5 (1)(j). Schneider second, individual roll call requested, all ayes, motion passed.
After closed session complete, Burger made motion to adjourn meeting, Kramer second. All ayes, motion passed and meeting adjourned by 8:35 pm.