The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, January 17, 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 6:36 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  N/A

Visitors: Eve Peter, Garlyn Glanz, Jerry Ries, Dwayne Donels, Robert Klima, Tom Cook, Marilyn Cook, Dan Reyner, Dave Larson, Bob Galiher, Al Wulfekuhle, Kathy Wulfekuhle, Craig Witry, Sheree Witry, Donna Kunde, Ann Fry, Dan Kimball, Travis Niehaus, Marty Pottebaum, Dave Vorwald, Jason Vorwald, Mari Vorwald, and Pat Colgan, Matt Hektoen, Bob Hatala and Gary Grant by phone.

Agenda reviewed by Leonard. Motion made to approve agenda by Peter, second by Schneider.  All ayes, motion passed.

Kray requested approval of minutes for 12/20/12, 1/10/13 and 1/12/13.  Burger made motion to approve all 3 as presented, Schneider second.  All ayes, motion passed.

Kramer reviewed bills for payment – L&L for $2,000, Alliant for $53.46 and the attorney billing for $3,134.30.  The Finance committee met last Saturday and recommended payment of these items.  Motion by Davidson to approve payments, second by Kramer, all ayes, motion passed.

Kramer covered the financial report and advised the Financial committee discussed how to handle this report in the future but will continue to use this format for now.  As of December 31, 2012,  the ending balance for the Operating Fund is $61,225.02, the ending balance for the Debt Service Fund is $140,915.35 and the ending balance for the Dam/Spillway Project fund is $5,896,571.28.  Kramer noted that interest in the Dam/Spillway Project fund shows only $21.39 in interest earned.  Carla Becker, the Delaware Co. Auditor informed Kramer that an additional $4,712.02 in interest was earned but not posted until after Janauary 1 due to the holiday timelines.

Kramer said additionally when the Finance Committee met they would like the Board to approve 2/7/13 as the meeting date for the Committee to give an overview of the budget and then to approve a date of the Public Hearing for the budget.  Requirements are that we must have the budget certified by the 15^th of March.  Once the budget is published, we have to have a public hearing witihn 10-20 days and the Finance committee would like to have the public hearing on March 7^th.  Motion to set date for overview of budget to the Trustees to be 2/7/13 made by Kramer, second by Burger.  All ayes, motion passed.

Kramer advised she would now like to accept a motion to approve March 7, 2013 for the public hearing for the Fiscal Year 2013/2014 budget.  Motion made by Burger, Schneider second, all ayes, motion passed.

Leonard asked Hatala to speak on resolutions 1.17.13(a) and (b).   Real estate option agreement is the only thing that has changed along with the addendum and legal description.  There is a deed restriction that the Trustees can only pass on the property to a public entity and the addendum is the quit claim deed.    Hatala reviewed the issue regarding whether the District could legally transfer real estate to a county or other governmental agency.  Hatalla believes the District has the authority to do that even though it is not expressly stated but he stands by his opinion.  There seemed to be a continuing argument by County Conservation that raised this issue and rather than continue arguing this issue, this document allows the District to have the option to purchase the Turtle Creek property for up to 5 years until 2018,  for $10 and  likewise the District has the option to assign this to any governmental agencies.  Motion to approve Resolution 1.17.13(a) was made by Schneider and second by Peter.  Individual roll call requested,  all ayes, motion passed.

Consideration of Resolution 1.17.13(b) was covered by Hatala explaining it gives the President of the District the ability to perform the needed funtions to complete the transaction to include the amended resolutions.  Motion to approve Resolution 1.17.13(b) by Schneider, second by Kramer.  Individual roll call requested, all ayes, motion passed.

Colgan gave an overview regarding the  FEMA administration proposal for  assistance in grant management services that the District sent out for RFPs for the 2008 and 2010 FEMA disasters.  Colgan and Dave Fry have evaluated the proposals and narrowed it to the two that are located in Iowa which are ECIA and JJG Grant Management LLC.  During this process Homeland Security  advised the District to wait until we receive additional information from FEMA regarding our dam project.  Just as a reminder the District has been re-obligated as an eligible applicant by FEMA but we are waiting to hear if the dam projects will be approved. Colgan spoke to both firms today and they both advised that their  rates will stay the same if we wait to award the contracts at a later date.  Colgan’s recommendation is to put this decision on hold.  Colgan and Fry will come back to the board with a specific recommendation after approval of our project by FEMA.  Burger asked if Fry or Colgan was working with FEMA now and Colgan said nothing now except for final project requests and information on projects.

Burger made motion to table next agenda item which is “Consideration and Possible action on FEMA Administrative person, second by Kramer.  Burger said would like to hear recommendation by Dave Fry as well to confirm he doesn’t need help now.  Davidson suggested the 3 Trustees on the  FEMA committee could meet and give a report back to the Trustees.  Vote taken on the motion to table agenda item, all ayes, motion passed.

Committee updates – Larry Burger said the Finance Committee met last Saturday and is working on the budget.  They are meeting again on January 26^th at 9AM at Buliceks.   Committee update for FEMA was just done in our last agenda item.  The Dam Construction committee will be meeting this evening right after the Trustee meeting.  The task that needs to be completed shortly is meeting with the County to go over the Commercial and Contractural conditions for our RFPs.

The Legislative update was given by Gary Grant and he indicated the first week of the Legislative session was pretty uneventful.  The good news is that the second $2.5 million for Lake Delhi has been included in the Governor’s budget.  The House and Senate leadership is not expecting any difficulties as this amount will need to be approved again by them.  The Trustees will need to be prepared to give a project progress report to the Legislators in the next couple of weeks.  Some of the Legislators have been asking about our progress and asking for updates and they are asking some very pointed questions about cooperation with the DNR.  Grant has advised that the project is not moving as quickly as we would like but thinks we are making progress and the Trustees want to keep a positive relationship with the DNR.  The Property Management Committee has nothing to report.  Kramer asked if we should consider a committee for grants and Leonard indicated it might be something to consider in the future.

Colgan advised that there was no update to the dam timeline document but he is still receiving names of volunteers.  The letter for our waiver request for the fish ladder is moving forward since the Trustee board approved it last week.  Holman just sent the final version of the documents to Leonard so Leonard will send to Director Gipp shortly.

Public comment – Dan Kimball indicated that sometimes front end documents for contracts can take awhile and he wanted the Trustees to be aware of that as they determine when they would approve the proposal for the FEMA Administrative person.

Jim Locke said last year the LDRA received a grant from Rockwell for $2,500 for lake bed clean up and Rockwell has agreed to allow us to carry that over to this year and not return it.  This year’s application deadline is February 15^th and Jim reached out to Brian Hughes and Jim thinks we need to spend some time and see what the projects would be for 2013.  Galiher put the request in last year and received the grant through the LDRA and Kray said the Rockwell Grant goes to a non-profit so the LDRA would be the eligible applicant..  Leonard asked if the Finance Committee could review at their 1/26/13 meeting.

Bob Klima said there was a retaining wall put up in his neighborhood and they were advised by the DNR they could move dirt as long as they did not put it back in the lake bed.  Klima said there is 30 to 40 loads of the dirt behind their neighborhood.

Burger made motion to adjourn, Davidson second.  All ayes, motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Saturday, January 12, 2013 – 11:00 a.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 11:02 AM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:

Visitors:  Dan, Reyner, Dave Reyner, Rich Reysack, Ed Schmidt, Pat Anderson, Gordon Anderson, Eve Peter, Chip Hughes, Todd Boone, Doug Camp, Richard Camp, Tom McLaughlin, Annette Mohling, Bill Decker, Bob Galiher, Mark Schultz, Linda Schultz,  Jim Gudenkauf, Sharon Gudenkauf, Don Dede, Pat Dede, Jim Locke, Phil Thompson. Pat Colgan via Skype.  Bob Hatala and Matt Hektoen by phone.

Agenda reviewed by Leonard. Motion was made by Burger, second by Kramer, to approve meeting agenda.  All ayes, motion passed.

Leonard asked Hatala to review where we are at with transfer of the land between the LDRA and the District.  Hatala said Resolution 1.12.13a is to approve an amendment to the Memorandum of Agreement because of the need to wait to complete the ‘right of first refusal’ with Kevin Harbach and the easement with the Strausser family for North Beach.  Once that amendement is approved then Resolution 1.12.13b can be voted on to approve the acquisition of land and allows the President of the District to sign the bill of sale and quit claim deed to complete the transaction.  Hektoen explained that the LDRA will maintain the containment site and the Harbach land because there has been no agreement finalized with Harbach.  There is also a portion of land that is outside of the boundary of the District, within track 89 and 90, and the parcels have no offical description to confirm their exact boundaries so we won’t transfer that as well.  Leonard thanked Hektoen and Hatala for work done into late last night.  Hektoen also indicated the easement for public access to North Beach was not completed due to one of the Strausser family has passed away without signing the agreement and there is some difficulty with that estate.  Parcel JJ was involved with this easement so it will not be transferred as well.  Jim Locke wanted to make sure it was understood that the easement was for maintenance purposes and not public access.  Leonard asked Resolution 1.12.13a to be approved.  Burger made motion and Davidson second to approve revised Memorandum of Agreement.  Kramer wanted to confirm this is everything and Hatala said yes.  Hatala also indicated that there is nothing in the 357E agreement that says the District cannot own real estate outside of its geographic boundary and if there was an issue, only the state can challenge it.  Kramer then asked if Hektoen could describe at a high level what is excluded.  Hektoen said the containment site, North Beach properties and easements (Parcel JJ), properties outside of the district because they lack a legal description, and the Harbach frontage.  Leonard wanted to confirm the District will have to work with the County Sanitation department to agree to cap the house and office septic or get an inspection done before final deeds are recorded.  Hektoen indicated he sent an email to Dennis Lyons last night and believes that will be the case.  We may need to delay inspection due to the cold weather or there is also a possibility, because the property exchanged hands without any funds, that the inspection may not need to be done.  Hektoen will know more once he talks to Lyons.  Locke confirmed Hektoen and Mitvalsky will follow up with each other and Hektoen agreed.  Individual roll call requested on acceptance of amendment with Memorandum of Agreement.  Hatala interjected that there had been a title examination of the dam but would need to be done on the other properties.  Locke said the LDRA had a concern of whether the District can convey the Turtle Creek property to the County without a bid process and that the LDRA would be willing to transfer directly to the County.  Hatala looked at this issue earlier and the only time disposal of property has a restriction is in the city and county code, a 357E does not have a like requirement.  Even if the 357E did have the same requirement, a transfer to another governmental agency is exempt in this type of transfer.  Individual roll call again requested on motion to accept Resolution 1.12.13a, all ayes, motion passed.

Leonard introduced Resolution 1.12.13b to now be addressed.  Hatala said he had no addditional commentary, this resolution just gives authorization for the President to do what is necessary to complete the Memorandum of Agreement that we just passed.  Burger made motion to approve Resolution 1.12.13b and Kramer second.  Individual roll call requested, all ayes, motion passed.  Next step is now to get the document to the LDRA to get their signatures and they are having a meeting directly after the Trustee meeting.  Leonard asked Hatala if he should sign the additional documents and Hatala indicated he should wait to sign until the LDRA approves.

Colgan reviewed the timeline document and explained it is a management list of activities in order to allow us to track and stay within schedule the work that needs to be done to bring the dam back.  The Trustees already have established committees and each committe has 3 members of Trustees.  The intent will be then to break each committee into a number of subcommittees to handle the detailed activities as each item has about 50 to 60 work activities underneath it.  This enables the Board to be aware of what each subcommittee is doing and enables the District Board to have oversight.  Colgan commended Larry Peter because he sent Colgan an email this morning with activities for the construction committee and Colgan really appreciates the work Peter has done on this.  The normal Trustee meetings will not get to this level of detail but the subcommittees will.    Burger said if Colgan sees any other committees that should be formed to please let us know.  Burger also indicated that other members from the community are involved in the committees and more can be added.

Budget/Finance Committee along with the Legislative Committee will need to decide how the monies are spent.  Permits need to be done by 2Q.  We have 2 levels of regulation, Federal, which is the Army Corp of Engineers and the State is the DNR.   Corp sees the rebuild as repair and they put us on a streamline permit process.  A Memorandum of Agreement now needs to be done between the Corp and the District regarding the results of the Archeology study to get the permit from  the Corp and we are on course to receive the Corp permit in February.

This time line document details who is responsible for duties and what is the delivery date.  In January it will be essential to address the General Construction contracts with the county so we know what the front end requirements and conditions of our construction documents will be.  This meeting will include County personnel, Stanley Engineering, some Trustees and Bob Hatala.  Also in January we need to develop our bidders list and the County and Stanley have a list of contractors.  Phase I is ready to go out to bids but the funding and permits need to be better understood.

Kray said she feels we need to address the items that need to be worked on in January and Colgan said the general conditions of the contract are the most important.  There is a 5 or 6 page questionaire that needs to be filled out and Colgan has taken care of about 80% of it but there are questions that will need to be answered by the Finance and Dam Construction Committees.  We also need to address how we plan to pay as the construction begins.  The Contractor will want significant dollars to begin the work so the Finance Committee needs to understand how monies will come in and how they will be spent.  Burger asked Colgan if Stanley will have recommendations with limits of liability and such and Colgan said Stanley won’t give those kind of recommentdations, it is up to our attorneys and the District.  The County will have a menu of choices and enough expertise to help us decide what we want.   Colgan will keep us posted on the meeting with the County Engineer and get everyone involved that needs to be present

Leonard said in the last memo to the public, we requested volunteers again.  He recommended that if we have neighbors and family with expertise that would be useful, please ask then to volunteer.

Burger asked Colgan that if possible, can he carbon the rest of the board when you he emails requests so that all Trustees are aware of what is going so that we can relate to the citizens what is happening and what we have seen.  Colgan said he would do that.

Public comment – Bill Thompson had a question on water level for permitting and any progress on easements.  Leonard indicated still working through issues with the DNR. but water level will stay the same.

Dan Raynor asked about public access.  Leonard said County Conseration was at our meeting Thursday and the Legislative Committee is working as a team with several county members and the DNR.  We are trying to complete plans for an additional boat ramp, a fishing area, a beach and additional parking.  Currently the focus area for enhancement is the Turtle Creek area.  We are working jointly with the DNR and the County on a grant application by Jan 31, 2013  for a 75% assistance with a 25% local match.

Gordon Anderson asked if we will be using the Peck property for  public access.  Leonard said the Peck property had some unique boundary line issues that are adjacent to the spillway and it allows better access for construction.  We may look at the area for public access if it is deemed ‘safe’ by our Engineering firm and the State.  Burger said we may also use this area as portage for canoe and kayaking but that has not been confirmed yet.

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

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.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

December 20, 2012 – 5:00 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 5:01 PM at Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  N/A

Visitors:  Chip Hughes, Chris Stender, Marcheta Cooey Lux and Bill Lux and Bob Hatala and Matt Hektoen by phone

Agenda reviewed by Leonard.   Motion was made by Burger, second by Schneider, to approve meeting agenda.  Kramer moved to amend agenda to remove items 6, 8, 10, 11, 12, 13, 14.  Kray indicated she wants to leave on 14.  Leonard indicated he would like to keep agenda as Laurie proposed.  Burger second motion as amended, motion passed.

Kray requested approval of minutes for 11/15 and 11/29.  Kramer made motion to approve and Davidson second, motion passed.

Kramer discussed payments due from the general fund are Alliant Energy for $64.40, Des Moines Register $10.74, L&L Consulting $2,000 and October billing for Simmons Perrine $9,475.  Burger said going to go back 1 year since approval of bond fund and separate attorney bills and move funds involved in dam rebuild to bond fund.  Motion to approve payments as represented by Davidson and second by Schneider, motion passed.  Kramer reviewed the financial report and advised there is a beginning balance of $73,597.94 in the general fund.  We received revenues of $3358.29 and some interest.  Bills approved in November total $6,617.27 which gives an ending balance of $70,397.82 and does not include expenditures we approved tonight.

Leonard introduced revised Public Access plan and that all Trustees had a copy sent to them in email.  Kramer made motion to approve, Schneider second.  Burger asked if DNR and County have seen the plan and asked if they gave comments.  Leonard indicated final includes their comments and we will have continued conversations with DNR and County.  Burger is recommending on further drafts we show that as of today’s date we have purchased the Peck property that should help in accommodating portage.  Kramer asked if we are to pay for new bridge.  Leonard indicated that the team discussed costs and no details on cost sharing.  This plan shows intention that we are in support of additional public access.  Asked for individual roll call on motion, all ayes, motion passed.

Leonard asked Hatala to walk through the  resolution approving the Peck property acquisition and costs and disbursements.  $99,583.93 is to be paid to Community Savings Bank which includes the $5,000 escrow payment.  Attached to the resolution is the closing statement and also the IDNR form for Time of Transfer Inspection Waiver.  We do not have to raise the building as capping the system will be sufficient.  Hatala said the District just needs to make one motion to approve the resolution.  Also make note that the company name needs to show Peck Excavating Corporation.  Motion to approve Resolution 12.20.12 by Davidson, Schneider second.  Davidson indicated if we can live with the easements that are attached to the property and if we saw a final copy of opinion.  Hatala gave a summary in respect to the easements.

Entry 14 – Interstate Power and Light for electrical transmission line purposes.  Due to the nature of the legal description, Hektoen cannot determine the exact location of the easement.

Entry 15 – same as 14

Entry 30 – public highway purposes and is most likely the county road.  There isn’t a plat or survey so Hektoen is unable  to show location exactly.

Entry 35 – This is a road easement to Delaware county  and it appears to be the same easement as entry 30 but can’t be sure because of the legal description.

Entry 188 – this grants Peck’s property the right to utilize a water well on adjacent property and grants the property owner of the well access to the lake over property owned by Peck and reasonable dock space.  This may be a little concerning since ‘reasonable’ is not defined. Also the owner of the Peck property is prohibited from improving the structure more than one level.

Entry 213 – this agreement allows the owner of the Peck property access to a well on adjoing property but different adjoing from the previous entry 188.

Basically we have 2 Interstate Power and Light easements for transmission lines.  Entries 30 and 35 are highway and county road easements and then we have a well easement over the Peck property and include access for dock space along the shore.  Hektoen joined the  meeting while discussing the easements.  In Hektoen’s opinion the only one of concern is the dock space along the shore line.  There is some sort of path that has been used in the past and believes whatever the past practice is will be used.  We may be able to renegotiate with the property owner.  Leonard asked if any reason to believe that in these easements, if we use this property for portage, is there  anything restricting us from doing that.  Hektoen indicated that as long as portage doesn’t interfere with existing easements the District should be ok.  Easement is held by owner of property and the District could offer additional easement to the public as long as it does not impair the access to the lake property easement held by the other property owner.  Leonard asked if any restriction to access to the lake bed itself in terms of us working in river bed. Hektoen stated that the lake bed is described in deed from LDRA to Maxwell’s (predecessor to Peck).  A quiet title was given (after the lawsuit with LDRA, Rocky Nook and Peck) and the court did not make a ruling as to where the center of the river is.  What is surmised is that it is at right angles of the exterior boundaries of the Peck  property.  There was no survey of the property and 2 drawings were presented during the case but the court did not make a ruling.  This is a risk that is inherent with purchasing this property.  Davidson asked about surveys and if any were found?  Hecktoen said there were plenty of surveys of the land but no definitive survey of the lake itself and  that is why it is called a quiet title so we would get whatever right LDRA has when we finalize the land transfer agreement with them.  Rocky Nook would still have quiet title.  How far downstream are we buying is what we don’t know.  We don’t know the exterior boundaries of the lake bed.  Davidson asked about dock space and it doesn’t say what has to be provided.  Hektoen said that is correct but it will probably be determined by past practice.  One dock and boat lift were there before per Davidson.     Leonard asked Hektoen about the IDNR Time of Transfer waiver statement and if we need to take action tonight.  Hektoen said will receive the warranty deed and ground water hazard statement from Peck at closing.  Attached to the ground water hazard statement will be this document and will need to indicate that in lieu of raising the building, the district could take the toilet seat off and cap the system with cement.  This document does not reflect that and will have to be changed and Hektoen is working with Dennis Lyons at the County to get that done.  Hektoen recommend not to sign this document tonight as the resolution will allow Leonard to sign this document, once the agreement from the county to allow capping of the toilet is complete.  Hatala says Resolution 12.20.12 allows the President to finalize the  documents to complete the purchase of the property.  The signing of the IDNR document would be within the authority of this motion.  Individual roll call requested.  All ayes, motion passed.  Leonard said Kramer will go to courthouse tomorrow so can get funding process to move forward so the documents needs to get to the auditor tomorrow.   Hektoen said closing will be done remotely and Hektoen will work with Peck attorney as to how to get the checks to the bank.  Someone needs to go to recorder with transfer tax and documents.  Hektoen left call.

Public comment – Stender asked reason for the purchase of the Peck property.  Leonard explained that the property lines as it relates to what is owned or controlled by the LDRA currently, (and then will be transferred to the District) was a gray area.  We also needed the property for construction.  Hughes said there was a lot more determined in the lawsuit.   Hatala said in contact with Mitvalsky, attorney for LDRA.  Hatala said the results of the lawsuit are not as clear as some might argue.  Stender thought Rocky Nook owned some of the area.  Stender asked if the District owns from the Peck property to the Pottebaum property.  That will be the intention and the purchase of this property takes away the gray area.  Stender asked how much Peck asked for the property and Leonard indicated it was his understanding that it was originally for sale for approximately $170,000.  Hughes doesn’t understand why we are saying a survey will answer the question because we know exactly where property ends and the levy went under the water’s edge.  Hatala says doesn’t have court decisions in front of him and if we have a specific question that is being raised we can take it and get the answer back to the board.  Hatala needs to have the documents to readily answer any question.  Hughes said was the purchase of the Peck property going to go all the way to the ownership of what the LDRA  had.  Rocky Nook was granted ownership of the concrete part of the south side of dam at that time and still owns that.  Schneider said we are talking about the riverbed not about what is on the previous cement side of the dam.  Stender asked if we are going to try to purchase Rocky Nook.   Leonard said exploring all alternatives.  Rocky Nook owns their piece of  property and our understanding is that the Peck property owns the river bed per Gibbs Engineering.  The Peck property goes to the center.  Stender asked if can move forward with or without Nook property.  Leonard said working through that issue.   Schneider said should help with public access as well.

Stender asked about time line and stated he was disappointed that time line wasn’t on the agenda.  The goal is to have a meeting next week to detail it.  Kray said her intention of having time line on agenda is to discuss critical factors.

Stender asked if progress on easements for flood plain.  Leonard said a lot of communication being done by District’s engineering firm.  Hatala hasn’t been able to speak with Holman to get status.  On the fishladder issue, the University of Iowa has given a summary of what is deemed possible at no charge to the District.  With their experience, they have detailed what they believe can be done and if it is feasible.  Stanley is finalizing a draft and Stanley is doing a final case report as to why they have always said is not workable.  Should have a final draft within a week or two.

Stender asked if the Public access plan will be put on web site and Kray said will add it.

Stender stated that he will be at boat shows and it would be nice if had easel with bullet points on what is going on with Lake Delhi.  A lot of people ask what is the status.

Cooey-Lux says people are losing faith on the lake that we are going to get the lake back so we need items like that to show accomplishments and where we are headed

Schneider made motion to adjourn, Davidson second.  Motion passed.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

November 29, 2012 – 1:00 p.m.

Delhi 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 1:00 PM at Delhi Middle School Conference Room.

Trustees present: Leonard, Peter, Kramer.  Kray, Davidson, Burger via phone.

Trustees absent:  Schneider

Visitors:  Eve Peter, Jim Locke, Lola Galiher, Bob Galiher, Shirley Christensen, Dorothy Thomas, Larry Aschbrenner and Diane Bauers.

Motion was made by Peter, second by Kramerz, to approve meeting agenda.  Motion passed.

Motion was made by Kramer, second by Davidson to approve loan modification agreement with Bank Iowa.  Leonard noted that at the October 18 Trustee meeting the Trustees approved the payment of interest due.  This loan modification was done at the request of Bank Iowa and was written by the LDRA bond counsel.  Kray asked if the LDRA was going to have time to approve since that bank is asking for this signed agreement on November 30, 2012.  Leonard deferred the question to Jim Locke, secretary for the LDRA.  Jim questioned what prompted this document and why it was done on such short notice.  Leonard explained that this document was at the request of Bank Iowa and Burger responded that this is a standard request by the bank to assure we are not in default.  Locke again asked why this document was just now being presented given the fact that the meeting with the bank was held on October 16.  Burger responded that the bank worked with bond counsel to provide the agreement and Leonard replied that he wasn’t sure why it took so long.  Both Burger and Leonard said the agreement was just a formal document of what had been approved by all parties.  Locke noted that the agreement had language that referred to “transferred property” and questioned it.  Leonard stated that the language had been corrected and Kramer responded she had the redlined copy and would provide it to the LDRA.  Kramer revised her motion to approved the corrected redlined copy, Peter second.  Roll call vote:  Ayes:  Burger, Davidson, Kray, Peter, Kramer, Leonard  Nayes:  None.  Motion carried.

The next item on the agenda was consideration of a revised Waste Water Plan.  Leonard presented information regarding the meeting between the Waste Water team, a select group from the DNR,  the Delaware County Sanitation Department and one of the Delaware County Supervisors.  A motion was made by Kray, second by Burger to approve the revised Waste Water plan as presented.  Leonard said discussions with the DNR and County went very well and the new revised plan includes more detail and a plan for a master database of all septic/well systems on the lake.  The plan provides for a sample mailing that will go out to approximately 35 property owners on the lake by 12/15/12.  They will be asked to provide information regarding their septic and well systems.  This will allow for feedback from those property owners and if changes need to be made it can be done before the mailing is sent to all property owners.  The timeframe is for the first mailing to be mailed and returned by 12/31/12.  The second mailing will be sent 2/1/13 with a return date of 2/15/13.  From this information a data base will be developed of all systems noting the address of the systems, the type of system, installation of said system, permit numbers and issuance dates.  Other information will include location of leach fields or discharge points and the date and description of the last known clean out or maintenance of the systems.  Kray, one of the team members, noted that the County and DNR have been very cooperative and that the County has agreed to pay for the mailings and return mailings so the Lake District will not bear that cost.  Davidson asked who decides who gets the initial letter.  Kray said that at the meeting with the County and DNR it was decided that Linden Acres and Deer Run Lane residents would be the first to be surveyed because many are year-round residents.  Leonard also mentioned that Dennis Lyons and Norm Wellman from the County also wanted to have residents in close proximity because of having to utilize a GPS system for locating wells and septics if the county needed to help with the tracking.  Leonard also explained that the reason for starting with 35 property owners is because we do not want to get buried with questions and phone calls.  This way we can find out what changes are needed in the survey before sending it out to all property owners.  Davidson asked if anyone had approached area wastewater installers such as Jody Antrim, Corey Groth or Scott Harbach for their assistance.  Leonard replied that he had one installer contact him volunteering his services and hopefully others will volunteer their services as well.  Obviously, any records they have will be a huge help but we will still be relying on the homeowners to take the lead in providing us the necessary information.  Peter raised a question regarding the type of septic systems that were included in the mailing.  Holding tanks were mentioned but not septic systems as a type of system.  It was agreed that this type of system should be included in the survey.  Kray amended her motion to include septic systems, Davidson second.  A roll call vote was taken:  Ayes:  Burger, Kray, Davidson, Peter, Kramer, Leonard.  Nayes:  None

Leonard asked for public comment before adjourning.  Bob Galiher asked if the DNR have the engineering report that was done in 2007 and wondered about our response to being knows as the #1 unsewered lake in Iowa.  Leonard said the DNR does have the report and that there is work being done to fix the perception that no permit means there was no waste water system at said location.  There was discussion about the Trustees being responsible to get homeowners to comply with getting necessary permits.  Leonard stated that the DNR and the County are the regulatory agencies, not the District.   He also stated that the DNR is working statewide to get updated information on wastewaters systems and believes this is not unique to Lake Delhi.  It’s important for Lake Delhi to take a proactive approach.  Lola Galiher expressed a concern regarding “gray water” and if this was something that had been discussed.  The general thought is that this is no longer a valid concern.

Motion by Peter, second by Kramer.  Motion carried.