The Combined Lake Delhi Recreational Facility and Water Quality District<\/p>\n
Board of Trustees Special Meeting<\/p>\n
October 18, 2012 \u2013 6:30 p.m.<\/p>\n
Maquoketa Valley Middle School Conference Room<\/p>\n
Delhi, IA<\/p>\n
\n
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.<\/p>\n
Trustees present: Peter, Kray, Schneider, Leonard, Davidson, Burger, Kramer<\/p>\n
Trustees absent: N\/A<\/p>\n
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<\/p>\n
Davidson made motion to approve agenda,\u00a0 Schneider second.\u00a0 Leonard added agenda item under Property Management Committee as Update of Easement Rights.\u00a0 Davidson changed motion to include item under Property Management.\u00a0 Motion passed.<\/p>\n
Kray requested approval of minutes from 9\/20\/12 meeting.\u00a0 Motion to approve minutes by Burger, second by Schneider.\u00a0 Motion passed.<\/p>\n
Kramer discussed payments required from General Fund \u2013 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.\u00a0 Finance committee will review attorney fees to see what can be paid out of\u00a0 bond fund. \u00a0Payments requested from Bond Fund \u2013 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.\u00a0 Leonard said Stanley willing to wait on payment until further decisions made.\u00a0 Leonard made motion to pay all bills but Stanley Consultant\u2019s bills.\u00a0\u00a0\u00a0 Burger said could we approve.\u00a0 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.\u00a0 Burger says we should wait on attorney bill until funds are determined.\u00a0\u00a0 Hatala said if have guidlelines they can break out bill for bond fund and general fund.\u00a0 Leonard said finance committee can work with attorneys and give guidelines.\u00a0 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.\u00a0 Burger second motion.\u00a0 Individual roll call requested, motion passed.<\/p>\n
Kramer discussed financial report.\u00a0 Current balance is $158,326.37 and report includes tax draw, interest and expenditures approved last month.\u00a0 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.<\/p>\n
Burger discussed meeting with Bank Iowa on Tuesday, October 16th\u00a0 <\/sup>which included Trustees and LDRA members.\u00a0 They asked for an extension on payment for interest and principle.\u00a0 The bank agreed previously to suspend payment on the interest until October 31,2012. \u00a0The bank agreed to a payment of $67,145.83 on Nov. 30, 2012.\u00a0 There is another interest payment due in December 2012 but Bank Iowa also agreed to hold that payment until June 3013.\u00a0 This team will meet with them in April 2013 after the Trustees certify their budget and bring up to date on cash balances. \u00a0Burger spoke with the county assessor and the assessed value in the taxing district is about the same as last year and hasn\u2019t gone down so our income should be about the same.\u00a0 Burger made motion to pay $67,145.83 to the LDRA to enable them to pay the interest only dredge payment by October 30th<\/sup>, Schneider second.\u00a0\u00a0 Leonard said Bank Iowa is a key stake holder in the restoration of the lake.\u00a0 If the restoration is delayed, the bank is at a greater risk because property values will continue to go down.\u00a0 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.\u00a0 Individual roll call requested on the motion, all ayes, motion passed.<\/p>\n Fry discussed RFP request for FEMA grant administration assistance.\u00a0 Iowa Homeland Security meeting discussed all processes and documentation to effectively manage grant and capture all the funding.\u00a0 Whatever we do we will be looked at with scrutiny because of the previous audit.\u00a0 We will most likely have an audit by the Inspector General after our current work is complete.\u00a0 Because of time requriemetns and dollar amounts involved, the District previously talked about the need for administrative help \u2013 not just a pure volunteer effort.\u00a0 Fry has drafted an RFP to get professional help in this regard.\u00a0 The RFP has been reviewed by Hatala and Tim Marienau from Homeland Security.\u00a0 Hatala said need to follow CFR and need to identify which considerations for the RFP and how they will be weighted in our decision.\u00a0 He believes we should add the applicant\u2019s experience and cost will be given greater weight than other factors under Proposals on second page.\u00a0 Burger\u00a0 asked if we have to take low bid on architecture and engineer.\u00a0 Cost is a factor but not a deciding factor.\u00a0 Fry said we should also do a public notice in a newspaper.\u00a0 FEMA requires some kind of publication.\u00a0 Kray asked if Manchester Press was sufficient and if there are guidelines on dates to be used.\u00a0 Burger asked Fry if Homeland Security would have a suggestion for a publication.\u00a0 Fry said our RFP is pretty unique, and doubts if the Manchester Press would be seen by possible bidders.\u00a0 Fry suggested putting the notice in the Des Moines Register or CR Gazette.\u00a0 Burger suggested the Register.\u00a0 Kra made motion to approve moving forward with the RFP for FEMA adminstrative position, Kramer second.\u00a0 Fry asked for authorization to correct FEMA disaster number as it is incorrect.\u00a0 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.\u00a0 Leonard said would like County Auditor to receive bids.\u00a0 Hatala said it was a good idea to have a public place for the bids to be dropped off.\u00a0 \u00a0Kray said ask for references in proposal so have when evaluating.\u00a0 The next Trustee meeting is on Nov. 15th<\/sup> so we should ask them to be due in the Auditor\u2019s office \u00a0by Wednesday, Nov 14th<\/sup> or date chosen by county auditor that works for them.\u00a0 Bids have to be opened at our meeting.\u00a0 Make sure we ask for \u00a0hard copy returns and do not allow faxes.\u00a0 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 \u2018experience and cost will be given greater weight than other factors\u2019\u00a0 under Porposals on second page with delivery of bids to Auditor\u2019s office on November 14th<\/sup> or date subject to Auditor approval and opening of bids on the regularly scheduled meeting on November 15th<\/sup>. Kramer second, motion passed.<\/p>\n Committee updates<\/p>\n Finance has nothing to report other than Bank negotiation which was discussed earlier<\/p>\n FEMA \u2013 Fry said had at least 3 different onsite meetings with FEMA and Homeland Security in the last week.\u00a0 One was for an exam of the dam site, one for North Beach and Lost Beach and the third to look at the siltation.\u00a0 They also asked to look at the containment site.\u00a0 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.\u00a0 Fry believes they have a good handle of what we are dealing with. \u00a0They were able to see the work platorm before it moved and then also saw it after it was moved.\u00a0 Fry said they have asked for a lot of information and they continue to give them what they ask for.\u00a0 Holman\u2019s 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\u2019s approach is they have to set a baseline.\u00a0 How much was 2008 vs 2010 flood \u2013 important because the local match is different on each of those.\u00a0 Replacing whatever we lost back to status when it was damaged.\u00a0 In our case, we designed more in the dam than what we had with modern day standards so we have to break down costs.\u00a0 Identify what would it cost to replace as it was, which we can\u2019t do because of codes \u2013 or what would it look like wtih minimum codes and standards and then third category is above minimum code.\u00a0 Stanley is building spreadsheet to break down costs.\u00a0 Siltation and dredging is another project.\u00a0 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.\u00a0 Have identified at least 4 projects or buckets.\u00a0 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.\u00a0 Last category is looking at development and engineering and breaking it out as its own category so can maybe capture some of those monies.\u00a0 Leonard thanks Fry for staying so active and keeping everything moving.\u00a0 We know he has dedicated a lot of time.\u00a0 Burger asked about out of state RFP respondents and if Fry will be the boots on the ground for them?\u00a0 Fry said doesn\u2019t always have to be at Delhi.<\/p>\n Dam Construction \u2013 Peter talked to Pat Colgan and Bill Holman about whether we are capturing all of the smaller stuff.\u00a0 He went over the old portion of the dam to see if Stanley has it in the quote.\u00a0 The 3 of them started out having a teleconference call and Peter created a big library of pictures.\u00a0 Will also be history for us as we move through the project.\u00a0 It is a color coded manual and should make it easier for us.\u00a0 Safety and OSHA could cause problems.\u00a0 Spent time with state OSHA representative and she is sending a book to Peter.\u00a0 Automation and safety hooks, hand rails, hazardous matierials, were all reviewed.\u00a0 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.\u00a0 Peter asked Holman if there is a centralized de-icing system and is waiting for his answer.\u00a0 Peter also asked Holman to look at automated controls and interlocks, and how we record the raising and lowering since they are electronic.\u00a0 Do we need calibration on any of the equipment and what spare parts should we have on hand.\u00a0 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.\u00a0 Some items reference outside vendors had to provide equipment so Holman has those specs.\u00a0 Other items Peter has been listing are warning lights on the spillway and how we keep junk out of the ropes.\u00a0 Also some miscellaneous items such as \u00a0PLC training, hoop building, chainsaws and such.\u00a0 Bill Holman and Pat Colgan can go through the lists and determine if the items are covered.<\/p>\n State-County Legislative \u2013 Leonard actively communicating with Legislators and key stakeholders with updates.\u00a0 They are in support of our efforts as it relates to funding and permitting.\u00a0 Legislative session will be starting soon.\u00a0 Lobbyists are very active and busy in our support.\u00a0 Final Archeology report should be ready in the next week or 2.\u00a0 Fry said should have archeology report to give to FEMA next weeek.\u00a0 DNR has forwarded their concerns to us and we will have meetings with them shortly.\u00a0 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.\u00a0 Jerry Ries said the Supervisors are still working with their bonding attorney to complete.\u00a0 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\u2019t do much more as they have the right personnel involved with our tasks.\u00a0 Property Management was discussed by Hatala.\u00a0 He indicated how helpful Carla Becker is.\u00a0 Time tonight is gratis \u2013 there is nothing to decide tonight.\u00a0 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.\u00a0 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 \u2018top of dam\u2019.\u00a0 We would prefer the pool level be at the 100 year flood plain level.\u00a0 We have a lot of different properties that we will need additional flood plain rights and dredging rights.\u00a0 It varies by the type of work that has to be done.\u00a0 Have to ask for easement to flood property.\u00a0 It is like 800+ different real estate transactions.\u00a0 Not all property descriptions are easy and it requires some review to be done by legal professionals.\u00a0 Volunteer opportunities will be the process of getting signatures.\u00a0 Hektoen said imagine a map of the lake and all friends and neighbors we need to understand what we need to know.\u00a0 Have to identify each parcel that is at or below the 805 ft elevation.\u00a0 Once parcels are identified, they have parcel report that gives lead as to what is legal descripiton.\u00a0 DNR says have to have specific legal descripiton \u2013 identify book and page and pull up document and do an easement document.\u00a0 County recorder only digitized the last 5 years so a lot of parcels that haven\u2019t 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.\u00a0 Will have to print out each and every deed on line.\u00a0 Exact work has to be done professionally.\u00a0 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\u2019s office.\u00a0 The legal team started the project as soon as could tell the DNR wasn\u2019t going to budge.\u00a0 Peter asked how far up stream boundary lines are?\u00a0 Hektoen said the farm land that is adjacent to the lake will need to be done as well.\u00a0 They are not sure how the leased land will be handled yet.\u00a0 It depends on what the individual \u00a0lease says so will have to look at those individually.\u00a0 It is the owner of the land, the building and the banks that hold mortgages that will most likely have to sign the easement.\u00a0 Locke suggested using road associations and that they can help.\u00a0 Burger asked if the requirements are the same if decision on top of dam is the road or the 100 year flood plain.\u00a0 Doing most of the work on top of dam but because of terrain it is about the same.\u00a0 Kramer asked how much more time will this take.\u00a0 Hektoen said it is hard to get an estimate but the \u00a0hard work is being done by assistants and then the attorneys review them.\u00a0 Kray asked if it was possible to negotiate the price of this task.\u00a0 We need an estimate for our budget?\u00a0\u00a0\u00a0 Burger asked if could one person stop signature.\u00a0 Hatala said yes, but the rule also says if \u00a0use reasonable efforts so we are hoping that term will apply.<\/p>\n Update on work platform \u2013 Davidson asked if got agreement from Darryl Hogan for storage and Schneider advised not yet. \u00a0Davidson wants to make sure we get it in writing that Hogan will store for free but that it also continues to be our proeprty.\u00a0 Schneider said no bill from Randy Toomin yet for the hauling of the work platform but it should be about $100 to $150.\u00a0 Leonard said the move went well and thanked Schneider for his work.\u00a0 Schneider\u2019s work with his tractor should be tracked as we can use this towards matching funds.<\/p>\n Public Comment – Ed Schmidt asked about the easement \u2013 if the property gets flooded is the District protected and Hatala confirmed yes.<\/p>\n Jim Locke asked if when the Steel Fab equipment was moved did Peter see stainless steel rollers that were provided by Modern Hydro.\u00a0 Peter said no didn\u2019t see any.\u00a0 Modern Hydro said they delivered them to the Fink property and they are about 3 ft wide.\u00a0 Peter said didn\u2019t see anything.<\/p>\n Barb DeKlotz said having trouble with minutes.\u00a0 Minutes are in adobe format.\u00a0 We will get minutes posted on lakedelhi.org.<\/p>\n Fry said FEMA asked for photographs of work platform and the beaches.\u00a0 Steve Leoanrd may have some or Marty Pottebaum.\u00a0 Also if any pictures of \u00a0when it was moored.\u00a0 FEMA wants a predisaster picture.\u00a0 They will check with Darryl Hogan.<\/p>\n 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. \u00a0This will be a closed session pursuant to Iowa Code Section 21.5 (j) by Schneider, second by Burger.\u00a0 Individual roll call, all ayes, motion passed.<\/p>\n Motion to adjourn by Schneider, Peter second, motion passed.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees Special Meeting October 18, 2012 \u2013 6:30 p.m. Maquoketa Valley Middle School Conference Room Delhi, IA The meeting of the Combined Lake Delhi Recreational Facility and Water … Continue reading