\u00a0The Combined Lake Delhi Recreational Facility and Water Quality District<\/p>\n
Board of Trustees Special Meeting<\/p>\n
November 8, 2012 \u2013 6:45 p.m.<\/p>\n
Heritage Bank Conference Room<\/p>\n
Delhi, IA<\/p>\n
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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 6:47 PM at the Heritage Bank Conference Room in Delhi, IA.<\/p>\n
Trustees present: Peter, Kray, Schneider, Leonard, Davidson, Burger<\/p>\n
Trustees absent: Kramer<\/p>\n
Visitors: Tom Houlahan, Dave Larson, Larry Aschenbrenner, Paulette Sands, Paul Sands, Pauletta Carbaugh, John Carbaugh, Jim Locke, Phyl Locke, Bob Klima, Clint Houdek, Bob Galiher, Lola Galiher, Pat Dede, Don Dede, Brooks Ante, Dennis Jasper, Rich Hughes.\u00a0 Bill Holman, Pat Colgan and Larry Murphy by phone.<\/p>\n
Schneider made motion to approve agenda,\u00a0 Davidson second.\u00a0 Motion passed.<\/p>\n
Kray advised of billing for our first interest payment on bond.\u00a0 There is a $250 charge on the billing that Burger explained was a cost for Bankers Trust to distribute and break up bond monies to all investors who purchased the bonds.\u00a0 Burger made motion to pay first interest payment to Bankers Trust, Schneider second.\u00a0 Burger said the interest will be paid for out of the debt service fund and the $250 charge will be paid out of the general fund.\u00a0 Individual roll call requested, all ayes , motion passed.<\/p>\n
Holman on phone to discuss Supplemental agreement #15 which is for Gibbs Engineering to do surveying that will allow temporary construction permits.\u00a0 There will be areas required beyond the physical construction that allows for movement of the equipment around the site and also have access to the dam.\u00a0 These areas have never been surveyed and property research is required to see which properties would be impacted by temporary construction easements.\u00a0 Motion to approve Stanley Engineering Supplemental Agreement # 15 by Schneider, Burger second.\u00a0 Burger asked if the $4500 cost was a not to exceed and Holman said charges are billed as actual service provided but not to exceed $4500.\u00a0 Individual roll call requested, all ayes, motion passed.<\/p>\n
Agency updates given by Colgan, Holman and Murphy.\u00a0 Colgan gave update on FEMA\u00a0 and advised Colgan and Fry had an all day meeting on Oct. 23rd<\/sup> \u00a0with Tim Marienau from Homeland Security.\u00a0 The team is currently taking the 2010 disaster and breaking it down into projects, and providing data requested by Tim Marienau.\u00a0 The project is broken down into 2 main projects \u2013 one is rebuild the dam with current code standards and two is to provide details without meeting standards (bring dam back as it was before).\u00a0 The 3rd<\/sup> project is dredging and utilizing 2001 and 2010 data to determine what needs to be dredged and\u00a0 calculating quantities.<\/p>\n Colgan also gave a review of DNR meetings in Iowa City on Oct. 24th<\/sup> \u00a0which also led to a 2nd<\/sup> meeting in Des Moines on Oct 30th<\/sup>.\u00a0 The fish ladder and easements are the 2 items discussed in the second meeting and trying to determine how we move forward. \u00a0Colgan feels we are making progress regarding the fish ladder but according to the DNR, \u00a0we haven\u2019t supplied enough information to them.\u00a0 We are gathering more information in terms of specific design to share with them as this is required to resolve this issue.\u00a0 Until the DNR has this additional information, they will not give the District a variance for the fish ladder.\u00a0 The second issue that needs to be resolved before a permit is issued is flood plain rights which is part of Iowa law.\u00a0\u00a0\u00a0 Stanley Engineering and Colgan are working to clarify the definition of a low head dam which may assist us in our argument.\u00a0 Murphy said the DNR is the lead agency we have to deal with and it is important to realize we have to go through these steps.\u00a0 There have been conversations with the Governor and Legislators and they indicated there is a high expectation of this project going through to completion so we need to work through this.\u00a0 Legislators will now focus on these issues since the election is over.\u00a0 There are 4 issues to resolve – fish ladder, flood plain rights, public access and wastewater.\u00a0 There will be a Public access meeting next week to discuss additional public access with DNR.\u00a0 The Wastewater plan will be discussed later on the agenda.<\/p>\n The proposal for the fish ladder was submitted to the DNR back in March 2012 and we expressed concerns on building a fish ladder of this type and that \u00a0it had not been done in the midwest before and it would be a first of its kind.\u00a0 The DNR disagrees and thought it could be done so we feel we need to do more due diligence.\u00a0 Stanley Engineering has consulted with several specialists and one of them is at the University of Iowa and they have indicated that there is no precedence of a fish ladder of this type with the kind of fisheries we have at Lake Delhi and the Maquoketa River.\u00a0 The Engineers Stanley spoke with at the University of Iowa said they could not give us a design that they are confident would work.\u00a0 Holman feels we could retain the University of Iowa as specialists.\u00a0 The Univ of Iowa advised they would need to do modeling and development before they could give us a design.\u00a0 The thought is that we could bring the University in as part of our team so we could share their concerns with the DNR.\u00a0 Holman\u2019s recommendation is to initially bring on the University specialists and retain them to put together a short letter expressing no solution or precedent for this kind of fish ladder and support what we are saying.\u00a0\u00a0 The University could put on paper what their approach would be and come back with a proposal but they are not sure it is possible to put a design on paper.\u00a0 Holman\u2019s estimate of cost is about $5000 and it would be billed as an hourly rate.\u00a0 The University personnel have indicated they need time to research and can turn around in about a week.\u00a0 Holman has another call Friday morning to discuss this issue with them.\u00a0 There are other specialists out there besides the University of Iowa, however Holman thinks they would be a natural selection as they are located in Iowa and have a lot of respect in the state so the University would be the best ones to partner with to help with this case.\u00a0 Schneider made motion to approve up to $5000 to hire the University of Iowa for design and advice, Peter second.\u00a0 Burger asked Holman if Stanley would hire the University of Iowa and then Stanley would give us a Supplemental Agreement and Holman indicated yes.\u00a0 Murphy said their advice is that this cost would eventually be paid for by the DNR and won\u2019t be coming out of our $2.5 million funded by the Legislature.\u00a0 We may front cost but we would be requesting reimbursement.\u00a0 Holman said this is just an initial lay out as to how we should approach the fish ladder and this is for research and analysis.\u00a0 Individual roll call requested, all ayes, motion passed.<\/p>\n Wasterwater plan was discussed next by Kray.\u00a0 She advised the Wastewater team consists of Todd Gifford, herself, and Norm Wellman and Dennis Lyons from Delaware County.\u00a0 Kray reviewed the updated plan and the request for inventories of septic systems and wells on the lake area.\u00a0 Galiher said we should state in the letter to property owners that this is mandatory and not the Lake District Trustees asking for it but it is required by the DNR.\u00a0 Motion to approve revised Wasterewater plan by Davidson, Schneider second.\u00a0 Burger indicated that we should reach out to the Water Quality Team to help in the inventory.\u00a0 A draft letter will be sent to the Trustees for approval.\u00a0 Motion passed.<\/p>\n Rusty Peck property purchase discussed by Leonard.\u00a0 There are 2 different purchase agreements. The first requires Peck to include survey work and septic inspection, the second agreement details the Lake Delhi District to pay for survey if needed and does not include a septic inspection. Burger made motion to accept the second purchase agreement for the Peck property, Davidson second.\u00a0 Kray said wants to keep the initial contract for this purchase and have Peck indicate which items he does not want to perform.\u00a0 Schneider said he is in favor of the second agreement.\u00a0 Kray indicated that the items left off of the second agreement will cost the District monies and that is her concern.\u00a0 Burger said he is not sure that the site can even be inhabited nor if a survey is required.\u00a0 Burger feels property is beneficial to the lake and supports the second \u00a0revision.\u00a0 Individual roll call requested, Peter \u2013 yes, Burger \u2013 yes, Schneider – yes, Davidson – yes , Kray \u2013 no, Leonard \u2013 yes.\u00a0 Motion\u00a0 passed.\u00a0 Resolution 11.8.12 introduced to authorize purchase of Peck property.\u00a0 Motion to pass resolution 11.8.12 by Schneider, Davidson second.\u00a0 Individual roll call requested, all ayes, motion passed.<\/p>\n Public Comment \u2013 Leonard asked if people on phone had any additional comments.\u00a0 Murphy wanted to make sure everyone is aware of the election results.\u00a0 The Iowa House of Representatives has a 53 Republicans to 47 Democrats split.\u00a0 The Senate Democrats maintained control with a 26 to 23 split.\u00a0 Senator McCoy was in charge of appropriations last year and was instrumental in our cause.\u00a0 We lost Renee Schulte and Nick Wagner in the House which both were key players in the appropriation of monies to Lake Delhi.\u00a0 Murphy and Grant still feel that we are well positioned with the Legislative body.<\/p>\n Larry Aschenbrenner questioned why it is the Lake District\u2019s responsibility to maintain public access and why isn\u2019t it up to the DNR to do this? \u00a0Murphy\u2019s intention is that this should not be our responsibility and that is the position we are negotiating with.\u00a0 The Wastewater and Public Access reports were sent to the General Assembly as requested as part of the initial appropriation.\u00a0 Leonard said our contention is they can ask but it certainly doesn\u2019t have to be our financial responsibility.\u00a0 We have to continue to work through these issues with the DNR.\u00a0 Diane Bauers said there isn\u2019t a fish ladder on any dams in Iowa so why do we have to do it?\u00a0 Colgan said actually there is one on the Delhi dam and Colgan\u2019s understanding is that the Iowa law was enacted a long time before the Delhi dam was originally built.\u00a0 DNR says we have to provide why it is not possible to build the fish ladder and the DNR continues to ask for more information.\u00a0 It is the law and we have to go through the process.<\/p>\n Dave Larson advised they are doing a major seawall project in Hartwick Point and wants to know if the water level will be the same.\u00a0 Colgan said yes it will be the same elevation.\u00a0 Holman said will be able to maintain that with a wider range of flows.<\/p>\n Leonard said archeology work is complete and only one site needs mitigation.\u00a0 Most shore line permits have been released or land owners should see them next week.<\/p>\n Brooks Ante said before the breach, the area below the dam was a great small mouth bass area for fishing.\u00a0 He asked whose responsibility is it to clean up all the debris down river past the dam.\u00a0 He \u00a0kayaked the lake below the dam and there is a lot of debris still in this area.\u00a0 Leonard indicated he asked this question before and no one seems to know the answer.<\/p>\n Bob Klima asked how much of all this work has to be done before we can start construction on the dam.\u00a0 Leonard said talking through the issues and the first is the revised Wastewater plan.\u00a0 We continue to do research and working with the DNR to allow the permit to proceed.\u00a0 The Phase I permit request has been sent to the Army Corps of Engineers and we are very close to getting that done.\u00a0 So we can start in the spring on that section.<\/p>\n There was a question as to how long we have to do shoreline work and the answer is the lake community will have the entire 2013 season to do work on the shoreline.<\/p>\n Dave Larson asked if a large coffer dam is required and if water will get to the Hartwick Bridge.\u00a0 Pat Colgan advised no.<\/p>\n Aschenbrenner asked about bid letting he saw in the paper and what was it for.\u00a0 Leonard explained it is for FEMA adminstrative assistant work.<\/p>\n Schneider 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, Davidson second.\u00a0 Individual roll call requested, all ayes, motion passed.<\/p>\n Motion to adjourn meeting by Burger, second by Schneider.\u00a0 All ayes, motion passed.<\/p>\n","protected":false},"excerpt":{"rendered":" \u00a0The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees Special Meeting November 8, 2012 \u2013 6:45 p.m. Heritage Bank Conference Room Delhi, IA The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District … Continue reading