The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, April 17, 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, Schneider, Burger, Gifford, Kray

Trustees absent:  n/a

Visitors: Jim Locke, Ed Schmidt, Dave Larson, Debra Sweet, Randy Sweet, Larry Aschbrenner, Ben Paskeer, Sara Morehouse and Pat Colgan by Skype and Gary Grant by phone 

Agenda reviewed by Leonard   Motion made by Gifford to approve agenda, Burger second, all ayes, motion passed.  

Kray requested approval of minutes for the 3/20/2014 meeting. Burger made motion to approve, Schneider second, all ayes, motion passed.

Kramer detailed payments for the General Fund.  Alliant – $24.40; Delaware County Auditor – $38.00; L&L Consulting – $2,000.00; Simmons Perrine Moyer Bergman – $746.25; Three Rivers – $310.80 (previously approved by email to take advantage of early payment discount). Payments for the Bond Fund are Des Moines Register – $30.13; Simmons Perrine Moyer Bergman – $5,904.45.  Motion to approve payments by Schneider, second by Burger.

Davidson voiced concern that there is no accounting or correspondence regarding what projects the Lobbyist are working on.  Gifford stated we need to try to determine our return on investment and how to invest in these resources that we have on retainer.  A possibility may be to pay by season, or project, etc.  His suggestion is to split off a small group and analyze this expenditure and come back with thoughts and suggestions for the future use if any.  Kray said she didn’t think any of us would question the value we have received from the Lobbyists.  Davidson suggested a committee of 3 (Schneider, Davidson and Gifford) sit down with the Lobbyists and see what kind of hours they spend, the work they do, etc. and come back to the board with suggestions.  Leonard gave his thoughts that the lobbyists can help for a much bigger package of expanding benefits to the lake and developing further public benefits to the area.  A vote was called on approving the payments above, all ayes, motion passed.

Gary Grant (Lobbyist) called in and gave an update on Legislative items. The Ag & Resources  budget passed the Senate and has passed already in the House and it contains the amendment to fix the tax issue with the lake.  The budget will now go back to the House and most likely go to a conference committee.  The job now is to keep the amendment in the budget so it comes out intact from the conference committee.  Our amendment is not the controversial part of this budget.  The amendment exempts a 357E from the obligation of property taxes and clarifies in the Iowa code that the taxing district isn’t required to pay sales tax either.  Burger asked if retroactive to July 1 on sales tax.  Leonard indicated from communications the Department of Revenue that they already ruled that we were sales tax exempt and a sales tax exemption form has already been given to the contractor based on help from Bob Hatala, the district’s attorney. This bill just makes it clear so there won’t be any question on sales tax in the future. 

Kramer reviewed the financial summaries for the month end of March 2014. The general fund had a beginning balance of $98,325.31 and after revenues and expenses ended with a balance of $148,635.67.  The fund for the bond payment started with a balance of $176,179.89 and after revenues ended with a balance of $327,215.43.  The general bond fund started with a balance of $5,629,764.71 and after interest and expenses ended with a balance of $5,346,302.06.   Davidson moved to file the financial reports, Gifford second, all ayes, motion passed.

Kramer introduced Resolution 4.17.14 to approve payment for the upcoming debt service payment for the general obligation bonds.  Kray made motion to approve resolution to pay debt service in the amount of $349,306.25, Burger second.  Individual roll call requested, all ayes, motion passed. 

Resolution 4.17.14a for the authorization for Delaware County to conduct our upcoming election on July 22nd was introduced by Kramer.  Leonard, Schneider and Kramer are up for re-election.   Kramer made motion to approve the resolution, Schneider second, all ayes, motion passed.

Larry Burger advised we received only 1 bid for Builder’s Risk Insurance because we will be doing work in a flood zone.  Hiscox, Inc. that works with Lloyds of London provided a bid for both the dam repair and spillway construction.  Burger’s recommendation is the  $50,000 deductible policy.  Our amount of protection is $11,221,000 but this will be adjusted based on the spillway proposals.  The premium is $71,072.99 for a $50,000 deductible policy.  Terrorist insurance is an additional $1500.  Burger would recommend the terrorism risk insurance because we don’t have to worry about a difference between terrorist or vandalism definitions.  There is an additional $2500 that can be paid to get product to the dam quicker, in case of an insurance claim, so we wouldn’t hold up the project waiting for insurance issues. Burger made a motion to approve the bid from Hiscox Inc with Lloyds of London as the underwriter with a premium not to exceed $80,000, Davidson second.  All ayes, motion passed. 

Stanley agreement #23 for construction and administrative services not to exceed $232,000 was introduced by Leonard.  Colgan said this is task 9 from old original document from Stanley Engineering.  We will be paying for a full time, experienced and knowledgeable contact during construction.  He will verify what the contractor has done, make sure the quantities are correct, quality is there, etc.  If he agrees monthly on the work done, then he will make a recommendation that the contractor should be paid.  He is our eyes and ears in the field for Stanley Engineering and Colgan.  This engineer has 30 years of experience and will keep all records, keep track of what happens in the field and change drawings if necessary.  Schneider made motion to approve Stanley Supplemental Agreement #23 with addition of Phase II in the wording, Gifford second.  Individual roll call requested, all ayes, motion passed.

Burger brought the Insurance issue back to the table as he wanted to confirm the terrorist insurance was included in the Builders Risk insurance. He restated his motion to approve the proposal from Hiscox Inc and to include the terrorist insurance for $1500 and expedite insurance for $2500, second by Davidson.  Individual roll call requested, all ayes, motion passed.

The Lunda contract was presented and motion was made by Burger to approve, Davidson second.  Colgan advised he read and recommends the contract.   Individual roll call requested, all ayes, motion passed.

Resolution 4.17.14b to allow emergency change orders to be approved in advance of a regularly scheduled Trustee meeting was read by Leonard.  The intention is to move quickly in some cases where same day, quick decisions are necessary.  Colgan said because of the way the contract is written (majority of lump sum pricing) there will be very few change orders required.  Colgan plans on a Contractor meeting every 2 weeks and that is when he would be notified that a change order may be needed.  He would have to agree there is a potential change order, the contractor and Stanley would write up the change with costs and present the change order to the Trustees for approval.  The vast majority of the change orders will be handled at a regular Trustee meeting.  This resolution would only be needed if a quick decision needed to be made, for example, bad rains  and you need to make adjustments.   In the construction world this is called a “cardinal change” (a change that is required because of a serious situation). This would be a rare occurrence but it can happen.  The Contractor doesn’t care – this is about how the Trustees are going to handle change orders.  Gifford asked does this resolution handle hard emergencies where minutes and hours can make a difference?  Kramer made a motion to approve the resolution and Burger second.   Burger said these would be change orders that come up unexpectedly.  Colgan said he sees this would be used on the spot and we wouldn’t have a written recommendation because we have mechanisms in place to approve normal change orders.  Leonard said this would be to support Colgan if we need to make a quick decision.  Burger said we have given Colgan the  authority to manage the project and we just passed a contract that gives the Stanley Enginneer authority so why wouldn’t we give them authorization.  Burger said he is not sure we can give 3 Trustees the ability to approve monies.  He would rather give to Colgan and the Engineer and if it is 24 hours or more, notify the entire board.   Leonard said Colgan is a volunteer and we put him at risk and it is not his role to make monetary decisions.  Gifford said removing a layer may be a good idea.  Gifford said we need to lay out the process and Kray recommended a work session.  Burger made motion to table,  Kramer second, all ayes, motion passed.  All parties checked their calendars and it was decided to have a work session on May 1.

Committee Updates

Finance – Burger has been working on the Builders Risk Insurance

Dam Construction/Timeline – Thursday April 24^th is the ground breaking ceremony. TV Stations and local newspapers will participate.  An email will go out tomorrow.

The DNR received approximately 200 comments for the Phase II permit public hearing and most were supportive.  The DNR will be addressing the public who had questions or concerns.  We anticipate the Phase II permit by mid to late May. 

Davidson said meeting with the contractor went very well.  There were good discussions and they spent an hour down by the dam. 

Leonard has asked Holman and Colgan to be prepared for Phase II bid release. Colgan said it is 99% complete already. 

Kramer asked if we could move our regularly scheduled meeting on May 15^th to May 22^nd as her reports wouldn’t be ready by that time.  A majority of Trustees had issues with that date so it was agreed the May Trustee meeting will be Wednesday, May 21^st.

Kray discussed her conversation with Dennis Lyons on septic and gave details.  The DNR and Lyons would like to come to the next meeting and have an open house so the public can ask questions of them regarding septic tanks in the District.  All agreed that would be a good idea.

Jim Locke said that the well for the dam building and the house is in the basement of the house and you have to crall into a small space to reach the shut off.  They did drain the house and opened  the nuckle and water flowed out of the pipe that goes across to the building. There are no shut offs in the office building. 

Public comment – Locke said down in the office are water flow documents and is there any reason we need to keep them.  Colgan said he would like to see them.  He will know what is important and can advise what we can discard if anything. 

Aschbrenner said he would like to see those up for re-election in July to run again.  He believes they have done a good job.

Dave Larson volunteered to look at the plumbing in the house and office building as he is a retired plumber.  The board thanked him for offering and will use his services.

Davidson moved to adjourn the meeting and second by Schneider, all ayes, motion passed.  Meeting adjourned at 8:29 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, March 20, 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 6:32 PM at the Maquoketa Valley Middle School Conference Room.

Trustees present: Leonard,  Kramer, Davidson, Schneider and Burger and Gifford by phone and Kray by Skype 

Trustees absent:  n/a

Visitors: Larry Peter, Eve Peter, Ed Schmidt, Brian Monk, Andy Coleman, Doug Camp, Todd Boone, Larry Aschbrenner, Chip Hughes, Angela Holt, Bob Galiher, Chris Stender, Tom Houlahan, Kathy Houlahan, Dave Larson, and Pat Colgan, and Bill Holman by phone

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

Kray requested approval of minutes for the 2/20/2014, 3/6/2014 and 3/11/2014 meetings. Kramer made motion to approve, Schneider second, all ayes, motion passed.

Kramer requested approval of payments for the General Fund as follows: Alliant – $28.91; L&L Consulting – $2,000; News Publication – $13.44.  Payments for the Bond Fund as follows: Delaware County Abstract – $1,193; DesMoines Register – $74.70; Laurie Kramer for postage to Stanley Engineering – $32; Simmons Perrine Moyer Bergman – $9,134.75; Stanley Consultants – $14,766.59; Pat Colgan for travel – $674.62.  Discussion regarding Colgan reimbursement as County Auditor is unclear if this is a 1099 event.  Burger asked who would decide and Kramer advised our auditing firm, Hunt and Associates.  Motion to approve all payments except Colgan reimbursement until opinion from Hunt & Associates is received made by Davidson, Schneider second. Leonard asked Holman when contractor bills come in for Phase I, if Stanley will pay them.  Holman said they will review and approve but will not pay.  Agreements will need to be made with the contractor as to procedures and a release process.  Burger has a question on the attorney bill as there is a notation with “reread 28E agreement” as no charge but there is a $40 charge noted.  Kramer will check with Simmons Perrine on that issue.  Burger also noted the attorney bill is high but a lot was accomplished.  Vote taken on the motion, all ayes, motion passed.

Kramer reviewed financial summaries.  The general fund had a beginning balance of $95,902.42 and after revenues and expenses ended with a balance of $98,325.31.  The fund for the bond payment started with a balance of $160,516.21 and after revenues ended with a balance of $176,179.89.  The bond fund started with a balance of $5,590,505.36 and after interest and expenses ended with a balance of $5,629,764.71.  Motion to file reports by Davidson, Schneider second, all ayes, motion passed.

Leonard reviewed the request for a conflict of interest form from Simmons Perrine.  The party purchasing the property next to the old Rusty Peck property is a customer of Simmons Perrine.  There needs to be further clarification of the easements on the Peck property with this property purchase.  Simmons Perrine has asked the potential buyer to work with another attorney firm for the real estate purchase.  There was a short amount of time when Simmons Perrine was involved with both parties so they have asked us for consent to the conflict of interest.  Kramer moved to sign the form, Davidson second, all ayes, motion passed.

Stanley Engineering Supplemental Agreement 21 and 22 were introduced. Agreement 21 includes working with the District for the purchase of property and easement work, permitting with SHPO, the DNR and the Corp.  The amount on the agreement is a not to exceed $20,000. Agreement 22 is for engineering support during phase I and for bid advertisements, and the pre-bid meeting, etc. with a not to exceed amount of $17,000.  Motion to approve Supplemental Agreements 21 and 22 by Schneider, Davidson second.  Individual roll call requested, all ayes, motion passed.

Leonard asked Holman to review bids received.  Holman said he had provided the Trustees with a letter summarizing Stanley’s selection work.  He indicated we received 4 bids and they were very similar in price which gives us confidence that this is a good price.  The amounts were also close to the engineer estimate as well.  Lunda Construction was the low bidder by about $40,000.  Stanley and Pat Colgan verified everything is in order according to the specs.  Did verification of of several points that are critical in the design and verified experience on each point in the RFP.  References were also called for verification purposes.  Stanley also followed up on the subcontractors as well.  Holman confirmed that Lunda Construction met all the requirements of the bid and was the low bidder and now recommends Lunda Construction should be awarded the contract. Davidson asked how Lunda Construction’s previous work compared in scope and size.  Holman said in a previous project that Stanley Engineering worked with Lunda, the project was about the same size and also built a labryinth dam and was very similar in nature to our project.  Burger asked Holman if he was comfortable that Lunda Construction could handle our project and Holman said his is comfortable and that all contractors that bid were solid contractors and Stanley had experience with 3 of them.  Colgan added that he agreed 100% with Stanley Engineering’s analysis.  Colgan agrees that Lunda Co. had the best bid and they have been doing business a long time.  They are a quality company and give great attention to detail. Holman said Lunda has a reputation for helping to solve problems and one of the references that were called confirmed that.  Burger made motion to accept Stanley Engineering’s recommendation of Lunda Construction for the winner of the bid of Phase I Reconstruction of the Lake Delhi dam, Davidson second.  All Trustees indicated they were happy with the analysis. 

Individual roll call requested, all ayes, motion passed to award official contract to Lunda Construction Company.  Holman will draw up the notice of award for the District to sign and will call Lunda Construction.  Holman said he will arrange a pre-start construction meeting. 

Committe updates –

Finance – Burger said he has been reviewing options for Builders Risk insurance and he and Leonard met with our insurance agent.  The agent has given us proposals with various  levels of coverage and he is working through that process for us to move forward.  He also indicated the Finance Committee needs to discuss how payments to the contractor will work.  He also suggests a work session with all Board members to discuss change orders and the payment process.

FEMA – Leonard spoke with Doug Herman and he has had communication with Homeland Security but is not quite ready for a draft to the Trustees.

Dam Construction/Timeline – all property owners have received DNR letters which is a required process for public notice of our construction.  Property owners are encouraged to respond with a personal prospective in giving positive response for the reconstruction.  Once the permit is received for Phase II we will immediately go out for bids as there is not much left to do for those bid specs.  The receipt of the permit and coordination with the coffer dam to allow water to go through the powerhouse will dictate when Phase II can start.

State/County Legislative – Leonard spoke with Gary Grant today about the language for the clarification in regards to our tax bill.  He believes it looks good and doesn’t see any resistance.  Davidson asked if the bill is by itself now and Leonard said yes but that can change it goes through the process.

Property/Management – Kramer said demolition of the old Peck property is on Harbach’s calendar and he will move forward.

Leonard said received a letter from Jack Klaus from the Manchester Chamber of Commerce in support of the lake.  Leonard read the letter and indicated Klaus will forward to John Garton with the DNR.  Leonard thanked Klaus for his support of Lake Delhi.

Larry Aschbrenner advised he and Tom McLaughlin did the Guest Bartender day for St. Patrick’s day again this year at the Pizza Place.  He thanked Jim and Darlene Cleary for allowing them to participate in this event again at the Pizza Place as Larry and Tom donate the money in the tip jar to the Community Fund to Rebuild Lake Delhi.  This year the proceeds to the lake are $443 and there has been a total donation of over $1300 in the 3 years they have participated in this event. Leonard thanked Larry and Tom for the donation of time and funds.

Public comment – Ed Schmidt asked what was the reference to the boat ramp issue in the Stanley Engineering Supplemental Agreement and Leonard advised it was work in allowing us to mobilize in the area of the DNR boat ramp on the north side of the dam.

A question was asked if the contractor will try to  hire local help? Holman said he didn’t know who they have talked to or partnered with and they may have not made their final selection.  Will we be using the wicket gates and Holman advised we have to see if they are operational and then may need to readjust things but again, we won’t know until we excavate in that area.

Larry Peter said the instructions with the Steel Fab gates were included when they were moved but he didn’t believe they were there now.  In addition, the electronics had not been shipped.  Colgan said that will be worked out with contractor and they will discuss it in the pre-construction meeting.

Larry Aschbrenner asked what was the estimate of Phase I and Phase II. Leonard said for Phase I it was $4,424,729.08 and Phase II was $6.7 million.

Larry Peter wanted to confirm that we had an asbestos inspection and that a report still needed to be filed.  Kramer indicated the DNR said we didn’t need to do this because it wasn’t a business.  Kramer will confirm her records.

A question regarding the fact that the DNR letter said building the dam won’t alleviate flooding from upstream properties.  Leonard asked Colgan to comment and he said the letter references a 1% chance and we need to think of that as the 100 year flood.  It would be like the 2008 high water event and it should not be worse than that event with the new dam in place.  

Motion to adjourn by Davidson, second by Schneider.  All ayes, motion passed, meeting adjourned at 7:38 pm.

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Tuesday, March 11, 2014 – 6:30 p.m.

Heritage Bank 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 1:30 PM at the Heritage Bank Conference Room

Trustees present: Leonard,  Kramer, Burger, Davidson and Schneider by phone and Kray by Skype

Trustees absent: Gifford

Visitors: Gordon & Patricia Anderson, Larry & Eve Peter, Dean & Marlene Montour, Jerry Ries, Brian Monk, Brian Jacob, Larry Aschbrenner, Ben Kindred, Alison Johnson, Jim Locke, John Hess, Randy Rattenborg, Jason Wenger, Greg Van Elzon (Lunda rep), Matt Van Heiden (PCI rep) Chris Stender, Wayne & Jenny Garvin, Bill Weers, Randy Sweet, Travis Niehaus

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

Leonard opened the bids received for the Phase I Reconstruction of the Lake Delhi dam.  The bids are as follows”

Cramer and Associates – $4,590,960.00

Peterson Contractors Inc. – $4,649,528.44

Lunda Construction – $4,551,199.71

ASI/ECI Joint Venture – $4,677,571.00

A motion was made by Burger to forward the bids to Stanley Engineering and the District Project Facilitator for further review and recommendation to the board, Kramer second.  All ayes, motion passed.

Public comment – Pat Colgan said he was very happy with the companies that bid and that they were so close in numbers for the total bid package. He said he and Stanley Engineers would review the bids and look at various aspects including the qualifications of the contractor and also the qualifications of the contractor’s supervisor.

Motion to adjourn by Burger, Kramer second.  All ayes, motion passed and meeting adjourned at 2:02 pm.