Minutes for Trustee Special Meeting – June 5, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Work Session

Thursday, June 5, 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 6:35 p.m. at the Maquoketa Valley Middle School Conference Room.

Trustees present:  Leonard, Davidson, Schneider, Gifford, Kramer and Burger

Trustees absent:  Kray

Visitors: Ed Schmidt, Don & Pat Dede, John & Pauletta Carbaugh, Jason Wenger, Lou & Sue Christensen, Jody Antrim, Ken & Barb DeKlotz, Pat & Chloe Colgan, Wanda Davidson, Margie Schneider, Marcheta Cooey Lux

Leonard reviewed the agenda. Motion made by Burger, second by Gifford to approve agenda.  Motion carried.

Jason Wenger, from The Burrington Group, gave a short presentation on the septic bid package his firm was proposing for the Rocky Nook area.  A motion was made by Kramer, second by Gifford to approve the bid package.   There was much discussion regarding the inclusion of the Advantex system in the proposal.  Several Trustees expressed concern that having this specific system in the bid package would prohibit other systems from being looked at.  Wenger told the Trustees that he was trying to provide a package that the DNR would accept.  It was suggested that several Trustees meet with Dennis Lyons from the Delaware County Sanitation Department and Dan Olson from the Iowa Department of Natural Resources to come up with a solution to the language needed to put the septic system out for bid.  There are some time constraints as the agreement with the Rocky Nook calls for the system to be completed in November of this year.  Kramer amended her motion to table acting on the bid package, Davidson seconded.  Motion carried.

Kramer presented the Trustees with Lunda Construction’s second payment of $180,844.66.  Motion was made by Burger, second by Schneider to approve payment.  Motion carried.

Kramer asked the Trustees to approve filing submission of claims to the DNR for reimbursement per our agreement with the State of Iowa.  The total amount for reimbursement is $463,254.40.  This includes the two payments to Lunda Construction and two payments to Stanley Engineering.  Motion by Schneider, second by Burger to approve. Motion carried.

Leonard asked Kramer to provide an update on the Peck property demolition. Kramer told the board that demolition had begun and Randy Harbach felt he could complete the project in the next couple of days. Kramer also mentioned that everything regarding the demolition project had been cleared with the DNR.

Leonard announced to the board that as of this afternoon he had heard from Jon Garton with the IDNR regarding our Phase II permit.  Mr. Garton sent Leonard a letter stating that approval had been given for the flood plain permit to reconstruct and maintain the dam.   Leonard expressed that this was very good news for Lake Delhi.

 

There being no public comment, a motion was made by Burger, second by Gifford to adjourn.

Agenda for Trustee Special Meeting – June 5, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, June 5, 2014

6:30 p.m.

Delhi Middle School Conference Room

Delhi, IA

 

  1. Call to Order
  2. Approve Agenda
  3. Consideration and possible action on Rocky Nook Septic System bid package
  4. Set date for opening of Rocky Nook Septic System bids
  5. Consideration and possible action on payment #2 to Lunda Construction
  6. Consideration and possible action approving submission of claims to the Iowa Department of Natural Resources for reimbursement.
  7. Public Comment
  8. Adjourn

 

 

 

 

Minutes for Trustee Regular Meeting – May 21, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Wednesday, May 21, 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 6:32 PM at the Heritage Bank Conference Room.

Trustees present: Leonard,  Kramer, Davidson, Schneider, Burger, Gifford, Kray

Trustees absent:  n/a

Visitors: Jim Locke, Ed Schmidt, Don Dede, Pat Dede, Larry Peter, Dave Larson, Jody Antrim, Dick Beck, Ben Pasker, Corey Groth, Dwayne Donels, Jim Willey, Dan Staebell, Dan Kimball, Gary Grant, Jason Wenger, Shirley Helmrichs, Carla Becker, John Hess, Sara Millhouse (Dyersville Commercial) and Pat Colgan by Skype 

Agenda was reviewed by Leonard and he asked for a change in the Lobbyist contract action to discussion.  Motion by Gifford to approve agenda with change, Burger second, all ayes, motion passed.

Leonard opened the public hearing for the Rocky Nook Area On-Site Wastewater Treatment and Water Main Improvements.  He explained to build the spillway required a purchase of property from the Rocky Nook Association (RNA).  In the purchase document between the District and RNA, there was an agreement by the District to replace the septic system as we would need to remove it for construction purposes. Wenger explained the design for the Rocky Nook system.  After discussions with Dennis Lyons (County Sanitarian) and Dan Olson of the DNR, the plan is to utilize 3 separate Advantex systems.  The design required the ability to service 34 locations.   The individual hook up is the responsibility of each property owner.  Wenger also noted that installation of new water services to each of the RNA properties was also required. 

 

Leonard opened up the public hearing to the community.  Larry Peter asked if there had been any discussion regarding the old house and office system – would it be a possibility to tie into this project while the contractors are there.  Wenger said it could work as the septic system for the house is not up to code so if we are thinking of using it again, the septic tank would have to be replaced.  However, it would need to have its own separate contained system.   Ed Schmidt asked who is responsible for the RNA system after it is installed and Leonard advised RNA has responsibility for ongoing maintenance.  Ben Pasker asked what the engineering cost estimate is? Wenger said $236,000 for both the septic and water system.  Jody Antrim asked if the Advantex system is the only one they looked at because he said a Weco (sp) system is half the price.  Wenger said looked at others and this is the recommendation based on their design and conversations with County Sanitation.  Wenger indicated if a contractor wants to propose a different system, he would analyze it.  Gifford said he would like the bid to advise that a contractor can propose a different system and it would be considered.  Wenger said he can add an addendum to explain that.  Since no further comments, a motion was made by Burger to close the public hearing, Davidson second.  All ayes, motion passed and public hearing was closed at 6:54 pm. 

Kray requested approval of 4/17/14 and 5/1/14 minutes.  Gifford made motion to approve, Kramer second.  All ayes, motion passed.

Kramer detailed billings for the General Fund.  Alliant Energy – $21.96; Hunt & Associates (Annual Compilation report) – $750.00; L&L Consulting – $2000; News Publishing – $26.24; Simmons Perrine Moyer Bergman – $520.05.  Billings for the Bond Fund are Lunda Construction for General – $119,872; for Demolition – $834.00; for Construction – $151,466.15 and Simmons Perrine Moyer Bergman – $3,268.75.  Kray made motion to pay billings for the General and Bond funds, Burger second, all ayes, motion passed.

Kramer gave review of the Financial report for month ending April 30, 2014. The General Fund began with a balance of $148,635.67 and after revenues and expenses, ended with a balance of $155,193.51.  The Debt Service Fund began with a balance of $327,215.43 and after revenues ended with a balance of $355,013.70.  The Dam/Spillway fund started with a balance of $5,346,302.06 and after revenues and expenses, ended with a balance of $5,244,522.43.  Motion to file financial reports by Davidson, second by Gifford, all ayes, motion passed.

Kramer covered compilation report received by Hunt & Associates through the County Auditor’s office.  It is a summary of our assets and liabilities.  The comment at the end of the report said we did not exceed our budget so there is nothing to report.  Kramer made motion to approve the compilation report from Hunt & Associates, Davidson second.  All ayes, motion passed.

The Kristin Nation boat dock easement was introduced by Leonard.  Kristin Nation purchased the property next to the ramp by the south side of the dam from Pam Hargrafen.  Leonard worked with our attorneys to clean up the easement language between us and the new owner.  The District still has to file for the dock permit because we are the owner of the property where Nation will place her dock.  Agreement has been signed by Nation and notorized and Leonard needs board approval to sign on the District’s behalf.  Motion made by Kramer to approve the easement agreement, Davidson second, all ayes, motion passed.

Davidson explained at the last meeting himself, Gifford and Schneider agreed to conduct a meeting with the Lobbyists to better understand their contract and upcoming issues.  Davidson explained due to scheduling conflicts, himself and Kray met with Gary Grant.  Davidson shared a document that Grant provided detailing what his organization had accomplished and additional or ongoing issues.   Gifford said he had some concern about pursuing money so early again and he spoke with Grant and Larry Murphy and they added ideas for grants that are not in the same classification as the funds we already received from the state.  Gifford said he would like to focus on our return on investment.  Kray confirmed with Grant that grant receipt is based on the merit of the request, not legislative influence and Grant indicated that was the case.  Burger said all the Trustees aren’t aware of all the Lobbyists do for us so if we are to move forward, he would want communication not just to the President but to the entire board on a monthly basis.

Kray said the Trustees have not looked at our long term strategy so it is difficult to say what we would have the Lobbyists work on.  She feels we need to do this first before moving forward.   Burger wants to table this for a month so we all can look at it more.  Leonard said the Lobbyists have helped us build a lot of political capital at state house and feel they are a tool for us to use for success in the future. 

Leonard read the job description for the Recording secretary position detailing roles and responsibilities which include recording of minutes and some financial work.  Leonard stated he feels these are 2 separate responsibilities and the Auditor’s office handles our financials.  Burger said we are trying to hire someone to take minutes but asking that they also have a financial background and we are not talking about replacing the Treasurer.  Burger said he feels it would be prudent to move forward to hire a person with these 2 qualifications.  Burger made motion that we refer the Recording Secretary job description to the Budget/Finance committee so they can produce a recommendation for the type of person that we want to hire. Burger said he will step out of this meeting and have Kray replace him as she is the Clerk,  Schneider second.  Leonard asked Carla Becker to explain her role as it pertains to the District’s finances. Becker said her role is to track all funds and handle them according to Iowa code.  She does the same kind of accounting with Delaware County funds as well as the DNR funds so all entities are treated the same.  By allowing the County to handle our accounting, it solved any problems and question of transparency and openness.  In addition, since we were granted state funds, it is now a contractual issue with the state that the County perform our accounting.  Burger restated his motion to refer the job description to the Budget/Finance committee and have them bring their recommendation to the board, Davidson second, all ayes, motion passed.

Colgan discussed the revised operations plan and advised it is not a lot different than the original.  We need to submit this plan to the DNR to show we are capable of operating the dam once it is completed. This is required prior to the DNR providing our permit to impound water.  Our original plan was given to the DNR and the revised plan answers and clarifies their questions about such items as dissolved oxygen levels, freezing conditions, etc.  Most lake properties will see normal lake levels and that is what the operations plan tries to accomplish.  Colgan recommends that the board approve the updated operations plan and if done this evening, the new plan will be submitted tomorrow.  Once this version is forwarded to the DNR, we will see if they have additional questions.  When the DNR approves the revised plan, we should receive the permit about 2 weeks after that.  Motion by Schneider to approve the revised operations plan, Davidson second,  all ayes, motion passed.

Colgan advised we received Change Order #1 from Lunda Construction because of some additional cement that needed to be removed that was not on the original drawings but was found after excavation.  The cement fixture is right where the rock anchors need to go so it is necessary to have it removed.  The amount of the change order is $8,214.50. Motion to approve change order #1 by Gifford, second by Kramer.  All ayes, motion passed.

Burger read Resolution 5.21.14 that allows for change orders in emergency situations.  Motion to approve resolution by Schneider, second by Gifford.  Individual roll call requested, all ayes, motion passed.

Committee updates

Finance – nothing to report

Dam Construction/Timeline – Colgan indicated that river flow has not been a problem for the last 3 weeks.  The rain has restricted work somewhat but the contractor is catching up.  The upstream coffer dam is being worked on.  The most significant news is that the 2 large tubes built in 1928 and used during that construction are not full of concrete and we will hopefully be able to use them, however we need to see both sides of the tubes before that can be determined.  If we can use them, it will reduce the Phase II coffer dam costs. Demolition activity is going on at the top of the dam and they are also pulling out the  old gates in pieces.  Things are going very well.

State/county legislation – Grant said the sales and property tax clarification law went to the Governor’s office on May 9th and it is not signed yet.  He has 30 days to sign but does not see any issues as this is an appropriations bill.

Property Management – Kray asked if the issue with the power in the old house had been resolved so we can get water to the office building.  We have electricity in the office building and there is no electric service at the house where the well is located.  Dave Larson said we need to hire an electrician to see how to get power to the pump.

Leonard thanked Carla Becker for coming today and thanked her for the level of service she gives the District.  He also recognized Shirley Helmrichs, Delaware County Supervisor who was in attendance. Supervisor Helmrichs applauded us as we have come a long way and she doesn’t want to see us go backwards.

Public Comment – Sara Millhouse advised we may want to look at the change order resolution to make sure we don’t have an issue with the open meetings law.  If emails are utilized, it is considered an electronic meeting.  She suggested calling a special meeting or refer the request to a committee.  Burger suggested we have our attorney look at it. 

Motion to adjourn by Davidson, second by Gifford, all ayes, motion passed. Meeting adjourned at 8:13 pm.

Agenda for Trustee Regular Meeting – Wednesday, May 21, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Wednesday, May 21, 2014

6:30 p.m.

Heritage Bank Conference Room

Delhi, IA

  1. Call to Order
  2. Approve Agenda
  3. Open Public Hearing for Rocky Nook Area On-Site Wastewater Treatment and Water Main Improvements
  4. Close Public Hearing
  5. Consideration and approval of minutes of Previous Meetings
  6. Consideration and approval of Payments
  7. Review Financial Report
  8. Consideration and approval of annual compilation report by Hunt and Associates
  9. Consideration and possible action on Nation Boat Dock Easement
  10. Consideration and possible action on continuation of Lobbyist contract
  11. Consideration and possible action on Recording Secretary hire
  12. Consideration and possible action on revised Operations Plan
  13. Consideration and possible action on Change Order #1 with Lunda Construction
  14. Consideration and possible action on Change Order Resolution
  15. Committee Updates – Finance, Dam Construction/Timeline, State-County Legislative, Property Management
  16. Public Comment
  17. Adjourn

 

 

Lake Election Time Table

Please find the time table for the upcoming Lake Delhi Trustee election on July 22, 2014.  There are 3 positions available for  3 year terms.

By Monday, May 12, 2014 there will be a copy of the published public notice and a fillable Affidavit of Candidacy form available on the county’s website located at: www.co.delaware.ia.us

 

TIME TABLE

LAKE ELECTION

Tuesday, July 22, 2014

12:00 Noon – 8:00 PM

05/14/2014           Publish Notice of Candidate Filing Deadline

06/06/2014           Last day for Candidates to file Affidavits of Candidacy with Auditor

07/02/2014           Submit Public Notice and Sample Ballot to the Manchester Press

07/07/2014           Worry Free Postmark date

07/09/2014           Public Notice Published in the Manchester Press

07/11/2014           Pre-election Voter Registration Deadline

                                (To have name in election register)

07/12/2014           Auditor’s Office Open on Saturday from 10 am – 2 pm for absentee voting

07/18/2014           Last day to request absentee by mail (5:00pm)

07/22/2014           Absentee Voting open until 11:00 am at Auditor’s Office

                                 Election Day (Polls open from Noon until 8:00 pm)

 

Minutes for Trustee Special Meeting – May 1, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, May 1, 2014 – 2:00 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 2:04 PM at the Heritage Bank Conference Room.

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

Trustees absent:  Davidson

Visitors: Jim Locke,  Dave Larson, Larry Peter, Pat Dede, Bill Lux, Marcheta Cooey Lux, Pat Anderson,  Gordon Anderson, Tom Cook, Marilyn Cook, Jason Wenger, Sara Millhouse (Dyersville Commercial)

Agenda reviewed by Leonard   He requested to add a timely change for approval of the President signing the document for terrorism insurance included in our business risk insurance.  Motion made by Schneider to approve agenda with timely addition, Kramer second, all ayes, motion passed.  

Leonard advised we added terrorism insurance in our builders risk insurance. The document he needs to sign is simply to say we have this added insurance.  Kramer made motion to approve Leonard to sign the form as we approved the policy at the last meeting, Schneider second.  All ayes, motion passed.

Leonard introduced the document he needed to sign as President that allows for temporary electric service to be installed for the benefit of Lunda Construction.  The district, as the owner of the dam, needs to sign the form allowing the electric service, however, Lunda Construction will be paying for it.  Kramer made motion to approve Leonard to sign the form, Kray second, all ayes, motion passed.

Burger arrived at 2:09 p.m.

Kramer advised the debt service interest only payment for the LDRA for $36,625.00 was due June 1st .  The payment is made to the LDRA to allow them to make their payment to Bank Iowa.  Kramer made motion to approve, Burger second, all ayes, motion passed.

Kramer presented the payment of $674.52 for Pat Colgan’s travel expense (flight and rental car) on his 2/16/2014 trip. Schneider made motion to approve, Kramer second, all ayes, motion passed.

Kramer discussed the need for grounds keeping at the building site by the dam.  The LDRA paid her husband, Randy Kramer last year as grounds keeper.  Her question is if we want him to continue as grounds keeper this year.  His charge is $75/time for mowing.  Motion to approve Randy Kramer to mow the dam building property on an as needed basis at his discretion for $75/event by Burger, Schneider second.  Kramer abstained from voting, remainder all ayes, motion passed.

The Safety and Operations Plan was discussed by Colgan and Holman. Holman indicated this document is required to allow for a permit to impound water.   It describes operating procedures and monitoring and inspection of the dam and is a living document.  As we move forward through Phase I and work into Phase II there will be tweaks to this plan but fundamentally it won’t change.  Colgan said that we can’t finish the operational plan until we receive the gates as we will need more detail.  This document now gives the DNR an opportunity to review it.  Colgan recommends the draft document as written.  Motion to approve Lake Delhi Dam Draft Operation Plan dated May 1, 2014 by Kray, Burger second.   Colgan said 95% of the time there  is nothing to do, it will operate like a fire department for example. Basically, the dam and gates will operate based on the options we pick.  We will need to depend on people to move the gates and that is the seriousness of the plan but in typical summer life, there won’t be much to do but monitor the dam.  Leonard requested a vote on the motion, all ayes, motion passed.

Holman explained the Phase II designs were forwarded to us as they need to be sent to the DNR for permit issuance.  These are essentially the drawings that are ready to go out for bid.  Stanley Engineering will keep the DNR abreast of any changes that will be made, if any, prior to going out to bid.  Motion to approve Lake Delhi Dam Phase II designs by Kramer, Burger second,  all ayes, motion passed.

Jason Wenger from Burrington Group spoke regarding the Rocky Nook Waste Water Treatment and Water Main Project.  Because of the proximity to the river, a traditional system cannot be used so the design is 3 different systems that will connect to up to 7 or 8 cabins each to provide sewage service.  Wenger said he would like to advertise the contracts and solicit bids and then hold a public hearing after the bids are received.  Burger believes according to Iowa code that we have to hold a public hearing first and then notify the bidders. Wenger said they have done it both ways.  It was agreed to set the public hearing for May 21st.    The Bid letting date will be June 10th   at the Delaware County Courthouse at 2PM and then we will award the bids at our regularly scheduled meeting on June 19th.  Designs and drawings will be distributed to the Trustees prior to the May 21st meeting.  Motion authorizing Burrington Group to set the public notice for the bids on May 21st at 6:30 at the Maquoketa Valley Middle School for the public hearing for the Rocky Nook Water Waste Water Treatment and Water Main Project by Burger, Schneider second, all ayes, motion passed.

Public Comments was added to the meeting and Larry Peter asked if the state tax issue was approved last night.  Leonard advised yes.  Peter also asked what was the feedback like from the DNR letter.  Leonard said there were a few responses that voice concern but the DNR will be responding to them shortly.  Peter than asked if the DNR has to sign off on change orders.  Colgan advised no, only if we were changing something fundamentally.

Motion to adjourn meeting by Burger, Kramer second, all ayes, motion passed.   Meeting adjourned at 2:48 pm.

Agenda for Trustee Special Meeting – May 1, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, May 1, 2014

2:00 p.m.

Heritage Bank Conference Room

Delhi, IA

  1. Call to Order
  2. Approve Agenda
  3. Approval of President to sign Alliant Commercial Service Application
  4. Consideration and possible action on payment of interest only LDRA Debt Service
  5. Consideration and possible action on payment of Colgan travel expense
  6. Consideration and possible action on grounds keeping in the dam site area
  7. Consideration and possible action of Safety and Operations Plan
  8. Consideration and possible action of Phase II designs

  9. Consideration and possible action of authorizing Burrington Group, Inc. to publish “Notice to Bidders and Notice of Public Hearing” for the Rocky Nook area on-site Waste Water Treatment and Water Main project

  10. Adjourn

 

 

Immediately Following – WORK SESSION

 

  • Work Session – Lake Delhi Combined Recreational Facility and Water Quality District Board of Trustees
    • Draft change order policy, communication and procedures
    • Draft recording secretary job description

 

Minutes for Trustee Regular Meeting – April 17, 2014

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 24th 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 15th to May 22nd 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 21st.

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.

Agenda for Trustee Regular Meeting – April 17, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Thursday, April 17, 2014

6:30 p.m.

Maquoketa Valley Middle School Conference Room

Delhi, IA

  1. Call to Order
  2. Approve Agenda
  3. Consideration and approval of minutes of Previous Meetings
  4. Consideration and approval of Payments
  5. Review Financial Report
  6. Consideration and possible action on resolution to approve the upcoming debt service payment
  7. Consideration and possible action on resolution to authorize Delaware County to conduct the upcoming Trustee election
  8. Consideration and possible action on Builder’s Risk Insurance
  9. Consideration and possible action on Stanley Engineering Supplemental Agreements #23
  10. Consideration and possible action on Lunda Construction contract
  11. Consideration and possible action on Change Order Resolution
  12. Committee Updates – Finance, Dam Construction/Timeline, State-County Legislative, Property Management
  13. Public Comment
  14. Adjourn

 

Minutes for Trustee Regular Meeting – March 20, 2014

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.