Minutes for Trustee Special Meeting – November 6, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, November 6, 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 6:33 PM at the Maquoketa Valley Middle School Room.

Trustees present: Kray, Leonard, Burger, Colgan, Davidson

Trustees absent: Gifford and Kramer

Visitors: Diane Bauer, Larry Peter, Ed Schmidt, Don Dede, Pat Dede, Jim Locke, Phyllis Locke, Dave Larson, Chloe Colgan, Larry Aschbrenner, Bob Klima

Agenda was reviewed by Leonard and motion to approve the agenda by Kray, Davidson second.  All ayes, motion passed.

Colgan explained that our agreement with Lunda Construction was based on lump sum bidding but if the contractor does work that is not in the contract or may find a different way to complete a task, change orders are created.  Change Order #7 from Lunda Construction deals with the dewatering of the cofferdam after our huge water event in June.  Both of the upstream and downstream sides of the cofferdam were flooded and it took 3 weeks before work could continue.  Leonard made motion to approve Change Order #7 in the amount of $47,403.29, Davidson second.  Davidson asked who negotiated.  Colgan conferred with Stanley Engineering on this change order and we saved monies by waiting to pay this claim.  After the flood, the rest of the construction year had ideal weather and river flow conditions allowing the contractor to recover lost time from the flood  All ayes, motion passed.

Change order #9 from Lunda Construction was explained that it is for field modifications that needed to be made to rock anchor rods.  Colgan indicated that Stanley Engineering is recommending that we deny this change order as our bid drawings indicated a plus or minus measurement in this area.  Leonard made motion to deny Change Order #9 from Lunda Construction, Burger second.  Burger asked if Lunda is aware Stanley recommends rejecting the change order and Colgan indicated Lunda is aware.  Vote taken on motion to deny change order, all ayes, motion passed.

Colgan explained Change Order #10 from Lunda Construction for $2.776.29 was for concrete work done to cover rock bolts that wasn’t necessary. Stanley Engineering and Colgan recommend denying the change order. Davidson made motion to deny Change Order #10, Burger second. Leonard asked Colgan if there was any downside risk as to how the contractor completed the work and Colgan said no.  All ayes, motion passed.

Change Order #11 is for $8431.72 and was requested by Lunda for a subcontractor.  According to our contract if there is a 15% under run on an item, the contractor can request an adjustment.  This is based on the amount of grout used under the powerhouse.  Davidson made motion to approve, Burger second, all ayes, motion passed.

Change Order #12 is for the lifting beam for the stop logs.  Colgan explained that Linita is the flood gate vendor under contract with Lunda Construction.  The District supplied the gate lifting mechanisms made by Steel Fab from a previous contract and were shipped to Linita for their inspection and repair if required. Linita must guarantee the operation of the entire mechanical systems in the water passage areas.  Linita indicated they could bring the existing beam up to standard for $27,000 or forward us a new beam for approximately $30,000.  Stanley Engineering is recommending purchasing the new lifting beam.  Leonard made motion to approve Change Order #12 in the amount of $35,815.05, Burger second.  There was discussion regarding whether we could scrap the old beams and Colgan indicated he would discuss with Stanley Engineering to see what it is worth.  A vote was taken on the motion, all ayes, motion passed.

Public comment – Before any public comment, Leonard advised that there is a written draft for the Lake Delhi Voice which will include information on the recent governors visit as well as an explanation regarding the declining of the Phase II bids by the board.  The lowest bid of the 3 bids came in $1.3 million higher than the estimate.  Colgan and Leonard explained there will be some changes made to the bid and we will be requesting a second bidding on Phase II.  Colgan feels the time of year will be better suited to construction and will have an impact on cost. 

Ed Schmidt asked if our insurance would cover the costs on Change Order # 7 and Burger said our builders risk insurance is not for pumping of water, etc. as it covers equipment that may be damaged. 

Dave Larson indicated that the price of scrap just went down to $140/ton and it may not be worth worrying about scrapping the gates.

Larry Peter asked if Phase II will have stop log items also and Colgan explained that included in the Phase II scope is a new feature called the stop log area that will provide a maintenance opening in the dam located between the existing concrete structure and the new labyrinth overflow spillway.  When operated it will allow logs and debris to be flushed down the river when required.  This is not to be confused with the stop logs that were a part of the change order.

Jim Locke asked why therewas so much disparity on the bid responses. Colgan said the timing of the work along with the availability of other job opportunities to contractors resulted in a bid offering that was not that appealing to contractors to give the District competitive bids.

Bob Klima thought Phase II had the cofferdams in the bids and Colgan said Phase I has two smaller cofferdams, one upstream and the other downstream to protect Phase I work.   Phase II has the major cofferdam that is needed to divert the river around the new dike and overflow spillway as well as a second smaller cofferdam to protect the work from river flow on the downstream side.  There are a total of 4 cofferdams, two for each phase but the Phase II upstream is the major cofferdam to restore Lake Delhi.

Motion to adjourn by Davidson, Burger second.  All ayes, motion passed. Meeting adjourned at 7:18 pm.

Minutes for Trustee Regular Meeting – October 23, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, October 23 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 6:34 PM at the Heritage Bank Conference Room.

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

Trustees absent:

Visitors: Larry Peter, Eve Peter, Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz,, Bonnie Hughes, Bill Hughes, Lola Galiher, Bob Galiher, Ben Pasker, Diane Bauers, John Hess, Dave Larson, Alan Shaffer, Richard Rusk, Larry Aschbrenner

Agenda was reviewed by Leonard and motion to approve the agenda by Kray, Burger second.  All ayes, motion passed.

Kray asked for approval of minutes from 9/23/14, 10/2/14 and 10/16/14. Davidson made motion to approve, Kramer second,  all ayes, motion passed.

Kramer reviewed the claims for October.  Requests for payment from the General Fund are Alliant Energy – $20.45;  Kramer Lawn Care – $375.00; L&L Consulting – $12,000.00 (Nov 2014 to Apr 2015); Simmons Perrine Moyer Bergman – $160.00; Bankers Trust (Bond Registrar fees)- $250.00; Delaware County Auditor’s office (election expense) – $1,090.51; Maquoketa Valley School District (Rent of admin bldg through Apr 2015) . Kramer advised of payments for the Dam/Spillway Fund which is Lunda Construction for $701,297.28; Laurie Kramer (postage for Phase II bids to Stanley) – $25.55; News Publishing (Publication for Phase II bid) – $70.04; Register Media (publication for Phase II bid) – $108.41.  There is also one payment request from the bond fund which is Bankers Trust – $120,296.25.   Burger made motion to approve payments of both funds, Kramer second. All ayes, motion passed.

Kramer reviewed Financial report for month ending September 30, 2014.  The General Fund began with a balance of $133,333.09 and after revenues and expenses, ended with a balance of $194,927.70.  The Debt Service Fund began with a balance of $82,324.54 and after revenues  ended with a balance of $242,165.84.  The Dam/Spillway fund started with a balance of $4,633,876.25 and after revenues and expenses, ended with a balance of $5,336,890.52.   Kramer also presented reports maintained by the County.  Motion to file all financial reports by Burger, Davidson second.  All ayes, motion passed.

The letter to the DNR requesting reimbursement for Phase I costs of $701,297.28 was discussed by Leonard.  Burger made motion to approve, Kramer second,  all ayes, motion passed.

Committee Updates

Lake Bed Clean Up – per Gifford work is continuing to proceed.  The committee has arranged for lended equipment from Paladin and getting volunteers from various neighborhoods to assist. 

Dredge – Leonard said the DNR is supposed to give the District a letter to allow approval for dredging around each property owners lake bed around their dock area.  The agreement will be for x number of cubic yards or x number of truckloads.  The letter will give specific details and we are expecting the letter soon.

Dam Construction – Colgan indicated that the major items for Phase I are done ( eg., Rock anchors, bolt system, patching, etc.)  Demolition of the old electrical system is underway.  The contractor is taking advantage of the good weather.

Water Quality – Kray advised the committee had a meeting to brainstorm as to what want the committee would like to accomplish and getting ready for next year.

Funding/Financing – Burger reminded the public the board gave authorization to draw $20,000 for the dredge payment so we could take advantage of better interest rates that usually occur in the fall.  Burger said he would like to begin the process and explained the rates and how they are configured.  Kramer indicated the County Auditor wants a letter requesting such from the LDRA President.  Burger/Kramer will draft the letter and forward it to Rich Hughes, the LDRA President.

Colgan explained the need for tree removal at Rocky Nook area on the properties the District now owns because they will affect the new sewer system.  He received 2 bids, one from the subcontractor and one from Weiner Co.  Weiner was the low bid at $2,915.75 and Colgan made motion to approve awarding tree removal to Weiner.   Kramer second the motion, all ayes, motion passed.

Davidson discussed the need to move the work platform as the 2 year agreement with Darryl Hogan has expired.  Davidson said he needed the funds allocated to pay for the cost of the move and he and Rich Hughes (President of the LDRA) have decided the dredge site will be the best location.  Burger made motion to approve up to $700 to move the work platform to the existing dredge containment site, Kray second.  There was discussion regarding the size of the work platform and what would be required to get the equipment into the dredge containment site. All ayes, motion passed.

Colgan explained the Stanley Engineering Supplemental agreement #25 allows for engineering services during the  Phase II bidding process which has already been completed and includes bid advertisement, the pre-bid contractors meeting, etc.  Colgan made motion to approve the agreement, Kramer second, all ayes, motion passed.

Stanley Agreement #26 was covered by Colgan and it is an allotment that would only be spent for regulatory support if needed from Oct. 2014 to Oct. 2015 up to $10,000.  Burger made motion to approve, Kramer second, all ayes, motion passed.

Stanley Engineering Agreement #27 was introduced and Leoanrd and Kramer indicated they think this agreement might cover work already done. Bill Holman is not available right now due to health issues.  Burger made motion to table, Kramer second, all ayes, motion passed.

Colgan discussed the Phase II construction bids and explained they had been opened at a district meeting last week.   Stanley Engineering went through the 3 bids received in detail.  All of the contractors gave a no bid for the 7/17/15 completion date and 2 of the contractors met the completion date of 9/4/2015 and one required a date of September 2016.  Stanley found that there were 4 areas that were  consistently higher than what they have seen in the current contracting environment in the Midwest.  The lowest bid is $1,300,000 million higher than the engineering estimate.  We have two decisions, either accept the Cramer Construction bid or reject all the bids and rebid the project.  Stanley Engineering thinks we can change items in the bid to reduce costs and rebidding would move the schedule so there is less work in the winter which can cost more.  Leonard asked Colgan for his recommendation as a trustee representing the district and Colgan indicated he believes we should reject the bids and rebid it. Leonard made motion to reject the bids and to call for a special meeting or at our next regularly scheduled meeting to set new bid dates, Kramer second.  Leonard is disappointed that the completion will not be in July and that the bids were so far over the engineer’s estimates.  Gifford feels strongly we should reject and re-bid and doesn’t want to wait. He wants Stanley to go back to the market place and get other sources for the construction materials.  Burger wants an update at  the next regular meeting and set the date for re-bidding at our November meeting.  There was discussion regarding when the dates for the rebid should happen and Colgan felt we should discuss further with Stanley Engineering.  Leonard amended motion to reject all bids, Davidson second.  Individual roll call requested, all ayes, motion passed. 

Stanley Supplemental Agreement #28 was explained by Colgan that it is for Braun Co to do additional soil work near the dam to see what the composition of that soil material is.  Leonard made motion to approve the agreement with a maximum of $7400, Kramer second.  Colgan confirmed this is only for the coffer dam and not for the dike structure.   All ayes, motion passed.

Burger explained the billing for the bonding attorneys to redo the schedule for the dredging loan is $4,500 and he would like to forward those funds to the LDRA for payment.  The bonding attorneys were necessary to retain the bonds as tax exempt bonds. Kramer said she reached out to Reyner (the Treasurer for the LDRA) and he indicated the funds are available and she believes it is the LDRA debt and they should pay it.  Leonard said he would like to consider tabling the issue until the next meeting.  Burger said he doesn’t believe there is any reason to table the issue.  Leonard made motion to change the billing name to LDRA and then pay funds to the LDRA to pay the  $4,500 Dorsey and Whitney billing, Burger second.  Kramer still has issue and doesn’t know what other expenses the LDRA has but is concerned about our funds and the debt the District has outstanding.  Burger said the district is saving hundreds of thousands to service this loan and so it is to our benefit to pursue the refinancing and we had to involve a bonding attorney.  Vote taken on motion, Davidson, Kray, Gifford, Colgan, Leonard, Burger ayes, Kramer no.  Motion passed.

Bob Galiher asked how useable the work platform is and why are we saving. Davidson indicated the work platform was paid for with FEMA funds and we are not sure what FEMA will do with the platform so we have to keep it. 

Doc Hess said he is puzzled by why we did the dam repair in 2 phases and now it seems we are in a bad position because one phase is almost finished and we now have to accept what comes in for Phase II. Colgan said the project was split in 2 because of permitting reasons and delays. 

Galiher asked if we rejected the bids and the new bids come back higher, can we go back to these rejected bids.  Leonard advised no.

Larry Aschbrenner asked if the tree removal included root removal and Colgan advised yes.

Motion to adjourn by Burger, second by Kramer.  All ayes, motion passed. Meeting adjourned at 7:34 pm.

Minutes for Trustee Special Meeting – October 16, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, October 16, 2014 – 1:30 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 1:31 PM at the Heritage Bank Conference Room.  He conveyed the meeting to Kramer as he was not present in the room.

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

Trustees absent: Davidson

Visitors: Larry Peter, Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ben Pasker, Chip Hughes, Don Dede, Brian Monk, Dave Larson, Alan Shaffer, Steve Nol, Brian Jacob, Diane Bauers, Steve Cehl, John Hess, Larry Aschbrenner, Chris Stender, Ben Kindred, Abe Uccelto, Tracy Fippinger

Agenda was reviewed by Kramer and motion to approve the agenda by Kray, Leonard second.  All ayes, motion passed.

Kramer opened bids for Phase II construction

Cramer and Associates from Grinnell, IA – $8,264,753.00

Lunda Construction from Little Chute, WI – $9,082,299.55

Peterson Contractors from Reinbeck, IA – $10,998,608.28

Leonard made motion to allow Stanley Consultants to review all bids and make a final recommendation to the Board on October 23, 2014 at the 6:30 pm meeting, Kramer second.  Burger asked if this was enough time for Stanley Consultants to do their review and Colgan said he had confirmed that with them.  All ayes, motion passed.

Colgan explained Change Order #8 from Lunda Construction which relates to the operator bridge.  It was determined there was not enough good concrete to save.   Several options were considered but this option was considered the safest and most cost effective.  The change order proposes a new galvanized steel bridge and will be across all 3 gate openings.  Motion to approve change order by Burger, Kramer second. Gifford asked what alternatives were looked at and Colgan advised that if they removed the concrete it may not be safe.  In addition once the concrete is removed it may be so bad, we would have to replace it anyway.  Colgan indicated that the proposed galvanized steel is approximately $90,000 cheaper than replacing the bridge with concrete.  This work replaces other work that would need to be done so there is some savings from the $139,800 request.  Vote taken on motion, all ayes, motion passed.

Kray made motion to change the regular scheduled October meeting to October 23rd, Leonard second.  No discussion, motion passed, all ayes.

Public comments – a representative from Cramer Construction asked if the alternate bids had been read.  There was an option to propose a figure for an earlier construction end date.  All 3 bidders gave a ‘no bid’ to this option.

Ben Pasker asked if there was structural value in the change order. Colgan advised yes as this bridge will be the access for equipment and gate hoists.

Motion to adjourn by Kray, Leonard second, all ayes, motion passed.  Meeting adjourned at 1:45 pm.

Minutes for Trustee Regular Session – September 18, 2014

he Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, September 18, 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 6:31 PM at the Heritage Bank Conference Room.

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

Trustees absent:

Visitors: Larry Peter, Eve Peter, Pat Dede, Don Dede, Jean Vance, JoAnn Motter, Dorothy Thomas, Shirley Christensen, Ed Schmidt, Jim Locke, Lou Christiansen, Sue Christiansen, Barb DeKlotz, Ken DeKlotz, Marcheta Cooey Lux, Bob Klima

Agenda reviewed by Leonard and requested to add consideration of the DNR reimbursement letter after the financial reports and move the election of officers to after the Lunda Construction change orders to enable Gifford to participate as he will be 15 minutes late. Motion to approve Leonard’s requested changes to the agenda by Davidson, Burger second.  All ayes, motion passed

Kray requested approval of minutes for 8/21/14 and 9/4/14.  Motion by Burger to approve, Davidson second.  All ayes, motion passed.

Kramer reviewed the claims for September.  Requests for payment from the General Fund are Alliant Energy – $18.16; ICAP (annual premium for blanket insurance) – $4,262.46; Kramer Lawn Care – $300.00; L&L Consulting – $2,000.00; Simmons Perrine Moyer Bergman – $100.00. Kramer advised we have one payment for the Dam/Spillway Fund which is Lunda Construction for $190,075.07.  Burger made motion to approve payments of both funds, Kray second.  All ayes, motion passed.

Kramer reviewed Financial report for month ending August 31, 2014.  The General Fund began with a balance of $115,203.21 and after revenues and expenses, ended with a balance of $133,333.09.  The Debt Service Fund began with a balance of $23,109.78 and after revenues  ended with a balance of $82,324.54.  The Dam/Spillway fund started with a balance of $4,972,739.99 and after revenues and expenses, ended with a balance of $4,633,876.25.   Kramer also presented reports maintained by the County.  Motion to file all financial reports by Burger, Davidson second.  All ayes, motion passed.

Leonard read the letter to the DNR requesting reimbursement for the Lunda Construction billing and asked for approval to forward.  Davidson made the motion, Burger second, all ayes, motion passed.

Committee updates.  Lake bed cleanup – Jim Locke gave update and advised Chris Stender, Todd Gifford, Brian Hughes and himself had a committee meeting and Gifford has taken the lead position on this committee. Gifford did traverse the river a couple weeks ago and mapped the areas.  The 4 then went out to the river bed and looked at the crucial areas that need immediate attention.  Stender has volunteered his machine and they are checking for other volunteers.  The biggest area of concern is upriver from Jim Locke where the willow trees are thick, big and  tall.  Burger asked if road associations will be contacted for assistance and for volunteer work and Locke indicated yes. 

Gifford joined at 6:53 pm.

Dredge Committee – Leonard said Colgan, Gifford and himself will wait to meet until the Supplemental Agreement with Stanley on the borings is done.

Dam Construction – Colgan indicated everything seems to be going well. We have gone out for bids on Phase II and had the contractors meeting on Monday.  Phase II is more standard work and there is a bigger variety of people who can do this type of work but the coffer dam is the most critical piece.  Phase II bids are due October 2nd.   Lunda Construction should be able to pass water on December 1st..

Water Quality – Kray advised a request for a meeting was sent and we plan to discuss the future of water quality and what it means to Lake Delhi.  In addition she advised she received a draft letter from the DNR and County Sanitation as to next steps in the septic system survey.  There will be more information to follow.

Funding/finance – Leonard indicated a group of individuals were hosting an event at Lamont Davidson’s home and that the Governor would be in attendance on September 26th. Burger advised he met with the Delhi City Council and discussed the readjustments by the bank for the LDRA loan.  The City Council vote was unanimous to allow the changes.  Burger also advised the bank has agreed to allow us to make a principal payment on the loan earlier in order for us to take advantage of the lower rate sooner.  He suggests looking at it in October as he says that is usually when a dip takes place in the rate.

Leonard reviewed the Rocky Nook septic and water system implementation. There has been a delay because of interpretation of 2 different Iowa codes about distance between a well and a septic system.  This issue has now been resolved and implementation should start very soon. Colgan and Leonard have agreed that Colgan will act as Project Manager of this installation going forward. 

Change Order #5 from Lunda Construction was discussed.  This handles some irregular bed rock and the cost is $4,026.83.  Motion to approve by Burger, Kray second.  All ayes, motion passed. 

Change order #6 from Lunda Construction was introduced by Leonard.  This change order covers additional drilling and adding an additive to the grout in anchor #8.  The cost of this change order is $4,730.17. Motion by Davidson to approve, Burger second, all ayes, motion passed.

Election of officers was introduced.  Burger made motion to re-elect the slate of officers as they are today (President – Leonard; Vice President – Burger; Clerk – Kray; Treasurer – Kramer)  Colgan second, all ayes, motion passed. 

Kramer introduced the 2 documents for the agreement between the Maquoketa Valley School District and the Lake Delhi Trustees.  Initially a 28E agreement was used, however Hatala (our attorney) prefers a lease agreement.  Kramer indicated Doug Tuetken, the school district Superintendent has agreed to use a lease agreement if that is what we prefer.  Leonard made motion to agree to use lease agreement between the District and the Maquoketa Valley School District, Burger second. Kramer advised the School Board will approve in October.   All ayes, motion passed.

Colgan introduced Stanley Engineering Supplemental Agreement #24 and advised it provides surveying and boring so we understand where and how much we can dredge.  As part of our permit from the Army Corp of Engineers, we have an agreement that we will stay at least one foot above the old lake bottom.  We need to understand what the measurements for allowable dredging are within the lake bottom before we start a dredging plan.  The amount of the Supplemental Agreement is a not to exceed amount of $8,650.  Motion by Davidson to approve agreement, second by Burger.  All ayes, motion passed.

Colgan explained the change in contract document with Groth Services who we contracted with to implement the Rocky Nook Association water and septic system upgrade.  Groth was supposed to start September 8th but the issue regarding the Iowa code and the spacing between wells and septic systems delayed them by 2 weeks.  The change order will allow a longer completion date but we need to discuss what the dates should now be.  Leonard made motion to approve a contract change order that enables a December 1, 2014 completion date for an extension of 30 days.  Burger second the motion for discussion purposes.  Colgan would like to make a proposal of 2/3 completion by November 1 and final completion as soon as possible but complete by May 1, 2015.  This work does not impact the dam or spillway construction.  In our contract with the Rocky Nook Association it indicates hookups to the new systems have to be done 30 days after completion of the work and that would not be possible with a December 1, 2014 date.  Davidson said Colgan’s proposal makes sense because we boxed ourselves in with the dates on the original bid request and he feels we need to give this contractor flexibility.  Burger asked if the Rocky Nook Association knows of the change and Colgan said Burrington Group communicates with the Rocky Nook contacts.  There was additional discussion about giving Groth more time to complete two thirds of the work.  Leonard will revise motion to allow Groth Services to have work 2/3 done by November 30, 2014 and the remainder to be completed no later than May 1, 2015 and requests the Rocky Nook Association sign off on the change as well, Burger second.  All ayes, motion passed.

Public comment – Bob Klima asked about dredging and can property owners do it themselves.  Leonard said some road associations are discussing dredging in the dry in their area but the first step is to do the core drillings.  Kray cautioned residents to not dig more than one foot above the old lake bed as that is our agreement with the Corp of Engineers.  Locke asked when would the mapping be completed and Colgan said should know in about 30 days.

Jean Vance asked when pledges are due to the Community Fund and Kramer advised letters are going out tomorrow. 

Don Dede asked how many change orders have been under $5000 or less? Colgan said the money amounts on the change orders reflect good management.  Leonard wanted all to know that change order #2 was approved for approximately $6,000 and the actual amount was around $3,700.  Colgan also indicated that change orders have eliminated larger charges so these changes have been used to help save money on the overall project.

Motion to adjourn by Burger, Davidson second.  All ayes.  Meeting adjourned at 7:57 pm.

Minutes for Trustee Regular Meeting – August 21, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, August 21, 2014 – 7:00 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 7:12 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent: 

Visitors: Larry Peter, Eve Peter, Chris Stender, Sue Christiansen, Lou Christiansen, John Carbaugh,  Dave Larson, Barb DeKlotz, Ken DeKlotz, Ed Schmidt, Jim Locke, Bob Galiher, Lola Galiher,  Dan Stabell, Larry Aschbrenner 

Agenda was reviewed by Leonard.  Motion by Kramer to approve agenda plus an item  for consideration of requesting reimbursement of an invoice for DNR approval, Burger second, all ayes, motion passed.

Leonard introduced Cyndi DeMoss who is our volunteer for recording secretary.

Kray requested approval of 7/17/14, 7/24/14 and 8/1/14 minutes.  Motion by Burger to approve Gifford second, all ayes, motion passed. 

Kramer reviewed the claims for August.  The requests for payment from the General Fund are Alliant Engergy – $14.39; Delaware County Auditor’s office – $74.00; Delaware County Treasurer’s office – $4,698.00; Kramer Lawn Care – $300.00; L&L Consulting – $2,000.00; Simmons Perrine Moyer Bergman – $80.00.  Burger indicated that we will still have to pay taxes for one more year because legislative bill that states our tax exempt status wasn’t in place
until July 2014.  Kramer details claims for the Dam/Spillway fund which are Burrington Group – $1,902.50; Lunda Construction – $344,937.55; Simmons Perrine Moyer Bergman – $272.75.   Burger made motion to approve all payments in both funds and keep Lobbyist billing at $2000/mo, Davidson second.  Leonard presented a 6 month billing statement from the Lobbyists because there was discussion about not making their billing monthly.  Kray indicated the agreement at the meeting Burger, Colgan and herself had with Lobbyists the previous week was that the billing would remain the same until after the Trustee goal setting session.  Davidson asked if this was the final billing for Burrington Group and Kramer said she believes this is it.  There is a question as to whether Burrington Group will work through construction phase.  All ayes to approve payments, motion passed. 

Leonard indicated that now that the Lunda payment had been approved for payment, the board could now request the DNR for payment for the $344,937.55.  Leonard read the letter for the DNR.  Motion to approve Leonard signing the letter for reimbursement from the DNR by Burger, Davidson second.  All ayes, motion passed.

Kramer gave review of the Financial report for month ending July 31, 2014. The General Fund began with a balance of $117,361.91 and after revenues and expenses, ended with a balance of $115,203.21.  The Debt Service Fund began with a balance of $21,505.98 and after revenues ended with a balance of $23,109.78.  The Dam/Spillway fund started with a balance of $4,710,809.20 and after revenues and expenses, ended with a balance of $4,9772,739.99.   Kramer also presented reports maintained by the County.  Motion to file all financial reports by Burger, Gifford second.  All ayes, motion passed.

Kray advised the Finance Committee had approved funds for the purchase of a PC for the District and made a motion to purchase a PC for the District, Burger second.  Giffords said the real key is for storage and retention of our data and documents and believes we should use more current technology to accomplish that and not on a PC.  There was discussion regarding how to accomplish this.  Gifford advised he has 2 spare computers at his business and will donate one.  Kray changed motion to accept Giffords offer of a donated PC for District use and to begin utilization and purchase storage for district documents, Burger second.  Colgan believes we should discuss more details in policy session.  The motion passed with all ayes.

Change order #4 for Lunda was introduced by Leonard.  This change order was for modification of existing gates for a subcontractor of Lunda Construction and has already been approved by 3 Board members. Leonard asking for formal approval from the full board.  Motion by Colgan to approve, Kramer second, all ayes, motion passed.

Burger presented a new schedule for the LDRA bond payment.  Leonard made motion to recommend to the LDRA to review the options and suggest moving forward with the 7 year rate adjustment and the District to file the appropriate documentation for our records, Gifford second.  Leonard reminded the board that the Debt is not the legal responsibility of the District but of the LDRA and that the District cannot encumber future funds for such an obligation. The District will have the responsibility to review any potential payments for this each and every fiscal year.  Burger explained how changes in the economy could affect the rate as the adjustment will not occur until a principle payment is made and the principal payment is scheduled currently for June 2015.  Kray asked if the $20,000 principal payment could be made sooner to lock in the rate and Burger advised he would ask the question of the bank. Burger also noted that Speer Financial is not being paid for this transaction – this is volunteer work he is doing on our behalf.  The city of Delhi does have to have another public hearing for this debt and it will be held September 13, 2014.  All ayes, motion passed.

Kramer explained the 28E agreement between the District and the Maquoketa Valley Schoold District for use of the building across the street.   The School District is requesting a yearly donation of $250/$300. Kramer checked and our liability insurance rates would not be affected for the additional coverage.  Kramer made a motion to enter into a 28E agreement for use of the Maquoketa Valley administration building, Kray second.  Burger said the document needs to detail our District title and the School District should name us as additionally insured on their policy.  Leonard summarized that we won’t be able to use this conference room going forward and our choices for meetings rooms are either the dam building or the admin building across the street.  The administration building provides easier access, especially in the winter and the School District will be providing heating and cooling, etc.  Burger suggested we should do 30 minutes of attorney time to review the document.  Kramer also advised that she had the wall looked at to see if we could expand the main room and it is a load bearing wall so couldn’t take it out.  Kramer changed motion to enter into the 28E agreement with the Maquoketa Valley Schoold District with the change to our board’s formal name, add liability insurance  to both parties and ask for attorney review of the document, Kray second.  All ayes, motion passed.

Committee updates

Finance – nothing additional

Dam Construction – Colgan said the biggest question for him is when do we go out for bids on Phase II.  Three tasks need to be done by Lunda Construction before we go out to bid.  One – all of the inspection, demolition and refurbishing of the concrete of the existing powerhouse to the flood line needs to be completed; two – the required rock anchors need to be completed; three – rebuild the piers for the new gates.  All of those tasks are being worked and Lunda is being very thorough.  Colgan believes we will go out for bids for Phase II about Labor Day and work will start around Nov. 1, and Lunda should be able to pass water through the powerhouse by December 1, 2014.  Gifford asked what changed from our 7/24/2014 meeting when the board approved the bids to go out.  Colgan indicated Stanley Engineering still had to finalize a report with their recommendation raegarding the overlay concrete work.  Colgan said there is a recommendation to not do an overlay but to patch where necessary.  Lunda Construction did loose 3 weeks because of the heavy rain event and would not agree to a December 1 date without the required Stanley report. 

Legislative – The Lobbyists sent their monthly update report to all Trustees. Leonard said individuals will be organizing efforts for key legislators but it will not be considered offical action by the board. 

Property Management – Burrington Group and Leonard have been working with the leadership team at the Rocky Nook and they have received the approved design of the water mains and where they are to be placed.  There is not an exact start date yet but will be coming now that this item is detailed.  Some property owners on the upside of the dam are planning to construct sea walls and have asked to utilize the boat ramp there. Leonard has handled each request and asked them to be careful with our adjoining properties.

There being no public comment, Davidson made motion to adjourn, Burger second.  All ayes, motion passed and meeting adjourned at 8:16 pm.

Minutes for Trustee Special Meeting – August 1, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Friday, August 1, 2014– 3:00 pm.

Heritage Bank Conference Room

Delhi, IA

A special meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 3:15pm at the Heritage Bank Conference Room.

Trustees present: Burger, Colgan, Davidson, Gifford, Leonard, Kramer  

Trustees absent:  Kray

Visitors: Lou & Sue Christensen, Ken & Barbara DeKlotz, Greg Colgan, Chloe Colgan, Ed Schmidt, Pat & Don Dede, Jason Wenger, Larry & Kathy Aschbrenner, Sara Millhouse, Lola Galiher

The agenda was presented by President Leonard.  Burger made motion to approve agenda, Davidson second.  Motion carried.

Leonard welcomed Pat Colgan as a newly elected Trustee and expressed his gratitude to Bruce Schneider, who decided not to run for re-election, for his years of service as a member of the Trustee board.

The first item on the agenda was election of officers.  Leonard asked for a motion to discuss the process of the election of officers.  Burger made a motion that we continue with the current officers for the next 60 days so that we can hold some work sessions with goal settings and then hold a permanent election after that.  Davidson seconded the motion.  A lengthy discussion was held which included how elections have been held in the past and how committees have been set, the vagueness of what is spelled out in Chapter 357E of the Iowa Code, which defines our recreational water quality district, and how we want to proceed going forward in working as a board.  After more discussion, Gifford recommended amending the motion to set the re-election of officers by October 1st, Burger seconded the motion.  Motion carried.

The next agenda item was to consider and approve change order #3 from Lunda Construction in the amount of $2,338.50.  The work is required due to the advantage of using the two tubes to dewater the upstream side of the project for both Phase 1 and Phase 2 work. This may help Phase 2 bids to be significantly less due to a potentially smaller main channel cofferdam required of the Phase 2 contractor. Colgan and Stanley Engineering recommended this change order and three of the trustees signed off on it earlier this week per the resolution we approved previously giving the Board the ability to do so.  Leonard asked for a motion to officially approve change order #3.  Davidson made the motion to approve, Burger second.  Motion carried.

Jason Wenger from The Burrington Group, Inc., provided the board with a summary of the bids for the Rock Nook Association Water Treatment solution.  The board received one bid from Groth Services in the amount of $242,431.05.  Wenger said the board could either accept the bid as received or reject and ask to have the project rebid.  He indicated that there were four other bidders who declined to bid at the last minute because of the November timeline.  Gifford indicated his disappointment in having only one bid.  Following discussion, a motion was made by Colgan, second by Burger to accept the bid from Groth Services.  Burger, Colgan, Leonard and Kramer voted yes. Davidson and Gifford voted no.  Motion carried.

Leonard opened the meeting up for public comment.  There being none, Burger made the motion to adjourn, second by Davidson.  Motion carried.

A work session followed immediately after the special meeting.  Two items were scheduled for discussion.

The first item was discussion of funding for various lake activities. Gifford asked for this item to be put on the agenda.  He spoke of conversations he’s had with various people regarding whether or not the District should invest in lobbyists or not.  He commented that one of the key things lobbyists can do for the District is help gain funding from various state and federal agencies.  Gifford said he thought there was a varying opinion among the Trustees as to whether we should pursue funding and that was why he asked for some discussion. 

Burger expressed his concern about funding sources and if there would be matching funds associated with different grants and, if so, how much would the District have to come up with and where would those monies come from.  He would like more information on the matching amounts and would like to have more discussion at our future work sessions.

Colgan expressed his support to keep the lobbyists until at least next summer and likened them to be somewhat of an “insurance policy” during the reconstruction period.  He also said he needs more information regarding the funding sources and the matching fund but at this point he feels it’s prudent to continue working with our lobbyists. 

Leonard commented that the District has needs and is always going to have needs even after the dam is built.  He feels the District has lots of goals with limited funding ability.  He feels we need to find a balance.  He also mentioned his concern that dredging is becoming an increasing frequent need and the District is going to have to have a plan for this and will need to be prepared.

Gifford felt this discussion was helpful.  Leonard asked that next step be to define what our projects are and assign project managers.   Lola Galiher reminded the Trustees that quite awhile back there were sign-up sheets for various projects and wondered if those lists still existed.  Leonard responded that the District still had those volunteer sign-up sheets and will use them moving forward.

Leonard reminded the group that when the three-member board went to a seven-member board we were in an emergency situation.  Colgan said he did not want to disparage what the past board has done and said it was incredible, when the dam went out, how things were very chaotic but then how so many things got organized and so much was accomplished.  He then said now is a good time to look forward and decide how we want to operate moving forward.  He asked Gifford and Colgan discuss their thoughts.  Colgan again said he thinks we need a work session and need to be pro-active as a board and his hope is that we can work together as a unified board to get our goals accomplished.  Gifford asked if we wanted to have these discussions at our next work session and Colgan said yes.  Leonard ask if, at this meeting, Colgan and Gifford could talk about what their ideas are so that we could set a date for another work session and have an objective for that meeting of what we need to accomplish.  Colgan said he wanted it understood that he is more about what we need to do versus how it gets done.  Gifford said how he is seeing this, from a chart standpoint, is that we need to determine our value / goals and beneath that we need to determine the necessary projects and beneath that we need to choose our project manager/s and team members.  He also asked if this was going to be done at a future meeting.  Colgan thought we should have a meeting in the next several weeks. Burger said he feels we need to identify and then prioritize our projects by money and by year.  There will be things we can’t do right now. There are things we don’t have funding for.  Some projects may be conditional based on funding.

Leonard said he envisioned a work session that could last anywhere from 3-4 hours.  Colgan expressed an interest in having the work session away from our current meeting place to allow the board members to more freely express themselves.  Gifford agreed that a change of venue is a good idea and that we could facilitate our own meeting and sees this as an annual process.

Leonard asked for dates that might work and the general consensus was to hold it on the date of our next regular meeting, which is Thursday, August 21st earlier in the day at a location to be determined.

Barb DeKlotz raised the question of why we need the lobbyists when we have people on the lake who are able to write grants.  Leonard explained that the lobbyists won’t write the grants but they will take a well-written grant and turn it into a great application and have higher probability of success.

Larry Aschbrenner asked if the board as the board reviews project objectives would they be asking for thoughts from folks on the lake. Leonard said as we define the high level projects we will need ideas and help from the community.  Gifford thought a survey might be a great way to ask for information.   Several thoughts were shared on how and when we send out a survey.  The general consensus was that we need to get the survey out fairly quickly before our September 21 meeting.  Gifford suggested that rather than present specifics issues on the survey for feedback from residents, the Board ask for general input.  As an example, “What to do think are the biggest issues facing Lake Delhi and tag them as urgent, not urgent, etc.”  It was generally agreed that the survey ask this question first and after tallying the information another survey could be sent out asking for volunteers who have expertise in the project areas to step forward.

Burger made a motion to adjourn from the work session at 5:45 p.m., Gifford seconded.  Motion carried.

Minutes for Trustee Special Meeting – July 24, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, July 24, 2014 – 4:00 p.m.

Delaware County Courthouse Conference Room

Manchester, 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 4:02 PM at the Delaware County Courthouse Conference Room.

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

Trustees absent:  Schneider

Visitors: Pat Dede, Larry Peter, Eve Peter, Sue Christiansen, Lou Christiansen, Barb DeKlotz, Ken DeKlotz, Pat Colgan, Jason Wenger, Carol Stachura, Gordon Henderson, Pat Henderson, Corey Groth, Roger Groth, Larry Aschbrenner, Sara Millhouse (Dyersville Commercial)

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

Leonard opened the only bid for the Rocky Nook Water Treatment System from Groth Services in Manchester, IA.  The bid amount total was $242,404.05.  Motion by Kray to table decision on bid until presentation by Burrington Group on August 1, 2014 at 3PM, Kramer second.  All ayes, motion passed.

Colgan advised the Construction Committee met with Bill Holman this week. The Trustees saw the bid package when we sent the final permit application as final drawings were included in that request.  Colgan wanted to make sure Lunda Construction was substantially on schedule on Phase I before we sent bids out for Phase II.  While Lunda Construction may have had some delays due to weather, they are now back on track.   Colgan recommends setting up the dates to go out to bid today as the bids will be ready Monday or Tuesday.  Sluice gates are handling water flow now.  Leonard made motion to authorize Pat Colgan and Kray to make final decision on dates for bids with an estimate of 7/29/14 for release and a return date of 8/27/14 for return and approve Phase II bid package, Davidson second.  Colgan would like to award the bid by Labor Day.  Leonard modified his motion to include a public hearing on the return date, Davidson second.  Davidson said this is another exciting milestone for Lake Delhi.  Individual roll call requested, all ayes, motion passed.

Leonard introduced the document titled 4th Agreement Regarding Payment Delays for the dredge debt.  Burger advised we will have to meet with the bank prior to the new extension of 10/1/14 runs out.  We have signed a similar document 3 times in the past, it just gives us more time to negotiate a new payment schedule.  Motion by Burger to approve signing of the form, Kramer second.  Leonard said Lori Dolan has agreed to meet within the next week to discuss payments.  Individual roll call requested, all ayes, motion passed. 

Public comment – Ken DeKlotz asked what are we doing in Rocky Nook. Leonard advised when we purchased property in that area, we affected their septic system and the replacement of their septic system was part of our agreement with the Rocky Nook Association.

Barb DeKlotz asked what the lobbyists are doing for us.  Leonard said there has been discussion in previous meetings and it will be on the agenda next Friday and will have a lot more dialogue.

Motion to adjourn by Kramer, Davidson second.  All ayes, motion passed, meeting adjourned at 4:25pm.

Minutes for Trustee Regular Meeting – June 19, 2014

The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, June 19, 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 6:38 PM at the Heritage Bank Conference Room.

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

Trustees absent:  n/a

Visitors: Ed Schmidt, Don Dede, Pat Dede, Larry Peter, Ken Kray, Sue Christiansen, Lou Christiansen, Barb DeKlotz, Ken DeKlotz, Dave Larson, Bob Galiher, Lola Galiher, Chip Hughes, Jim Locke, Jason Wenger, Carla Becker, Pat Colgan, Chloe Colgan, Dan Staebell, Clark Gochenour, Nancy Gochenour, Dan Zumbach  

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

Kray requested approval of 5/21/14 and 6/5/14 minutes.  Motion by Davidson to approve, Gifford second, all ayes, motion passed.

Kramer detailed billings for the General Fund.  Alliant Energy – $43.11; Kramer Lawn Care – $300.00; L&L Consulting – $2000; Simmons Perrine Moyer Bergman – $520.05.  Billings for the Bond Fund are Lunda Construction – $82,210.93; Burrington Group – $4,208.01; Simmons Perrine Moyer Bergman – $641.25; Delaware County Abstract – $955.00; Delaware County Transfer (demolition of Peck Property) – $6,399.40.  Kray made motion to pay billings for the General and Bond funds, Kramer second, all ayes, motion passed.

Kramer gave review of the Financial report for month ending May 31, 2014. The General Fund began with a balance of $155,193.51 and after revenues and expenses, ended with a balance of $116,862.73.  The Debt Service Fund began with a balance of $355,013.70 and after revenues and expenses ended with a balance of $13,360.28.  The Dam/Spillway fund started with a balance of $5,244,522.43 and after revenues and expenses, ended with a balance of $4,972,661.09.  Kramer also introduced reports provided by Delaware County Auditor’s office to assist us in understanding the flow of funds from our multiple sources of monies.   Motion to file financial reports by Schneider, second by Gifford, all ayes, motion passed.

Kramer discussed the submission of $531,600.70 in expenses for Phase II construction to Delaware County.  According to the agreement we are allowed a 50% reimbursement.  In addition,the terms and conditions of our  agreement with the County allows for a one time opportunity to request funds for expenses already paid on Phase II (spillway) within 45 days of permit receipt.  Carla Becker indicated the County Supervisors have amended their budget to allow for this request. These expenses have already been paid for by the bond fund but have not been reimbursed from the State.  Motion to approve request of $531,600.70 to be submitted to the Delaware County Supervisors for Phase II work by Schneider, Gifford second.  All ayes, motion passed.

Leonard explained that originally we appealed our property tax billing as we believed we were tax exempt.   Since then, legislation was passed to confirm the District was tax exempt.  This resolution indicates that we are dismissing our appeal as the legal cost to continue the appeal would be more than the tax bill itself.  Motion to approve resolution 6.19.14a by Davidson, Schneider second.  Individual roll call requested, all ayes, motion passed.

Kramer advised Superintendent Tuetken approached her regarding the possibility of the District using the old Maquoketa Valley Administrative Building across the street as a permanent site for the District.   Kramer indicated each Trustee should view the office before a decision is made and look at the pros and cons of this site compared to the office building down by the dam.  This item will be discussed again at the next regular meeting. 

Burger made motion to modify Resolution 5.21.14 passed last month by the District Trustees.  The original resolution indicated the method for emergency change orders, however, there was a reference to approval by email that needed to be removed. Motion was seconded by Gifford to approve Resolution 6.19.14b, individual roll call requested, all ayes, motion passed.

Jason Wenger reviewed updated specs for the Rocky Nook Waste Water Treatment bid. The changes requested by the Board now reflect a purely performance based specification that gives quantity of flow that the new system must adhere to.   The bid also indicates that at a minimum of 14 days before the final submission date the contractors must submit their proposed design so the county can give conditional approval.  Three days before the final submission date, an addendum will be written to indicate which systems have been approved.  Kramer made motion to approve the new bid specs with a bid opening date of July 24th at 4pm at the Delaware County Courthouse and an award date of August 1 at 3pm, Schneider second.  All ayes, motion passed.

Leonard explained the need for the Storage Water Permit.  Since our dam is a rebuild, it was originally thought we did not need to request this permit.  After investigation by the DNR, it was found that a storage permit was never signed when the dam was first constructed so the DNR is asking us to request this permit at this time.  It is simply administrative and has a $75 fee.  Motion to approve $75 fee and to allow the President to sign the permit request by Davidson, Gifford second, all ayes, motion passed.

Bob Galiher gave presentation regarding the Water Quality team.  He read their mission statement and gave the history of the team.  The team originally started as their own entity and has always been staffed by volunteers.   Galiher says there are 3 concerns:  this is a hypertrophic lake which means more nutrients come in than needed; sedimentation; and bacterial and chemical pollution.   The team has also participated in meetings with the NRCS on watershed projects. Traditionally the Water Quality Team has granted $50 for septic pump outs and $500 for shoreline improvements and their expenses have been between $3500 to $4000/year.  Their revenues were provided via grants and by payments from the LDRA which ranged from $2000 to $3500/year. The Water Quality Team’s current balance is $3268 but there are 3 approved shoreline projects that have not yet been paid as they are not completed.  The members of the Water Quality Team recently met and agreed they would like the District Board to consider acting as the leadership arm of the team and the funding source.  The team feels the work done is far too important and strongly feels it should continue.   Gifford said that approximately 10 people took the IoWater training last summer.  Lola Galiher advised that there will be training needed to continue the bacterial tests as Lou Christiansen is the only trained member of the team in this category. The current members will be there to assist but just can’t physically get to some of the locations to test.   Gifford indicated that the current team holds a huge amount of knowledge and gives us a good template to start from.  All agreed that water quality is necessary as we move forward and that the District will hold a work session to determine next steps and how to move forward.  Leonard thanked the Water Quality Team for all they have done and thanked Bob for his presentation. 

The continuation of the Lobbyist contract was on the agenda and Burger moved to table it until next month, Gifford second.  All ayes, motion passed.

Leonard recognized Dan Zumbach, our Iowa Senator that was in the audience. Senator Zumbach indicated the Lake Delhi project has been successful because of all of us.  The District asked for state help but only after we helped ourselves and taxed ourselves. Senator Zumbach advocated for us and received a 49-0 vote in the Senate for our funding.  We are grateful to Senator Zumbach and Representative Hein for all they have accomplished for us.  Leonard then asked the Senator his thoughts on the lobbyists assistance going forward.  The Senator indicated that there is an election this fall and elections have consequences.  He indicated he is not sure how much longer their services should be needed but we should consider their retention until the water is back and all the bills are paid. 

Kramer introduced the new job description for the Recording secretary position that was agreed upon by the Finance Committee last Saturday. Kray read the job description.  Davidson said the duties can be defined once the party is in place.  Motion  to move forward with new job description and to follow process recommended by the Finance Committee which is first to request a volunteer from the Board, then a volunteer from the Lake Delhi community and if we don’t receive a volunteer, to allow the hiring of a contract employee by Kramer, second by Kray.    All ayes, motion passed.

Committee updates

Finance – Davidson wants to make sure we purchase a computer so all records aren’t on personal

computers. We will discuss this in our next work session as to what our needs are.

Dam Construction/Timeline – Colgan indicated we have had 6 weeks of work on phase I and that community members could go to lakedelhi.org for updates and construction photos.  Phase I is about the concrete structure and improving the powerhouse to more modern codes.  The concrete slabs under the old spillway is being inspected.   The sluice gates used to divert water in 1928 were thought to be full of concrete.  However today the contractor was able to shine a high intensity light through the tubes and confirm that they are not full of concrete and we should be able to use them but that will be confirmed in the next few weeks.  Colgan said before we go out to bid for Phase II, 4 items need to be confirmed: 1- the sluice gates are ok; 2- the spillway floor is acceptable; 3 – the cutting of the piers to allow for new gates go as planned; 4 – the grouting of the powerhouse needs to progress satisfactorily.  Lunda should be able to pass water in October so the District will most likely go out for bid on Phase II in mid July. 

Colgan also wanted to reiterate that people must stay out of the construction zone on the north side of the dam.  No trespassing signs will now be displayed.  He also wanted to make sure that we all understand that even though Lunda Construction is from Wisconsin, the majority of the workers are from Iowa and the supplies are being purchased in Iowa.

State/County Legislature –  Leonard went to last County Supervisor meeting and gave an update of the progress.  Becker said the Supervisors believe we have a true partnership and we all look forward to the completion of the Turtle Creek project and the dam rebuild.  Becker also reminded all of the upcoming election on July 22nd and reminded us that her office will be open for voting on July 12th. Kray said she would be sending an email blast this weekend reminding the community of the election and pertinent dates.

Property Mgt – Kramer advised the old Peck property was deconstructed.

Public comment – Nancy Gochenour asked why the District is working with septic systems at Rocky Nook property and Leonard advised as part of the agreement for the land needed there, the Rocky Nook Association requested assistance with their water treatment system.

Dave Larson asked how long to get Turtle Creek done.  Leonard indicated should be 2-3 months.  Becker indicated the goal is to not impede our progress. 

Clark Gochenour asked if the water quality will be better with new dam. Colgan said channel is cleaned out but we will still have sediment accumulation. 

Bob Galiher reminded all that our lake is a public body of water that people like to visit to boat and fish.  The rebuild is not only for ourselves but for others who love Lake Delhi as well.

Larry Aschenbrenner said the DNR letter indicated that if there was any development below the dam in the future, it could change the status of our dam.  Colgan said this is typical language in every dam permit and it is highly unlikely that a permit would be granted to build in a flood plain.   

Chip Hughes asked what is the projected date for completion.  Colgan said it is based on weather but a cautious estimate is July 4, 2014.

Jim Locke said the LDRA has $22,000 for the rebuild effort.  He will work with Kramer to determine how that money can be used.

Bob Galiher said people are putting in big sea walls and putting rip rap out in front of them so waves are broken up.  He feels the District should put a recommendation in our newsletter that the rip rap is needed to preserve the walls.  Gifford said the DNR has documentation that explains it and he will add it in the next Voice.

Motion to adjourn by Davidson, Schneider second.  All ayes, motion passed. Meeting adjourned at 8:48 pm. 

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.

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.