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.

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