Winterset Municipal Utilities Board of Trustees

Government Body: Winterset Municipal Utilities Date of Meeting: June 19th, 2023 Time of Meeting: 8:30 A.M. Place of Meeting: Electric Generation Plant, 321 N. 1st St. PUBLIC NOTICE IS HEREBY GIVEN the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: AGENDA: 1. Call to order, roll call 2. Approval of agenda 3. Minutes of meetings 4. General Manager Report 5. Tom Leners, MCDG 6. Watershed discussion – Tim Palmer 7. Approval of contract with Tim Palmer, watershed project 8. Approve pay estimate #1, Huff Well LLC 9. Approve Resolution # 6192023, Casper lease termination 10. Wage discussion and approval of Resolution #6192023A 11. Water Superintendent Report 12. Electric Superintendent Report 13. Claims Added items for discussion… The Board of Trustees of the Winterset Municipal Utilities, Winterset, Iowa, met on June 19th, 2023, in accordance with the above Notice & Call of Public Meeting. Chairman Frost called the meeting to order with the following members of the Board in attendance. PRESENT: Gary Emmert, Steve Montross, Wendy Frost ABSENT: None Others in attendance, Mike Ham, Utility Water Superintendent, Jay Gibson, Utility Asst Electric Superintendent, Tom Leners. Chairman Frost asked for approval of the agenda. Trustee Emmert moved to approve the agenda as set forth in the Notice and Call. Seconded by Trustee Montross. On a voice vote the motion carried. Chairman Frost stated the minutes from the May 15th, 2023, meeting had been provided to the Board. Trustee Montross moved to approve the minutes. Seconded by Trustee Emmert. On a voice vote the motion carried. Mr. Benshoof was asked to give his report to the Board. Mr. Benshoof reported that he has continued to work with the City Attorney to finalize the revised Casper lease termination contract. Mr. Benshoof stated that the 2022 audit has been completed and is waiting for the final report. Chairman Frost asked Mr. Leners to give his report on the MCDG. Mr. Leners reported on his monthly activities and discussed possible development opportunities with the Board. Chairman Frost asked for a report on the watershed. Mr. Benshoof stated that Tim Palmer would like to take over the duties of Watershed Coordinator. After discussion, Trustee Montross moved to approve Tim Palmer as Watershed Coordinator. Seconded by Trustee Emmert. On a voice vote the motion carried.  Chairman Frost asked Mr. Benshoof to address the next agenda item, Huff Well pay request #1. Mr. Benshoof stated that he had received a pay request from Huff Well for the amount of $34,300 for the first phase of the industrial line underground project. Trustee Emmert moved to approve the payment of $34,300 to Huff Well LLC. The motion was seconded by Trustee Montross. On a voice vote the motion carried. Mr. Benshoof was asked to address the next agenda item, approve Resolution #6192023, Casper lease termination. Mr. Benshoof stated that he had been working with the City Attorney to reach an agreement with the Casper family to finalize the revised lease termination agreement. After discussion, Trustee Emmert moved to approve the Casper lease termination agreement. Trustee Montross seconded the motion. On a voice vote the motion carried. AYES: Emmert, Montross, Frost NAYS: None Whereupon, the Chairman declared the resolution duly adopted, as hereinafter set out. RESOLUTION 6192023 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT TERMINATION WHEREAS, on June 28, 2013, the Board of Trustees of the Waterworks and Electric Light and Power Plant of the City of Winterset, lowa, d/b/a/ Winterset Municipal Utilities (hereinafter "WMU") executed a Lease Agreement with ]ohn E. Casper, and his spouse, and Robert M. Casper, and his spouse, (hereinafter "Caspers") to lease 71.672 acres of real estate for purposes of constructing and operating a storage basis on the property for the storage of water, waste, silt, rock and other debris dredged from the floor of Cedar Lake. WHEREAS, WMU has completed the Cedar Lake dredging operations. WHEREAS WMU desires to terminate the Lease Agreement entered into with Caspers. WHEREAS, General Manager Steven Benshoof has negotiated terms and provisions for the termination of the Lease Agreement with Caspers, which terms and provisions are set forth on Exhibit " A" attached hereto. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Trustees of the Waterworks and Electric Light and Power Plant of the City of Winterset, Iowa, d/b/ Winterset Municipal Utilities that the Lease Agreement entered into with John E Casper, and his spouse, and Robert M. Casper, and his spouse, should be terminated according to the terms and provisions of the Lease Termination Agreement attached hereto as Exhibit " A". Accordingly, the Chairperson shall be and hereby is authorized and directed to execute such Lease Termination Agreement. Passed and approved this 19th day of June 2023. Wendy Frost, Chairman ATTEST: Steve Benshoof, General Manager  LEASE AGREEMENT TERMINATION WHEREAS, John E. Casper, and his spouse, and Robert M. Casper, and his spouse, (hereinafter the "Grantors") and the Board of Trustees of the Waterworks and Electric Light and Power Plant of the City of Winterset, Iowa, d/b/a Winterset Municipal Utilities ("WMU") (hereinafter the "Grantee") entered into a Lease Agreement on June 28, 2013 regarding the real estate described in Exhibit "A" attached hereto and by this reference incorporated herein. WHEREAS, the Grantee has completed the dredging operations for which the property was leased; WHEREAS, the conditions set forth in the “Property Drainage" paragraph of the Lease Agreement have been addressed to the satisfaction of the Grantor; WHEREAS, the conditions set forth in the "Fencing" paragraph of the Lease Agreement have been addressed to the satisfaction of the Grantor; WHEREAS, the Grantee has agreed to hire Dave Pettit and pay all expenses related to reshaping the north-south waterway located within the leased property to the satisfaction of the Grantor; WHEREAS, the Grantee has removed temporary structures and materials from the leased property to the satisfaction of the Grantor; WHEREAS, the parties agree that there are no "lost acres" for which Grantee owes compensation to Grantor; WHEREAS, the parties agree that Grantee shall compensate Grantor the total sum of $40,000 for loss in production value; WHEREAS, the parties desire that the Land Production provisions of the Lease Agreement be terminated effective upon execution of this Termination agreement; WHEREAS, the parties agree that Grantee has paid all rent that is due and owing pursuant to the Lease Agreement; and, Grantor shall not owe or pay Grantee any rent for the 2023 year; and, WHEREAS, the parties agree that Grantee shall hold harmless and indemnify Grantor for any claim for damages made by Zuendel investments, Inc. related to Grantee's dredging activities on the leased premises. IT IS THEREFORE AGREED AS FOLLOWS: 1 . The Lease Agreement executed by the parties on June 28, 2013, shall be and hereby is terminated. 2. As soon as is practicable, Grantee shall arrange for Dave Pettit to reshape the north-south waterway to the satisfaction and approval of Grantor and shall pay all expense related thereto. 3. On or about January 2,2024, but not before January 1,2024, Grantee shall pay Grantor the total sum of $40,000.00 for loss in production value. 4. Grantee shall hold harmless and indemnify Grantor for any claims made by Zuendel Investments, Inc. related to Grantee's dredging activities. 5. Other than as set forth herein, neither party shall have any further obligation to the other in any way related to the Lease Agreement executed June 28, 2013. Passed and approved this 19th day of June 2023. GRANTORS: John E. Casper Lynne D Casper, Spouse of John E. Casper Robert M. Casper Peggy Casper, Spouse of Robert M. Casper GRANTEE: Board of Trustees of the Waterworks and Electric Light & Power Plant of the City of Winterset By: Wendy Frost, Chairperson STATE OF IOWA : : ss COUNTY OF : Subscribed and sworn to before me by said John E. Casper on this day of , 2023 Notary Public in the State of STATE OF IOWA : : ss COUNTY OF : Subscribed and sworn to before me by said Lynee D. Casper on this day of , 2023 Notary Public in the State of STATE OF IOWA : : ss COUNTY OF : Subscribed and sworn to before me by said Robert M. Casper on this day of , 2023 Notary Public in the State of STATE OF IOWA : : ss COUNTY OF : Subscribed and sworn to before me by said Peggy Casper on this day of , 2023 Notary Public in the State of STATE OF IOWA : : ss COUNTY OF :  Subscribed and sworn to before me by Wendy Forst as Chairperson of the Board of Trustees of the Waterworks and Electric Light & Power Plant of the City of Winterset on this 19th day of June 2023 Chairman Frost asked Mr. Benshoof to address the next agenda item, wage discussion and approval of Resolution #6192023A. Mr. Benshoof stated that he provided the Board with the wage worksheet. The Board discussed the information provided and expressed that Mr. Benshoof, the Electric Superintendent and the assistants will receive 3%. The Water Superintendent will receive 5%. Trustee Emmert introduced the following resolution and moved its adoption, seconded by Board Member Montross. The Chairman put the question upon the adoption of said resolution, and the roll being called, the following Board Members voted: Ayes: Emmert, Frost & Montross Nays: None Whereupon, the Chairman declared the resolution duly adopted, as hereinafter set out. RESOLUTION NO. 6192023A RESOLUTION SETTING SALARY RATES FOR SUPERVISORS BE IT RESOLVED by the Board of Trustees of the Winterset Municipal Utilities that salary rates are hereby established for the following listed Supervisors, effective July 1, 2023. NAME BI-WEEKLY SALARY Mike Ham, Water Supt. $3,730.85 bi-weekly (5.0%) Chuck Johnson, Electric Supt. $4,026.94 bi-weekly (3.0%) Steve Benshoof, General Manager $4,120.00 bi-weekly (3.0%) Evan Kuhns, Asst. Water Supt. $3,169.23 bi-weekly (3.0%) Jay Gibson, Asst. Electric Supt. $3,659.79 bi-weekly (3.0%) Passed and approved this 19th day of June 2023. Wendy Frost, Chairman ATTEST: Steve Benshoof, General Manager Mr. Ham was asked to give his report on the Water Department. Mr. Ham stated they had performed maintenance at the Water Plant. Mr. Ham reported that they had treated the lake for algae control. Mr. Ham stated that they have been working with contractors in town on various projects. Mr. Ham reported that he has contacted our engineer about installing a water main under Hwy 92 and 8th Ave. Mr. Ham stated that Jason Scoles has passed his Grade IV treatment test, Evan Kuhns has passed his Grade III treatment test and Logan Allen has passed his Grade II treatment test. Mr. Gibson was asked to give his report on the Electric Department. Mr. Gibson reported that they had repaired an outage on June 9th on the south feeder. Mr. Gibson stated that they have been working in the alley behind the Drift and are about half done. Mr. Gibson reported that they are continuing to work on the North St project. Mr. Gibson stated that they are going to start looking at the next uptown project.  Trustee Montross stated that he had reviewed the claims. Trustee Montross moved to approve the following list of claims. Seconded by Trustee Emmert. On a voice vote the motion carried. AYES: Emmert, Montross, Frost NAYS: None UTILITIES ELECTRIC PLANT: CenturyLink, phone service 222.04 CINTAS First Aid & Safety, first aid supplies 56.81 City of Winterset, salaries 1,917.09 City of Winterset, salaries 1,954.83 City of Winterset, salaries 8,550.86 Granite Telecommunications, phone service 73.20 MidAmerican Energy, gas service 299.08 MidAmerican Energy, gas service 329.08 Normandy Machine Co Inc., generator maint 19,357.00 Norsolv Systems Environmental, machine service 212.88 SIMECA, purchase power 237,108.47 Wiegert Disposal, garbage service 36.75 DISTRIBUTION: Bomgaars, hdw supplies/safety supplies 316.12 Breedings Hardware, hdw supplies 447.94 Capital Sign Co LLC, sign 439.60 Card Services, camera monitoring 59.90 CCP Industries Inc., safety supplies 132.41 CenturyLink, phone service 66.49 CINTAS First Aid & Safety, safety supplies 84.03 City of Winterset, salaries 17,696.27 City of Winterset, salaries 18,069.14 City of Winterset, salaries 7,051.51 ECHO Group Inc., line supplies 396.67 Granite Telecommunications, phone service 32.49 Huff Well LLC, boring 34,300.00 Iowa One Call, locates 30.60 MidAmerican Energy, gas service 33.80 MidAmerican Energy, gas service 6.19 R & B Tire & Auto Inc., truck repairs 192.00 Van Wert Co, line supplies 1,882.38 Vermeer Sales & Services, filters/equip repairs 1,028.04 Wiegert Disposal garbage service 30.00 Winterset Oil Co, gasoline 953.07 ACCOUNTING/COLLECTION: City of Winterset, reimb internal 1,222.01 City of Winterset, reimb sewer/reimb garbage 18,859.19 City of Winterset, salaries 1,570.57 City of Winterset, salaries 2,352.97 Clearent LLC, CR/DB fees 2,636.70 Clearent LLC, CR/DB fees 2,927.62 Postmaster, postage 712.30 Storey Kenworthy/Matt Parrott, envelopes 350.29 ADMINISTRATION: City of Winterset, benefits 11,379.57 City of Winterset, benefits 4,011.97 City of Winterset, reimb HRA expenses 2,745.72 City of Winterset, reimb internal 1,222.01 City of Winterset, salaries 2,183.80 City of Winterset, salaries 2,221.30 City of Winterset, transfer 16,810.00 IA Municipalities Workers Comp, work comp premium 3,560.25 Integrity Financial Group, liability insurance 58,393.20 Madison CO Chamber of Commerce, EVP contribution 468.75 National Pen Co LLC, pens 411.32 Office of Auditor of State, audit fee/2019 212.50 Office of Auditor of State, audit fee/2021 212.50 Office of Auditor of State, audit fee/FY21 100.00 Water Fund, reimb utilities 4,794.40 Winterset Madisonian, pub 70.95 SALES: Emily Clare Adams, refund 112.00 TRANSFERS: Electric Revenue Bond Sinking Fund, transfer 27,281.67 Electric System Improvement, transfer 5,500.00 ELECTRIC SYSTEM IMPROVEMENT FUND PLANT: Breedings Hardware, cutover supplies 182.33 Martin Marietta Aggregates, rock 741.65 DISTRIBUTION: ECHO Group Inc., line supplies 676.37 WESCO, line supplies 482.46 ELECTRIC BOND SINKING FUND DEBT SERVICE: UMB Bank NA, reg fee 250.00 WATER PLANT: Agriland FS Inc., gasoline 404.44 American Water Works Assn, membership dues 418.00 Bomgaars, tools 29.99 Breedings Hardware, safety supplies 80.96 Calgon Carbon Corp, chemicals 2,094.29 Card Services, cert/study materials/camera monitoring/software 913.39 Chem-Sult Inc., chemicals 17,966.86 CINTAS First Aid & Safety, first aid supplies 229.71 City of Winterset, salaries 8,324.74 Country Cycle Inc., battery 89.99 DPC Industries Inc., chemicals 1,672.22 ECHO Group Inc., line supplies 351.61 Electrical Engineering & Equipment, valve rebuild kit 920.92 Grainte Telecommunications, phone service 206.15 Hach Co, service contract 3,129.14 Hughes Network Systems LLC, internet service 250.92 Mellen & Assoc Inc., actuator repairs 896.94 Powernet, long distance 60.93 State Hygienic Laboratory, lag testing 223.00 USA BlueBook testing supplies 2,352.77 Verizon, data service 80.16 Village Bootery, safety boots/Allen 167.96 Wiegert Disposal, garbage service 60.00 Winterset Municipal Utilities, utilities 3,372.20 Winterset Oil Co, gasoline 151.22 DISTRIBUTION: Agriland FS Inc., gasoline 404.44 Breedings Hardware, hdw supplies 25.98 Capital Sign Co LLC, sign 392.50 Carquest of Winterset, equip maint 24.87 CCP Industries Inc., safety supplies 265.43 CenturyLink, phone service 66.48 CINTAS First Aid & Safety, first aid supplies 84.04 City of Winterset, salaries 5,467.27 Core & Main LP, curb valve 300.00 Grainte Telecommunications, phone service 32.48 Iowa One Call, locates 30.60 Lincoln Concrete & Structures, street patch 4,300.00 MidAmerican Energy, gas service 33.80 MidAmerican Energy, gas service 6.20 Wiegert Disposal, garbage service 30.00 Winterset Municipal Utilities, utilities 1,422.20 Winterset Oil Co, gasoline 151.23 ACCOUNTING/COLLECTION: City of Winterset, reimb internal 1,222.01 City of Winterset, salaries 1,570.57 City of Winterset, salaries 2,352.98 Clearent LLC, CR/DB fees 2,636.70 Clearent LLC, CR/DB fees 2,927.62 Postmaster, postage 712.30 Storey Kenworthy/Matt Parrott, envelopes 350.29 ADMINISTRATION: City of Winterset, benefits 3,223.67 City of Winterset, benefits 8,564.64 City of Winterset, reimb HRA expenses 2,974.53 City of Winterset, reimb internal 1,222.02 City of Winterset, salaries 2,183.80 City of Winterset, salaries 2,221.30 City of Winterset, transfers 1,190.00 IA Municipalities Workers Comp, work comp premium 4,220.25 Integrity Financial Group, liability insurance 68,496.20 Madison CO Chamber of Commerce, EVP contribution 156.25 Office of Auditor of State, audit fee/2019 212.50 Office of Auditor of State, audit fee/2021 212.50 Office of Auditor of State, audit fee/FY21 100.00 Winterset Madisonian, pub 130.80 TRANSFERS: Water Revenue Bond Sinking Fund, transfer 54,932.50 Water System Improvement Fund, transfer 5,000.00 TOTAL REVENUE ELECTRIC: $419,310.87 WATER: $219,289.49 The date of the next regular meeting was set for 8:30 AM, Monday July 17th, 2023, at Light Plant. Being no further business, the Chairman declared the meeting was now adjourned. Wendy Frost, Chairman Attest: ____________________________________ Steve Benshoof, General Manager