The Combined Lake Delhi Recreational Facility and Water Quality District
Board of Trustees Meeting
Sunday, March 3, 2013 – 2:00 p.m.
Maquoketa Valley Middle School Conference Room
The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 2:02 PM at Maquoketa Valley Middle School Conference Room.
Trustees present: Leonard, Kramer, Peter, Davidson, Burger, Schneider by phone and Kray via Skype
Visitors: Eve Peter, Don & Pat Dede, Chip Hughes, Shirley Christensen, Dorothy Thomas, David Vorwald, Larry Aschbrenner, Bob Klima
Agenda reviewed by Leonard. Motion made to approve agenda by Davidson, second by Kramer, all ayes, motion passed.
A letter written by the Delaware County Engineer to Senator Matt McCoy was introduced by Leonard. As a review, the Legistlative team met with County Supervisors, County personnel and the DNR to create a revision to the District’s first adopted public access plan. It was an opportunity for the District to work with the County in this project and this letter is a request for funding which would come from the state Rebuild Iowa Infrastructure Fund (RIIF) monies. The County has to get something prepared as the request needs to be to Senator McCoy no later than Tuesday, March 5th. This letter will go before the County Supervisors in their regular board meeting on Monday, March 4, 2013. In the work session with the County Supervisors on Thursday the issue was addressed that the transfer of the Turtle Creek property was very important to them to facilitate the public access plan. The resolution in front of all the District Trustees is in support of the county and the transfer of said property.
Kramer made motion to accept Resolution 3.3.13 regarding public access and funding for Delaware County, Schneider second. Davidson voiced his concern that the resolution has restrictions on Delaware County and he is not sure he is in favor of language that puts conditions the County. Davidson indicated that he had a conversation with Supervisor Helmrichs and she said if we couldn’t get an agreement on the public access that she would be willing to draft a letter saying the County would give us back the land. Davidson requested the clause about adequate funding according to the district be removed from the resolution. Peter indicated he agrees with Davidson. Burger asked if a timeframe could be added because if the project is not completed in 3-4 years it probably won’t happen. Leonard indicated that the worksession agreement with the county supervisors last week that it was the first time in a public setting that he heard that the Supervisors would be willing to give the property back if the public access plan is not completed. And that this statement came from only only Supervisor. The intention of this resolution is to assure the Supervisors that the land will come over and that it is just good stewardship to get a document between the two parties to transfer the land.
Kray indicated both sides of the argument were warranted – to transfer the property to the Supervisors but also to have some type of agreeement between us and the supervisors when we transfer the land since the District is ultimately responsible for the public access plan back to the Legislature. She indicated that she spoke with Hatala and he said just a simple letter from the Supervisors indicating they would give the land back if the public access plan was not completed was not binding when you transfer property so she believes we need something in writing. She proposed new language that Hatala had given her. The language to replace the last whereas clause would read “WHEREAS, the District intends to transfer its right, title and interest in the “Turtle Creek” property in Delaware County, Iowa, for the purpose of providing public access if adequate funding as set forth in the attached request is available and the County and the District have an approved plan for the development and use of the “Turtle Creek” area. The to be resolved language should read “BE IT FURTHER RESOLVED that the District intends to transfer “Turtle Creek” to Delaware County, Iowa, if adequate funding as set forth in the attached request is available, and the County and the District have an approved plan for the development and use of the “Turtle Creek” area. Before any transfer is made, the terms will be reduced to writing and approved by the County and the District.
Burger asked if the money the County is requesting from the State doesn’t come through is this a dead issue or would we still attempt to work with the county to jointly come up with funding? Leonard indicated the monies needed to repair the dam have increased so he didn’t believe the District would have a large amount of additional funds to utilize for a large public access plan such as is now proposed – that it would have to be smaller that what is on the table now. Peter said he thought public access was an expectation from the Legislature from us and why would we take it out. Peter wants to see the details of the new increased monies needed for the dam repair. Leonard said he requested the details from Holman and would share with the Trustees when he receives it.
Kray said to Burger’s point she believed that without the state requested funds, the public access plan would look significantly different than what is currently proposed. Burger said who approves the public access plan should also be part of the document between the County and the District. Davidson said the Supervisors indicated money is tight in Delaware County and he is adamant that we work with the county as partners.
Burger proposed to take out “adequate funding language” in the Whereas and Be it resolved language and Kray indicated that would be fine. Burger made a motion to amend the original resolution as stated and proposed the new language in the final Whereas clause as “WHEREAS, the District intends to transfer its right, title and interest in the “Turtle Creek” property in Delaware County, Iowa, for the purpose of providing public access and the County and the District have an approved public access plan for the development and use of the “Turtle Creek” area. And to also change the language in the To Be Resolved clause as “BE IT FURTHER RESOLVED that the District intends to transfer “Turtle Creek” to Delaware County, Iowa, and the County and the District have an approved public access plan for the development and use of the “Turtle Creek” area. Before any transfer is made, the terms will be reduced to writing and approved by the County and the District. Peter second Burger’s motion. Individual roll call was requested, Burger – yes, Peter – yes, Davidson – yes, Kray – yes, Kramer – yes, Schneider – no and Leonard yes, motion passed.
Burger then made motion to approve Resolution 3.3.13 as amended, Davidson second. Individual roll call requested, Burger – yes, Peter – yes, Davidson – yes, Kray – yes, Kramer – yes, Schneider – no and Leonard – yes. Motion passed.
Burger made motion to adjourn, Peter second, motion passed. Meeting adjourned at 3:11 pm.