Minutes for Trustee Special Meeting – August 28, 2013

 The Combined Lake Delhi Recreational Facility and Water Quality District

Board of Trustees Meeting

Thursday, August 28, 2013 – 6:00 p.m.

Maquoketa Valley School Auditorium

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 6:02 PM at the Maquoketa Valley Middle School Conference Room.

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

Trustees absent:  Burger

Visitors:  Sign in sheet provided

 

Agenda reviewed by Leonard.  Leonard asked the board that when a motion is made to approve the agenda he would like item 3 and 4 to be reversed and to allow public comment during #3 regarding the disengagement of FEMA.  Schneider made motion to approve agenda as Leonard requested, Davidson second.   All ayes, motion passed.

 

Leonard advised Burger was here but received emergency phone call as his mother is ill.

 

Leonard introduced FEMA team which consists of himself, Gary Grant, Larry Murphy, Pat Colgan, Dave Fry, Bob Hatala, Bill Holman, Bruce Schneider, Todd Gifford, and previously Laurie Kramer.  He gave thanks to all of them for all of their hard work.

 

The FEMA committee had a presentation that was then covered.  Leonard gave review of events that got us to where we are today with FEMA status and assistance.  Colgan then gave information regarding FEMA being the lead agency once they became involved.  He gave what the steps will be moving forward with FEMA which would include public hearings, environmental assessment which could take 1-2 years and then an environmental impact study which could be 3-5 years.  Gifford then covered the financial impacts to delaying rebuild.  He also explained costs could be higher with FEMA involvement and we wouldn’t know if or how much money would be offered by FEMA until the environmental assessment (explained by Colgan) is complete.

 

Colgan then explained if we disengage from FEMA, the Army Corps of Engineers would become the lead federal agency again and could then issue our federal permit.  Colgan believes we could go out for bids this fall and begin work on the powerhouse before the end of the year.  That would then allow us to begin work on the spillway in the spring of 2014.

 

Dave Fry spoke then regarding the 2008 monitoring report from FEMA and that we will need to continue that work to resolve those issues.

 

Leonard advised the public that he had discussions with the County Supervisors.  They wanted to share that they feel we should move forward and shouldn’t wait.  They also expressed they have been working with FEMA on some property demolitions and have been waiting 2 years for the funds and have now been told they won’t be reimbursed and have to appeal that decision.  They have confirmed their full support.

 

Gary Grant then advised he and Larry Murphy have spent quite a bit of time discussing the last conversation with FEMA with people in Des Moines and Washington, DC.  He indicated that the Governor, Senator Grassley, Representative Braley, our local state representative Lee Hein and our state senator Dan Zumbach, the majority leaders  were disappointed that we couldn’t reach an agreement with FEMA but not disappointed with us.  They all understand the decision we need to make as a community.  The involvement of all our political leaders has been astounding.    They are delighted that some progress will now be made.

 

Leonard then read the letter that will be sent to FEMA on Thursday if the board approves the action.    After reading, Leonard opened it up to Public Comment.

 

Rick Reysack was first to speak and gave comment at how river is about family.  He spoke with his family and they decided to do without Christmas if we have to go forward without FEMA money.  He donated a check this evening.

 

Dave Kretz asked if the letter will impact the LDRA debt.  There was a clarification and that he was asking about the 2008 issues with FEMA.  Dave Fry advised that what we do with FEMA on the 2010 event should not impact the 2008 issues with FEMA.

 

Bob Galiher asked if we still have a chance for the monies from 2008.  He also stated he was concerned that if still looking for 2008 help should we disengage from 2010.  Leonard advised we are not asking to get rid of our eligible status, we are just asking to disengage from our application for the 2010 event.  Gary Grant said the team spent quite a bit of time drafting the letter and making sure we were comfortable with the tone of the letter.  It was written and reworked but it was important to describe why this action took place to not only FEMA but a wider audience who will read the letter.

Donna Kunde who is the Board of Director of the Maquoketa Valley School Board spoke and advised we still have the support of the school system and it has not changed.  The lake coming back will benefit us all when they are able to reduce the levy to each property owner.

 

Ed Schmidt said pretty much in favor but asked if down the road something happens will FEMA be an issue an not willing to help.  Colgan said  all we are doing is withdrawing the application requesting assistance for the 2010 work.  He does not believe it will affect anything because we are being professional in our requests.

 

Doc Hess said he believes we should get on with bringing the water back.

 

Doug Herman works for the city of Monticello and worked with FEMA for quite some time.  They have encountered issues with reimbursement and understand our position and believes the right answer is to disengage from FEMA.  He also said that project costs will go up based on rules and regulations that FEMA has.

Jim Stepanek asked if by submitting the letter will they allow us to disengage.  Leonard said the question is what will FEMA do but the way the letter is written is that we are taking our application off the table.  Leonard said they have talked with Corp and they are ready to move forward with the federal permit.  Grant said FEMA can’t force you to apply for assistance.  FEMA cannot stop the taxing district from taking these steps.

 

Chris Stender said we elected these people to make these decisions and that he hopes we make the decision he wants us to which is to move forward.

 

No further public comment.  Leonard asked the board to accept the letter and Schneider made the motion and Davidson second.  Kray said the most important words she heard was ‘control our own destiny’.  She reflected back to the purchase of the dam and the when we needed to raise money and advised she would vote for disengaging from FEMA.  Individual roll call requested, all ayes, motion passed.  An electronic vote was taken after the meeting and Burger voted in favor of forwarding the letter to FEMA.

 

Colgan explained the drawings from Stanley Engineering for Phase I and Phase II.  It includes the operating model, the emergency action plan, etc.  Holman from Stanley and Colgan have reviewed them.  Kramer made motion to initiate process to forward drawings for permitting application to the DNR, Schneider second.  All ayes, motion passed.

 

Motion by Kray to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes fo restoring the lake and dam, second by Schneider.  Individual roll call requested, all ayes, motion passed.

 

Motion to adjourn by Schneider, second by Kramer.  All ayes, motion passed.

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