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MINUTES OF THE KANKAKEE RIVER BASIN AND YELLOW RIVER BASIN DEVELOPMENT COMMISSION HELD THURSDAY, NOVEMBER 21, 2019 9:30 AM CST/10:30 AM EST Marshall County Building, Meeting Room 203 112 West Jefferson Street Plymouth, IN 46563 John McNamara, Chair, called the meeting to order at 10:30 a.m. EST, and the Pledge of Allegiance was recited. Mike Novotney, Secretary, called the roll. Members Present Bill Crase Craig Cultice John McNamara Mike Novotney James Walstra John Shure (IL) Andrew Wheeler (IL) Approved Proxies Present Tom Larson for Bill Emerson Guests Present Jim Carter Kathe Brunnick Cotton Ekhoff Joe Skelton Ben Eaton Jim Sweeney Bob Barr Siavash Beik Stephen Heim Clyde Avery Mark Kingma Debbie Palmer Kim Peterson Julie Morris Dan Gumz Ross St. Clair Christine Keil Tony Hendricks Steven Bohan Karen Horn Julie Fox Judy Stone Gus Ellicott Sarah Haefner State Rep. Pat Boy Staff Present Scott Pelath 1 Adoption of October 24 Meeting Minutes Mr. Cultice moved for the adoption of the minutes. Mr. Walstra seconded the motion. MOTION ADOPTED BY VOICE VOTE. Finance Report Mr. Pelath gave a financial report, which reflected the written report contained within his Executive Director’s Report [ATTACHMENTS 1 AND 2]. Mr. Pelath noted that the State Budget Agency has started releasing the Commission’s administrative appropriations, although the agency now does so quarterly instead of annually. He also reported that NIPSCO intends to reimburse the Commission for the Kouts and Dunn’s Bridge gages through 2022. The Commission had not yet received its $2.3 million appropriation, but funds would be expected for deposit soon. James Walstra requested that the Commission reimburse Jasper County $8,700 for the cost of a hydrology report pertaining to its FEMA project [ATTACHMENT 3]. Mr. Crase moved that the Commission pay Jasper County for the hydrology report from Jasper County’s remaining 2018 funds. Mr. Cultice seconded the motion. MOTION APPROVED BY VOICE VOTE. Mr. Novotney moved that the Commission accept the Finance Report. The chair heard a second. MOTION ADOPTED BY VOICE VOTE. The chair expressed his appreciation for Mr. Pelath’s work. Executive Director’s Report Mr. Pelath presented his Executive Director’s Report, which was distributed to members prior to the meeting [ATTACHMENT 1]. OLD BUSINESS Consideration of county problem tree and debris removal plans Mr. Pelath referred the Commission to problem tree and debris removal plans and costs submitted by various counties [ATTACHMENT 4]. 2 Mr. Pelath noted that in addition to the attached submissions, the Commission specifically committed at its previous meeting to funding a problem tree removal pilot project under the leadership of Porter County. Mr. Pelath recommended that the Commission approve at least some funding for the submissions. Given that there would be no December meeting, he suggested that counties could initiate and have a chance to complete some work before seasonal regulatory considerations take effect. The chair recognized Tony Hendricks to present LaPorte and Starke Counties’ submission. Mr. Hendricks said that they solicited bids for six sections on the Kankakee River, and three sections on the Yellow River. Mr. Hendricks turned the bids received for the work on those sections over to the Commission. The chair asked why the prices on the Yellow River were substantially higher. Mr. Hendricks answered that access is a greater challenge along the Yellow River. Mr. Crase asked that Section C of the Yellow River be placed on hold. He reported that he and Craig Cultice were developing a separate plan for that section. Mr. Crase advocated that at least some money be allocated to begin work without additional delays. Mr. Pelath asked Mr. Hendricks which sections would provide the most value for the price. Mr. Hendricks suggested that 10-Mile Road would be a first priority if DNR does not intend to allocate its own funds to problem tree mitigation. There was no confirmation of whether the Department would do so. Mr. Novotney asked whether the work can be completed for the bid amount. The chair stated that the low bidder on all sections, Allsop Excavating, is experienced in work on the river. James Walstra asked about the availability to either Silver Jacket or federal dollars. The chair emphasized the need to begin delivering results with newly available funds and complete work that was never before possible. Andrew Wheeler stated that he believed that there may be federal funding opportunities in the future. Mr. Pelath expressed his recommendation that the Commission authorize some funds for LaPorte and Starke Counties so they can initiate work. The Commission discussed figures of $350,000 and $500,000. Based on an engineer’s estimate of probable construction cost, Mr. Novotney also suggested a figure of $125,000 for the problem tree removal pilot project in Porter County. Mr. Pelath emphasize an expectation from the public and lawmakers of purposeful movement forward. 3 The chair stated his desire to fund the pilot project at the requested amount, do the entire Kankakee River, and get started on the Yellow River. He also stated that St. Joseph County would take care of its portion with local funds. The chair said the Commission needed to get something done finally. Mr. Crase wanted to ensure that because Allsop was the lowest bidder on all sections, that their bids stand for the remainder of the proposed removal project. Mr. Novotney moved for an allocation of $352,000 for LaPorte and Starke County tree removal with the section priorities left to the counties’ discretion. No second was heard. The chair moved for an allocation of $500,000 for LaPorte and Starke County tree removal with the section priorities left to the counties’ discretion. No second was heard. Mr. Pelath reminded the Commission that $117,000 in state dollars was also earmarked for the Kankakee Fish and Wildlife Area. Mr. Walstra moved for an allocation of $500,000 for LaPorte and Starke County tree removal with the section priorities left to the counties’ discretion. Mr. Crase seconded the motion. Mr. Crase emphasized that price and cost controls are in place for the contractor’s work. MOTION PASSED BY VOICE VOTE. Mr. Novotney moved that $125,000 be allocated to the pilot tree removal project between Porter and Jasper County to be administered by Porter County. Mr. Crase seconded the motion. MOTION PASSED BY VOICE VOTE. Craig Cultice presented plans for problem tree removal in Marshall County, and local drainage board funds are available to begin work on certain regulated sections. He also expressed his intention that Lee Wiltjer was going to demonstrate possible removal techniques. Mr. Crase reported that he and Mr. Cultice would ask to make an additional presentation in January 2020. For those reasons, Mr. Cultice requested no additional funds at this time. Mr. Walstra moved that Marshall County be permitted to move ahead with current plans on the Yellow River. Mr. Crase seconded the motion. MOTION PASSED BY VOICE VOTE. Thayer Farm update Mr. Pelath reported that DNR is close to closing on the adjacent Gus Ellicott property. He also conveyed his wish to have a Technical Advisory Committee meeting at the Thayer Farm in January. 4 Jasper County FEMA project update/hydrological report Mr. Walstra said the project still is waiting on Corps of Engineers approval. Verification of areas subject to assessments beginning in 2021 Mr. Pelath said IDNR is ahead of schedule in certifying the basin boundaries. He believed the work would be done well in advance of March. NEW BUSINESS Approval of RFQ and timeline for first phase of Yellow River design Mr. Pelath presented a draft Request for Qualifications and a timeline for submission of Statements of Qualification and project proposals [ATTACHMENT 5]. Mr. Crase asked about the process for scoring Statements of Qualification. Mr. Pelath answered with his intention that the process be adopted in January. Mr. Pelath asked for permission to issue the RFQ. Mr. Crase moved that the Executive Director issue the RFQ. Mr. Cultice seconded the motion. MOTION ADOPTED BY VOICE VOTE. Maintenance of Yellow River sediment trap at Range Road in Starke County Mr. Crase presented two bids to maintain Sediment Trap #24 at Range Road in Starke County on the Yellow River. He requested five quotes and received two. William Beaver Excavating was the low bid for $38,700. Mr. Crase moved to allocate $38,700 to clean Sediment Trap #24. Tom Larson seconded the motion. MOTION ADOPTED BY VOICE VOTE. Approval of river gage contract Mr. Pelath presented a new three-year agreement with the U.S. Geological Survey to renew the Commission’s current river gages [ATTACHMENT 6]. He asked for approval of the document. The new agreement places all of the gages on the same payment schedule, extends the contract length from two years to three years, and adds bedload sampling capability. 5 Mr. Crase moved that the Commission approve the USGS agreement. Mr. Walstra seconded the motion. MOTION ADOPTED BY VOICE VOTE. OTHER BUSINESS None. PUBLIC COMMENT Kathe Brunnick thanked Mr. Pelath for attending the recent Kankakee County Board meeting. Bob Barr expressed concerns about the effects of removing sediment from Sediment Trap #24. He cited the hydrological dynamics along the Yellow River and its possible implications for the completed pilot project. NEXT MEETING The next meeting was scheduled for January 16, 2020, at 9:30 a.m. CDT/10:30 a.m. EDT at a location to be determined in LaPorte County. ADJOURNMENT The meeting adjourned at 11:59 a.m. EST. 6 ATTACHMENT 1 EXECUTIVE DIRECTOR’S REPORT To: KRB-YRBDC Members From: Scott D. Pelath, Executive Director Date: November 18, 2019 On October 25, the State Budget Committee authorized the release of our $2.3 million state appropriation.

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