Cannon River One Watershed, One Plan “Aligning local water planning on major watershed boundaries with state strategies towards prioritized, targeted and measurable implementation plans”

AGENDA Cannon River One Watershed, One Plan Policy Committee Meeting June 27, 2018 – 9:00 a.m. Rice County Government Center 320 Third Street Northwest Faribault, MN 55021

1. Call to order

2. Approval of agenda

3. Approve minutes of April 4, 2018 meeting

4. Financial summary and invoices for payment

5. Emmons & Olivier Resources, Inc Contract amendment

6. Workplan progress update

A. Implementation plan

B. Next steps

7. Draft Joint Powers Agreement

8. Draft Factsheet and Draft Frequently Asked Questions

9. Plan review timeline

10. Establish next meeting day, time and location

11. Adjourn Cannon River One Watershed, One Plan “Aligning local water planning on major watershed boundaries with state strategies towards prioritized, targeted and measurable implementation plans”

DRAFT Minutes Policy Committee Meeting April 4, 2018 Rice County Government Services Building 320 Third St NW, Faribault, MN 55021

Policy Committee Members: Brad Anderson (Goodhue County), Jayne Hager Dee (Dakota SWCD), Richard Cook (Rice SWCD), Jim Struck (Le Sueur SWCD), Dan Hansen (Steele SWCD), James Hedeen (Belle Creek WD), Peg Varien (North Cannon River WMO), Jeff Beckman (Goodhue SWCD), Galen Malecha (Rice County), Steven Rohlfing (Le Sueur County).

Also in Attendance: Brad Becker (Dakota County staff), Brad Behrens (Rice County staff), Ashley Gallagher (Dakota SWCD staff), Beau Kennedy (Goodhue SWCD staff), Josh Mankowski (Le Sueur County staff), Holly Kalbus (Le Sueur County staff), Jenny Mocol-Johnson (BWSR), Mike Schultz (Le Sueur SWCD staff), Brian Watson (Dakota SWCD staff).

1. Call to Order Chair Rohlfing called the meeting to order at 9:10am.

2. Approval of Agenda Motion by Malecha, second by Anderson to approve the agenda. Motion carried.

3. Approval of Minutes Motion by Hansen, second by Cook to approve the minutes of the January 10, 2018 Policy Committee meeting. Motion carried.

4. Invoices for Payment Financial summary provided in meeting materials. It was noted that summary is easy to follow. Question regarding remaining funds and when will the next 40% be released? Response was that fiscal and admin will work with BWSR for a reconciliation, which involves a review of paperwork, then BWSR will release the next 40%.

5. Workplan Progress Update and Water Conversations review Consultant was unable to attend the meeting but provided a powerpoint presentation for Gallagher to present to the group. Timeline indicates that we are on track to have a Draft Plan this summer, and can anticipate a Final Plan to be available for adoption in January 2019. Definition of a measurable goal was reviewed and the process of taking a concern and writing an

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issue statement which then allows for measurable goals and implementation activities to be developed.

Maps presented for priority areas have been revised from last Policy Committee meeting based upon feedback from the Technical Advisory Group (TAG), Policy Committee members, and stakeholders. There are now two maps, one for surface water and the other for groundwater. The surface water map remains the same as previously presented. The groundwater map was developed based on groundwater sensitivity, DWSMA vulnerability, nitrate results and groundwater dominated lakes.

Additional focused meetings were added to develop more detailed goals. These meetings focused on groundwater, education and outreach, drainage systems, and soil health.

Final series of Water Conversations were held in Northfield and Owatonna. Both were fairly well attended with representation from a variety of stakeholders. Participants self-divided into three focused groups: Resource Concerns, Landscape Alterations and Socioeconomic Concerns. Groups worked through worksheets and provided input. Question as to whether similar comments or themes were heard, and if attendees were curious about funding for implementation. Response was yes.

Next steps are for the TAG and PWG to bring a Draft Plan to the next Policy Committee meeting. Policy Committee is able to initiate the 60-Day Review. During this timeframe the PWG and Policy Committee will host a Public Open House to provide a more informal opportunity for public comment, since the Public Hearing that occurs after the 60-Day Review is quite formal. There is then a time period for responding to comments, edits can be made, and the Plan will come back to the Policy Committee to approve submittal to BWSR for 90-Day Review.

6. Potential operational arrangements Policy Committee currently does not have authority to adopt the final Plan, therefore either a structure would need to be established or the Plan would need to go back to every members individual Board for adoption. It is anticipated that Plan would be ready for adoption in January 2019. This would be good timing for Fiscal Year 2020 Clean Water Funds, which would be available after July 1, 2019. There are other funds that are looking to prioritize dollars in watersheds with completed 1W1P Comprehensive Plans including NRCS and EPA 319 through MPCA.

Watson reviewed the comparison table that was provided in the meeting materials. The four main topics are Administration, Budget and Finance, Risks and Liabilities and Plan Implementation.

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Administration • Comment that even though open meeting law not required in a collaborative, it would be smart to follow in order to maintain transparency. This could be written into the bylaws. • Question regarding who the decision makers would be. This would dependent on how the JPA is written. • It was noted that this table shows the minimum requirements. You could have a collaborative that operates more like an entity.

Budget and Finance • Match funds under a collaborative would have to come from individual member implementing the project. A collaborative cannot generate funds nor can they have a checking account to hold funds. Fiscal Agent would be billing out to other members, match dollars accounted for or transferred. Discussion that this seems messy and makes some lean towards an entity. • Grants an entity could enter into contract with a grant writer, or enter into any contract for services. A collaborative could not, an individual member would have to enter into a contract. • Question as to what the best way to spend dollars across county lines would be. Response that a collaborative essentially keeps dollars in silos where as an entity would be able to spend from one pool.

Risk and Liability • Question as to whether MCIT could provide liability insurance to an entity. Response was unsure, but most likely they could. MCIT provides liability insurance for other entities such as the Drug Task Force or Mill Towns Trail Board. Only 1W1P members that are not members of MCIT are Dakota County and SWCD as well as NCRWMO.

Plan Implementation • Discussion occurred on land use authority. There is the option of aligning ordinances or policies under an entity. This could create consistency within the watershed, but it could also create inconsistencies in counties. Groups such as the Planning Work Group will continue to meet during Plan implementation and can work towards consistency without formally doing so. Question regarding enforcement of ordinances. It would have to be written into the JPA as to whether the entity or county Boards would have enforcement authority. The key is to remember that land use authority for an entity is optional. Decision: The group chooses to focus on new projects and let existing ordinances operate as they are, therefore the group does not want land use authority.

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General Discussion • Next step will be to draft a JPA for either an entity or a collaborative. • Question as to what the downsides of an entity may be. Liability insurance, records keeping, and maybe a little more administration responsibilities. There is also the concern as to what the full Boards would support and some may view an entity as a new layer of government. Response is that there are existing entities that all counties participate in, that are not considered another layer of government. • Question as to whether we are locked into a decision. Response is that no we are not locked in. Easier to move from a collaborative to an entity, but an entity can also be dissolved. • Concern expressed over local match, and that it may be hard for some to generate. Support for structure similar to Vermillion River Watershed JPO was expressed. Response that match does not have to be hard dollars. Policy Committee previously ruled out a Watershed District which would have been the mechanism for establishing an entity with taxing authority. A JPA entity could have membership dues to address match concerns. Further concern expressed that county Boards may use levy dollars for 1W1P but then remove from SWCD budget. • If we want to move the needle on water quality we need to move away from the silos. This means supporting an entity. JPA and bylaws will have to be written well. They can also be tweaked or changed as we work together. Look to existing JPAs as a template. • Staff respect the difficulties the Policy Members may face in gaining support, which is why most felt that a collaborative would work. Some staff felt that an entity would eventually be needed anyways. Entity is more streamlined and clear. Either way, staff will get the work done. • Each individual Policy Member expressed which option they would support. Decision: There was unanimous support for an entity. • Question as to whether SWCD Boards would support an entity. Response was yes they would. • Board will have to establish a vision and strategic plan, so that the mission carries forward even when there is turnover on the Board. • Discussion on what staffs need in order to draft a JPA. o Should the JPA address generating funds? Yes, need to say something. There is support for membership dues since there will be administrative and legal overhead. Staff will propose some options or formulas for determining membership amounts. o All county attorneys will have to review the draft JPA. o Administrative and Fiscal agent will need to be discussed as to whether we would continue as is in a new JPA. Staff will discuss.

Page 4 of 5 • Discussion on what Policy Committee members need to make decisions or talk to their Boards. o A 1-2 page factsheet or Question/Answer document would be helpful.

Motion by Dee, second by Malecha to support a JPA that establishes a Board and direct staff to draft a JPA that reflects this decision. Motion carried.

7. Next meeting The next Policy Committee meeting was scheduled for June 27th, 9:00 am at the same location, Rice County Government Services Building.

8. Adjourn Motion by Anderson, second by Hansen to adjourn the meeting. Meeting adjourned at 10:35 a.m.

Respectfully Submitted,

Galen Malecha, Secretary Cannon River Watershed 1W1P Policy Committee

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Item 4. Financial Summary

Cannon River 1W1P Revenues Mar 10 - August 3- November 9- January 11- April 5- Policy Policy Policy Current ESTIMATED REVENUES1 Budget August 2 November 8 January 10 April 4 June 27 Meeting TBD Meeting TBD Meeting TBD Grant Totals

BWSR Grant - Payment 1 (50%) $117,961.50 $117,962.00 $117,962.00 BWSR Grant - Payment 2 (40%) $94,369.20 $94,369.00 $94,369.00 BWSR Grant - Payment 3 (10%) $23,592.30 $0.00

1 = max. allowed under grant; only actual costs are reimbursed TOTAL $235,923.00 $117,962.00 $0.00 $0.00 $0.00 $94,369.00 $0.00 $0.00 $0.00 $212,331.00

Actual Expenses

ESTIMATED EXPENSES2 Budget

Administration and Grant Reporting Fiscal Coordination $4,125.00 $316.25 $562.75 $879.00 Grant Reporting (eLINK) $3,850.00 $330.00 $220.00 $275.00 $825.00

Committee, PWG and Consultant Coordination Policy Committee, PWG and Stakeholder $22,250.00 $7,617.50 $7,975.00 $3,630.00 $6,077.50 $25,300.00 Consultant Coordination $8,250.00 $1,540.00 $1,457.50 $1,127.50 $1,072.50 $5,197.50 Meeting Exenses (facilties, materials, food) $3,000.00 $641.47 $835.83 $142.32 $22.07 $1,641.69 Publication Expenses (notices, invitations, etc.) $2,000.00 $0.00

Plan Development (Consultant) Task 1: Aggregate Watershed Data $27,502.00 $22,833.10 $2,727.35 $25,560.45 Task 2: PTM Mapping $38,365.00 $4,399.50 $34,053.95 $38,453.45 Task 3: Measurement Goals $25,100.00 $20,563.03 $20,563.03 Task 4: Implementation Plan & Schedule $25,493.00 $3.60 $24,651.34 $24,654.94 Task 5: Draft Management Plan $40,692.00 $905.00 $6,599.75 $5,138.75 $3,140.50 $4,628.24 $20,412.24 Task 6: Final Management Plan $13,727.00 $0.00 Retainage³ -$2,814.13 -$4,338.11 -$513.88 -$2,370.36 -$2,927.95 -$12,964.43

2 = does not include 10% continuancy of $21,448.00 3 = 10% withheld until deliverables are received TOTAL $214,354.00 $35,126.04 $49,957.52 $4,624.87 $27,015.74 $33,798.70 $0.00 $0.00 $0.00 $150,522.87 Balance $82,835.96 $32,878.44 $28,253.57 $1,237.83 $61,808.13 $61,808.13 $61,808.13 $61,808.13 $61,808.13 Item 4. Invoice

Item 4. Invoice Item 4. Invoice

Item 4. Invoice

Item 5.EOR Contract Amendment change order

Project Name | Cannon River 1W1P Date | June 12, 2018 Contract Number | NA Contract Date | May 3, 2017 Additional Work Performed for Tasks Regarding | Change Order # | 1 4B, 5C and 6B Brian Watson and Ashley From / Contact Info | Camilla Correll, EOR To / Contact Info | Gallagher, Dakota SWCD

Purpose: The purpose of this change order is to articulate the additional work performed, as well as the additional work anticipated, to complete the Cannon River 1W1P. The original work plan estimated the total number of meetings needed to develop the Cannon River 1W1P (23 meetings) and assigned these meetings to specific tasks based upon EOR’s plan development experience. When the Public Engagement Plan was developed for the Cannon River 1W1P, the total number of meetings included in the work plan were reassigned to the various tasks in the plan development process. Over the course of developing the Cannon River 1W1P, it was clear that additional meetings were needed to facilitate a transparent and thorough discussion on the implementation activities needed to meet the goals of the Cannon River 1W1P.

This change order identifies additional meetings completed to date (as agreed upon by the Planning Work Group) as well as the anticipated number of meetings needed to complete the plan development process as described under Scope of Services below.

Scope of Services:

Task 4B. Develop Targeted and Measurable Implementation Plan and Schedule – Meeting Facilitation

1. TAG/PWG Meeting on June 20, 2018 - Need for Meeting – Review final draft of the Implementation Plan, review draft sections of the 1W1P and determine internal review process. - Meeting Coordination and Attendance – 16 hours or $2,545 (assumes 2 EOR staff)

2. Policy Committee Meeting on June 27, 2018 - Need for Meeting – Review final draft of Implementation Plan Table and discuss Plan Review Process. - Meeting Coordination and Attendance – 8 hours or $1,400 (assumes 1 EOR staff)

Task 5C. Complete Plan and Submit for Local and Public Review – Meeting Facilitation

3. TAG/PWG Meeting on July 18, 2018 - Need for Meeting – Review final draft of the Cannon River 1W1P. - Meeting Coordination and Attendance – 8 hours or $1,400 (assumes 1 EOR staff)

4. Policy Committee Meeting on September 5, 2018 - Need for Meeting – Review and approve final draft of the Cannon River 1W1P for submittal. - Meeting Coordination and Attendance – 8 hours or $1,400 (assumes 1 EOR staff)

5. TAG/PWG Meeting on November 21, 2018 - Need for Meeting – Review response to comments received during 60-day review. - Meeting Coordination and Attendance – 16 hours or $2,545 (assumes 2 EOR staff)

Task 6B. Complete Final Plan – Meeting Facilitation

EOR is an Equal Opportunity Affirmative Action Employer

Emmons & Olivier Resources, Inc. 7030 6th St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com change order 2 of 2 6. Joint Public Hearing and Policy Committee Meeting on December 5, 2018 - Need for Meeting – Public Hearing on the Cannon River 1W1P, review response to comments and approve final changes to the Plan prior to 90-day submittal. - Meeting Coordination and Attendance – 16 hours or $2,545 (assumes 2 EOR staff)

Previous Agreement Changed Agreement

1) Total cost of services $170,879 Total cost of services $182,714

2) Contract completion date October 2018 Contract completion date March 2019

Scope of services described See scope of services 3) in original contract as described above

Signatures:

Emmons & Olivier Resources, Inc.

Contractor

Signature Signature Greg Graske Name Name Chief Financial Officer Title Title

Emmons & Olivier Resources, Inc. 651 Hale Ave N, Oakdale, MN 55128 p: 651.770.8448 f: 651.770.2552 www.eorinc.com Item 5. Schedule Update

Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic May 17, 2017 (1) May 31, 2017 (2) May 3, 2017(NA) - Review work plan/project - Public Information/ Kick- - Approved contract roles Off Meeting scheduled - County presentations - Identify list of for May 31, 2017 identifying priority documents/models to concerns May 2017 review for 1W1P No meeting scheduled - Stakeholder Engagement Plan - Plan Public Information/Kick-Off

Meeting June 21, 2017 (3) - Review issues/goals identified in previous June 2017 planning document No meeting scheduled No meeting scheduled - Review Zonation and need IDENTIFY CONCERNS for modifications - Plan series of meetings with Advisory Work Group NO MEETING Series of 2 meetings - (4,5) - Review DRAFT list of date(s) TBD priority concerns/issues via - Identify priority July 2017 email No meeting scheduled concerns/issues - Re-take zonation survey - Discuss data gaps and assumptions/proxies to address gaps

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic August 16, 2017 (7) August 2, 2017 (6) - Review priority - Policy Committee to take concerns/issues abbreviated zonation - Discuss terrain analysis for survey the Mississippi River August Watershed – Lake Pepin END TASK 1B No meeting scheduled 2017 Basin - Review work completed for cohesive watershed priority scheme - Plan series of meetings with Advisory Work Group NO MEETING Meeting date TBD (8) Series of 2 meetings - (9, 10) (8.9) - Public Meeting to date(s) TBD

identify priorities and - Review zonation results explore management - Review work completed areas: date TBD for cohesive watershed September TBD priority scheme 2017 - Explore watershed-wide No Meeting and subwatershed specific priorities (logical management IDENTIFY PRIORITIES IDENTIFY areas) Note: Opening the meeting up to the general public

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic October 18, 2017 (11) (10) - Review and accept refined priorities and management October areas/ approach TBD - Plan for series of public No meeting scheduled 2017 No Meeting meetings - Finalize priorities and management areas/ approach November 15, 2017 (13) (12) November 8, 2017 (12) (11) - Review management - Review refined priorities November areas/ approach identified and management areas/ No meeting scheduled 2017 on 10/18 approach - Finalize issues identification process December NO MEETING TBD No meeting scheduled 2017 No Meeting January 17, 2018 (14) TBD (13)

- Review and discuss DRAFT January 10, 2018 goals - Priority watershed January issues and concerns No meeting scheduled 2018 OUTCOMES MEASURABLE MEASURABLE END TASK 2D ESTABLISH GOALS/ GOALS/ ESTABLISH

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic February 21, 2018 (14) (15) Meeting date TBD (16) February 7, 2018 (15) - Review and discuss DRAFT - Public Meeting to discuss - Review and accept goals goals and priorities and February implementation management areas/ No meeting scheduled 2018 activities: date TBD approach No Meeting

March 15, 2018 (17) - Drainage subgroup meeting

March 16, 2018 (19) Series of 2 meetings -

- Soil Health subgroup date(s) TBD (17 16, 18) meeting; held same day March - Review and discuss as water conversations No meeting scheduled 2018 goals

STRATEGIES - Review DRAFT END OF TASK 3B Implementation Plan

March 21, 2018 (19) (20)

DEFINE TARGETED IMPLEMETATION IMPLEMETATION TARGETED DEFINE - Review DRAFT scenarios - Review DRAFT Implementation Plan

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic April 18, 2018 (21) April 4, 2018 (20) (22) - Review DRAFT - Review development of Implementation Plan via measurable goals April 2018 conference call - Review and discuss No meeting scheduled Implementation Plan and implementation framework May 3, May 16, 2018 (23) (NEW MTG) May 2018 No meeting scheduled No meeting scheduled - Review DRAFT Implementation Table June 20, 2018 (24) June 27, 2018 (22) (25) (NEW MTG) - Review Implementation - Finalize Implementation Plan June 2018 Plan - Review Plan Review No meeting scheduled - Review Draft Sections of Process the Plan and determine Internal Review Process END OF TASK 4B July 18, 2018 (26) (NEW MTG)

- Review DRAFT Plan July 2018 - Instructions for 3 week No meeting scheduled No meeting scheduled review period (7/18 – 8/8)

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic

No meeting scheduled August No meeting scheduled No meeting scheduled 2018 Note: Provide DRAFT Plan to Policy Committee 8/15.

PWG may decide to hold a September 5, 2018 (23) (27) meeting after September 5 with those who attended - Review and approve the Water Conversations September DRAFT Plan for submittal and other members of the No meeting scheduled 2018 - Submit for 60-day review public to provide process (9/5 – 11/5) information about Draft - Set date for holding Plan contents. Not public hearing anticipated that EOR would need to attend.

October No meeting scheduled No meeting scheduled 2018

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic

November 21, 2018 (28) (NEW MTG)

- Review response to comments November Note: November 19 is first 2018 Discuss proposed changes to date the Policy Committee document for final 90-day can hold the Public Hearing review (for Policy Committee’s approval)

END OF TASK 5C

(29) No meeting scheduled December 5, 2018 (NEW MTG) Submit for 90-day review process including copy of - Public Hearing December all written comments, - Review response to No meeting scheduled 2018 record of the public Comments hearing, response to - Approve any final comments (12/10 – 3/9) changes to document for - 90-day review final 90-day review END OF TASK 6B January - 90-day review No meeting scheduled No meeting scheduled 2019 February - 90 day review No meeting scheduled No meeting scheduled 2019 March - 90-day review + approval No meeting scheduled No meeting scheduled 2019 by BWSR

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Planning Stage Month PWG/TAG Meeting Public Engagement Policy Committee Advisory Work Group Date/Topic Date/Topic Date/Topic Local adoption by the local Spring plan authority is required No meeting scheduled No meeting scheduled 2019 within 120 days of BWSR Board approval.

Cannon River 1W1P – Meeting Schedule Revised June 12, 2018 Item 7. Draft Joint Powers Agreement

JOINT POWERS AGREEMENT FOR CANNON RIVER WATERSHED

This Joint Powers Agreement (Agreement) is entered into between the following parties (referred to as members):

The Counties of Dakota, Goodhue, Le Sueur, Rice, Steele and Waseca (Counties), by and through their respective County Board of Commissioners, and the Dakota, Goodhue, Le Sueur, Rice, Steele and Waseca Soil and Water Conservation Districts (SWCDs), by and through their respective Soil and Water Conservation District Board of Supervisors, and the Belle Creek Watershed District (WD) and the North Cannon River Watershed Management Organization (WMO) by and through their Board of Managers

WHEREAS, Minnesota Statutes § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and

WHEREAS, the Counties of this Agreement are political subdivisions of the State of Minnesota, with authority to carry out environmental programs and land use controls, pursuant to Minnesota Statutes Chapter 375 and as otherwise provided by law; and

WHEREAS, the Soil and Water Conservation Districts (SWCDs) of this Agreement are political subdivisions of the State of Minnesota, with statutory authority to carry out erosion control and other soil and water conservation programs, pursuant to Minnesota Statutes Chapter 103C and as otherwise provided by law; and

WHEREAS, The Watershed Management Organizations and Watershed Districts of this Agreement are political subdivisions of the State of Minnesota, with statutory authority to carry out conservation of the natural resources of the state by land use controls, flood control, and other conservation projects for the protection of the public health and welfare and the provident use of the natural resources, pursuant to Minnesota Statutes Chapters 103B, 103D and as otherwise provided by law; and

WHEREAS, the parties to this Agreement have a common interest and statutory authority to prepare, adopt, and assure implementation of a comprehensive watershed management plan in the Root River Watershed Cannon River Watershed Planning Area to conserve soil and water resources through the implementation of practices, programs, and regulatory controls that effectively control or prevent erosion, sedimentation, siltation and related pollution in order to preserve natural resources, ensure continued soil productivity, protect water quality, reduce damages caused by floods, preserve wildlife, protect the tax base, and protect public lands and waters; and

WHEREAS, with matters that relate to coordination of water management authorities pursuant to Minnesota Statute Chapters 103B, 103C, and 103D and with public drainage systems pursuant to Minnesota Statute Chapter 103E, this Agreement does not change the rights or obligations of the public drainage system authorities.

1 WHEREAS, pursuant to Minn. Stat. Section 103B.101 Subd. 14, the Board of Water and Soil Resources (BWSR) “may adopt resolutions, policies, or orders that allow a comprehensive plan, local water management plan, or watershed management plan, developed or amended, approved and adopted, according to chapters 103B, 103C, or 103D to serve as substitutes for one another or be replaced with a comprehensive watershed management plan,” also known as the “One Watershed, One Plan”.

WHEREAS, it is understood by all the parties to this Agreement that the One Watershed, One Plan for the Cannon River Watershed Planning Area does not replace or supplant local land use, planning, zoning authority, but, instead, provides a framework to provide increased opportunities for cooperation and consistency on a watershed basis.

WHEREAS, it is understood by all parties to this Agreement that the One Watershed, One Plan for the Cannon River Watershed Planning Area is intended to provide a framework for consistency and cooperation on a watershed basis and to allow local governments to cooperatively work together to implement projects with the highest return on investment for improving water quality/quantity issues on a watershed basis.

NOW, THEREFORE, in consideration of the mutual promises and benefits that the parties shall derive herefrom, all parties hereby enter into this joint powers agreement for the purposes herein.

I. Purpose.

The purpose of this Agreement is to establish a joint powers board that will (1) exercise leadership in the development of policies, programs and projects that will promote the accomplishment of the purposes found at Minn. Stat. § 103B, including the preparation, adoption and implementation of the plan required by Minn. Stat. § 103B.801 for the Cannon River Watershed Planning Area and (2) guide and assist the parties in acting jointly and individually to take actions that will promote the goals listed in Minn. Stat. §103B.801 and fulfill their responsibilities under Chapter 103B.

II. Joint Powers Board.

A. Creation and Composition of Joint Powers Board.

A joint powers board, known as the Cannon River Watershed Joint Powers Board (CRWJPB), is established for the purposes contained herein with the powers and duties set forth in this Agreement.

The CRWJPB shall be comprised of up to 14 members with membership composed of one (1) County Commissioner from each County, one (1) Soil and Water Conservation District Supervisor from each County, one (1) 2 Manager from the Watershed District, and one (1) Manager from the Watershed Management Organization with the respective individual representatives designated by the governing board of each member local unit of government.

B. Terms.

Each representative shall be appointed for a two-year term, with the ability of a member to appoint a representative for successive terms. In the event that any representative was not appointed by the governing board of each respective member or prior to expiration of the representative’s term, the incumbent representative shall serve until a successor has been appointed.

Option - add language that for the inaugural year we provide staggered terms.

C. Vacancies. If a representative resigns or is otherwise unable to complete his or her term on the CRWJPB because of the circumstance outlined in Minn. Stat. §351.02 exist or if a representative fails to qualify or act as a representative, the CRWJPB will advise the appointing authority of the vacancy as soon as practicable and the vacancy will be filled according to the requirements of the respective local unit of government.

D. Chair and Vice-chair. The CRWJPB shall elect a chair and a vice-chair from its membership for one- year terms. The chairperson shall serve as chairperson for all meetings and sign and deliver in the name of the CRWJPB Cannon River Watershed any correspondence pertaining to the business of the Cannon River One Watershed, One Plan 1W1P and shall perform other duties and functions as may be determined by the CRWJPB. The vice-chair shall discharge the chairperson’s duties in the event of the absence or disability of the chairperson

E. Secretary.

The CRWJPB shall elect a secretary from its membership for a one - year term.

The secretary shall: Maintain records of the CRWJPB; Certify records and proceedings of the CRWJPB; Ensure that minutes of all CRWJPB meetings are recorded and made available in a timely manner to the CRWJPB, and maintain a file of all approved minutes including corrections and changes; Provide for proper public notice of all meetings; and the secretary may delegate a 3 representative to record the minutes and perform other duties of the secretary. The elected secretary will sign the official minutes of all meetings following approval by the CRWJPB.

Treasurer: (do we need if membership dues are collected?)

The Treasurer shall: Assist the Chair in overseeing the CRWJPB budget and finances. In absence of the Chair or Vice Chair, the Treasurer shall preside over the CRWJPB meetings.

F. Meetings.

All meetings of the CRWJPB will comply with statutes and rules requiring open and public meetings.

The conduct of all meetings of the CRWJPB shall be generally governed by the most recent edition of Robert’s Rules of Parliamentary Law.

A quorum of the CRWJPB shall consist of a simple majority of the members. A quorum shall consist of 50 percent plus one of the total membership (8 members).

All votes by CRWJPB members or alternate member shall be made in person.

Notice of CRWJPB meetings and a proposed agenda shall be mailed to all Committee Board members not less than five (5) days prior to the scheduled meeting date of the Policy Committee.

The minutes of any meeting shall be made available to all CRWJPB members prior to the next meeting.

All regular meetings of the CRWJPB will be held at a Rice County Government Services Building. The CRWJPB, at its own discretion, may change the location.

G. Voting.

Each representative who is present shall be entitled to one vote.

A motion or resolution shall be approved by a favorable vote of a simple majority of the members present, provided enough members are present to make a quorum.

A supermajority vote of 75 percent of those members present shall be required for final plan submittal or changes to bylaws or Joint Powers Agreement.

4 H. Staff.

Option A - The CRWJPB shall not have authority to hire staff. Any staff providing services in conjunction with this Agreement shall remain an employee of the respective representative entity.

Option B – The CRWJBP may hire staff. Under this option if staff is hired, the CRWJPB would need to develop health insurance, workers comp and other benefits. The operational costs for the CRWJPB would increase substantially due to employee costs.

Dakota County Soil and Water Conservation District shall continue to provide assistance with day-to-day contact and administrative support for the CRWJPB as provided herein.

I. Duties of the CRWJPB.

The CRWJPB shall have the responsibility to prepare, adopt and implement a plan for the Cannon River Watershed Planning Area that meets the requirements of Minn. Stat. § 103B.801. and the responsibility to review and approve local water management plans with the exception of separate jurisdictional authorities granted to the North Cannon River Watershed Management Organization and the Belle Creek Watershed District.

Upon adopting of a watershed plan, the CRWJPB may amend the watershed plan without approval from the governing boards of individual members

III. Powers of the CRWJPB.

A. General Powers.

The CRWJPB is hereby authorized to exercise such authority as is necessary and proper to fulfill its purposes and perform all duties described herein. Such authority shall include, but not be limited to, authority and responsibility to oversee revenues and expenditures.

B. Contracts.

The CRWJPB may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. Additionally, the CRWJPB may enter into agreements pursuant to Minn. Stat. § 471.59. The CRWJPB may approve any contract up to consistent with goals of the CRWJPB and may authorize its chair to execute these contracts.

The CRWJPB shall pay to any member services performed consistent with the

5 purpose of this Agreement or contractors for services performed pursuant to contract. No payment on any invoice for services performed by a member, consultant, contractor, or any other person or organization providing services in connection with this Agreement shall be authorized unless approved by the CRWJPB. chair and vice-chair or by the chair and secretary. The chair shall report to the CRWJPB and the CRWJPB shall ratify any such payments authorized under this provision at its next regular meeting.

C. Funds.

The CRWJPB may disburse funds in a manner which is consistent with the Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement.

D. Bylaws.

The CRWJPB shall have the power to adopt and amend such bylaws that it may deem necessary or desirable for the conduct of its business. Such bylaws shall be consistent with this Agreement and any applicable laws or regulations.

E. Grants and Loans.

The CRWJPB may apply for and accept gifts, grants or loans of money, other property or assistance from the United States government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, other property and assistance in accordance with the terms of the gift, grant or loan relating thereto.

F. Property.

Option A - The CRWJPB may purchase and hold such property and equipment as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as is provided for in this Agreement.

Option B - The CRWJPB has no authority to purchase property or equipment. Such property or equipment that is provided to the CRWJPB to accomplish the goals of the One Watershed One Plan shall continue to be owned by the entity providing such property or equipment for use by the CRWJPB.

G. Insurance.

The CRWJPB may obtain any liability insurance or other insurance it deems necessary to insure itself for action arising out of this Agreement.

6 H. Exercise of Powers.

All powers granted herein shall be exercised by the CRWJPB in a fiscally responsible manner and in accordance with the requirements of law.

I. Public Participation.

The CRWJPB shall provide for such public participation in the conduct of its activities as will promote understanding of its activities among the public and local governmental units affected by the activities and the informal resolution of disputes or complaints.

IV. Reservation of Authority.

All responsibilities not specifically set out to be jointly exercised by the CRWJPB under this Agreement are hereby reserved to the respective governing bodies of the members.

V. Budgeting and Funding.

A. Budget.

Option A By January 1 December 31 of each year, the CRWJPB shall adopt a budget for the following calendar year.

Option B – annually, the CRWJPB shall adopt a budget. This option does not specify a date.

B. Funding.

Option A: The CRWJPB has no authority to levy taxes. Instead, funding shall be by “membership dues” payable from each individual member on January 1 by March 1 of each year.

Option A1: The amount of membership dues for each member shall be based on the percentage of land of a particular member found within the total land area of the Cannon River watershed subject to this agreement.

Option A2: The amount of membership dues for each member shall be based on a tiered approach based on the percentage of land of a particular member found within the total land area of the Cannon River watershed subject to this agreement. Example: Tier 1 = less than 8% land area (Belle Creek WD, Waseca) Tier 2 = 9% to 18% land area (Dakota, Le Sueur, North Cannon WMO) Tier 3 = greater than 20% land area (Goodhue, Rice, Steele)

7 Option A3: The amount of membership dues for each member shall be a flat fee from each Member payable by January 1 March 1 of each year.

Option B: The CRWJPB has no authority to levy taxes or implement other means to generate income. Funding for the CRWJPB shall be by matching funds. Each member receiving grant funds shall match those grant funds. The matching funds shall assist in the funding the CRWJPB.

C. Administrator, Fiscal Agent and Legal Counsel.

The CRWJPB may enter into agreement with one or more of its Members, or select a contractor, to carry out administrative, fiscal, and legal services.

Will move specifics below to Bylaws or independent agreements for these three services; estimated costs and identifying who would provide each of these services could also be included into a three-year work plan and budget if that route is selected.

appointed fiscal agent shall be the chief financial officer of the CRWJPB and shall provide management of all CRWJPB funds, including grant monies and all other funds received by the CRWJPB.

The Rice Soil and Water Conservation District will act as the fiscal agent for the purposes of this Agreement and agrees to:

a. Accept all responsibilities associated with the implementation of the BWSR grant agreement for developing a watershed-based plan.

b. Perform financial transactions as part of grant agreement and contract implementation.

c. Provide for strict accountability of all funds, report all receipts and disbursements, and annually provide a full and complete audit report.

d. Provide the Policy Committee with the records necessary to describe the financial condition of the BWSR grant agreement.

e. Retain fiscal records consistent with the agent's records retention schedule.

D. Accountability.

All funds shall be accounted for according to generally accepted accounting principles.

8 E. Debts.

The CRWJPB may not incur debts.

Move to Item Above F. Grant Administrator. Dakota County Soil and Water Conservation District will act as the Day to Day contact for the purposes of this Agreement and agrees to provide the following services:

a. Accept all day-to-day responsibilities associated with the implementation of the BWSR grant agreement for developing a watershed-based plan, including being the primary BWSR contact for the One Watershed, One Plan Grant Agreement and being responsible for BWSR reporting requirements associated with the grant agreement.

b. Provide the Policy Committee with the records necessary to describe the planning condition of the BWSR grant agreement.

c. Provide for proper public notice of all meetings and retaining records consistent with the Grant Administrator's record retention schedule.

d. Ensure that minutes of all Policy Committee meetings are recorded and made available in a timely manner to the Policy Committee, and maintain a file of all approved minutes including corrections and changes.

VI. Subcommittees Committees. Could we shorten this and move some detail to bylaws?

A. Creation.

To expedite and facilitate the business of the CRWJPB and the orderly and efficient consideration of matters coming before it, the CRWJPB may create Committees such subcommittees as it deems necessary to review and examine specific issues or topics of concern. The Chair, or by a majority vote of the CRWJPB, may appoint standing or ad hoc subcommittees Committees to address issues or facilitate the CRWJPB activities.

B. Member Selection.

Any subcommittee Committee must include at least one CRWJPB member or proxy. A subcommittee Committee should also include other related service providers and subject matter experts.

C. Officers.

9 The CRWJPB Chair shall appoint the Chair and Vice Chair of a Committee subcommittee or a pair of Co-Chairs at his/her discretion.

D. Member Resignation.

A subcommittee Committee member may resign at any time from the subcommittee upon providing written notice.

E. Member Removal. Any member of a subcommittee Committee who is not a member of the CRWJPB may be removed by a two-thirds majority vote of the members present at a scheduled CRWJPB meeting. For this purpose, each CRWJPB member is provided one vote.

F. Conflict of Interest.

No person who has a private pecuniary or property interest in a Committees subcommittee’s work topic shall be permitted to serve as a member of such subcommittee.

VII. Indemnification.

Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized or limited by law and shall not be responsible for the acts of any other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minnesota Statute Chapter 466 and other applicable laws govern liability of the Parties. To the full extent permitted by law, actions by the Parties, their respective officers, employees, and agents pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity." It is the intent of the Parties that they shall be deemed a "single governmental unit" for the purpose of liability, as set forth in Minnesota Statutes§ 471.59, subd. la(a). For purposes of Minnesota Statutes§ 471.59, subd. la(a) it is the intent of each party that this Agreement does not create any liability or exposure of one party for the acts or omissions of any other party.

VIII. Records Retention and Data Practices.

The Parties agree that records created pursuant to the terms of this Agreement will be retained in a manner that meets their respective entity's records retention schedules that have been reviewed and approved by the State in accordance with Minnesota Statutes§ 138.17. The Parties further agree that records prepared or maintained in furtherance of the agreement shall be subject to the Minnesota Government Data Practices Act.

IX. Duration.

This Agreement is binding upon the member upon signature. All members need not

10 sign the same copy. This signed Agreement shall be filed with the responsible authority for records retention and data practices Rice County, who shall notify all members in writing of its effective date.

This Agreement shall continue until terminated in the manner provided herein.

X. Termination, Withdrawal, Amendments. Do we want a clause that would allow for adding or reinstating members?

A. Termination.

This Agreement may terminate upon the occurrence of any one of the following events, whichever occurs first:

When necessitated by operation of law as result of the decision by a court of competent jurisdiction; or

When necessitated based upon failure to obtain necessary funding from the members or grant funding from the State of Minnesota or the United States government or other sources, or

When a majority of members agree by resolution to terminate the agreement upon a certain date.

Upon termination of this Agreement, all property of the CRWJPB shall be sold or distributed to the members in proportion to the percentage of fund contributions of each current member of the Agreement. Already identified under XI below.

B. Withdrawal.

Any member may withdraw from this Agreement upon 90 days written notice.

A withdrawing member shall not be entitled to the distribution of any assets or funds.

In the event of withdrawal by any member, this Agreement shall remain in full force and effect as to all remaining members.

C. Amendments.

Upon recommendation from the CRWJPB for changes to this agreement, this Agreement may be changed, amended, or modified by an amendment or addendum document or by an entirely new Joint Powers Agreement.

Any changes, amendments, or modifications to this Agreement may only be by, 11 and are effective only when reduced to writing and approved and signed by all members hereto.

XI. Distribution of Surplus Funds and Property.

Upon termination of this Agreement, funds and property held by the CRWJPB shall then be distributed to members in proportion to their contributions.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

12 Item 8. Draft Factsheet FACT SHEET Cannon River One Watershed, One Plan

The goal of One Watershed, One Plan (1W1P) is to align local water planning on major watershed boundaries rather than county boundaries. The Minnesota Board of Water and Soil Resources (BWSR) is the state agency that provides guidance on Plan development and is the responsible authority to approve final Plans. In 2012, the Minnesota legislature required BWSR to develop a process to transition from a county water plan to a watershed based plan (Plan). During that process 63 major watersheds within the State of Minnesota were identified. Currently five major watersheds have approved Plans and another 11, including the Cannon River Watershed Planning Area, are in the process of developing their final Plan for adoption. The goal is to have a Plan for all 63 watersheds by the year 2025. This locally led process, that is intended to align with State strategies, will result in a Plan that address the highest priorities to restore or protect our water resources. Working collaboratively across county lines to develop a watershed based plan makes the watershed eligible to receive non-competitive state funds to implement projects and activities. As a requirement to obtaining final Plan approval from the BWSR, the Plan must include information on the organizational structure that will be used to implement the Plan.

One representative from each of the 14 local water management authorities within the Cannon River Watershed Planning Area including six counties, six soil and water conservation districts, the Belle Creek Watershed District and the North Cannon River Policy Committee Watershed Management Organization. They have been meeting throughout the planning process. The following is a summary of Policy Committee meeting information related specifically to organizational structure for Plan implementation.

Three different watershed structures in southern Minnesota were invited to share how November 2017 they operate including the Root River (Plan adopted), Cedar River Watershed District, and the Greater Blue Earth River Basin Alliance. A representative from the Minnesota Counties Intergovernmental Trust (MCIT) provided information on different structures and the legal considerations of each. Four different structures were presented and the Policy Committee eliminated two; the Watershed January 2018 District and informal agreement option or Memorandum of Agreement. The Policy Committee chose to focus on either a collaboration structure among the 14 Members or DRAFTa joint powers board structure. Reviewed details of both the collaboration approach or the joint powers board option. The Policy Committee unanimously supported the joint powers board option as it April 2018 provides the most flexibility to accomplish watershed wide activities and they directed staff to draft a joint powers agreement for review and consideration.

Next Step: The Policy Committee currently operates under a Memorandum of Agreement for Plan development that was approved by each of the 14 member Boards in December 2016. The Policy Committee is now seeking action from each member Board to approve a structure that will implement the Plan and establish a Cannon River Watershed Joint Powers Board (CRWJPB). Watershed Planning Area

Cannon River Watershed = 929,475 acres Upper Mississippi River-Lake Pepin = 23,458 acres

Rice County 28.6% Goodhue County 100% Steele County 24.6% Goodhue County 20.2% Total Planning Area = 952,933 acres Dakota County 10.1% 1,460 square miles Le Sueur County 9.9% 800 linear miles of water courses Waseca County 5.4% 70% agricultural Non-participating Counties 1.2% (Freeborn, Blue Earth, Scott) 5 cities > 10,000 people

DRAFT Item 8. Draft Frequently Asked Questions Frequently Asked Questions

Why not continue to operate under the memorandum of agreement (MOA)? The Policy Committee concluded that establishing a joint powers board generates more collaboration among the 14 Members and ultimately more flexibility watershed-wide to implement the Plan. If the MOA structure continues after Plan adoption, each Member would be responsible for their own undertakings to implement the Plan. This is a less flexible and less efficient structure to implement watershed wide activities. It was decided that the best approach to implement the Plan is a joint powers board where Members work across county boundaries to communicate ideas and share resources.

Would the Cannon River Watershed Joint Powers Board (CRWJPB) have Land Use Authority? No. Language within the Joint Powers Agreement (JPA) to establish a CRWJPB will not allow for independent land use authorities.

Would the CRWJPB have taxing authority? No. The JPA will not allow for the CRWJPB to have independent taxing authority.

Would a Cannon River Watershed Joint Powers Board just create another layer of government? The answer depends some on each individuals perspective. Creating a joint powers board will require more administrative functions as the new entity is subject to open meeting law, records retention policy, liability insurance etc. However, the Policy Committee felt that a joint powers board is a more transparent process to residents of the watershed, stakeholders and the State of Minnesota who will be contributing grant funds to implement the Plan. Since the CRWJPB would not have land use or taxing authorities, there is reduced concern about adding a layer of government and more focus on working cohesively to accomplish watershed wide goals. This collaborative approach to solve shared goals is similar to other multijurisdictional joint powers boards such as the Minnesota Drug Task Force, the Emergency Communications Board or Technical Service Areas for Minnesota soil and water conservation districts.

Where does funding come from to implement the Plan and pay for the administrative costs? The majority of project dollars to implement the Plan will come from state and federal grant sources. The legislature, through recommendations by the local government water roundtable which includes the Association of Minnesota Counties, the Minnesota Association of Soil and Water Conservation Districts and the Minnesota Association of Watershed Districts, has indicated a desire to move Clean Water Funds derived from the Clean Water Land and Legacy constitutional amendment from a competitive grant process to a watershed based funding approach. Only watersheds that have approved Plans will be eligible for watershed based funding grants. Frequently Asked Questions

Who covers risk and liability? Development of a CRWJPB will require liability insurance. It is anticipated that The Minnesota Counties Intergovernmental Trust (MCIT) would be hired to cover risks and liabilities of the CRWJPB.

Who will provide administrative tasks and fiscal responsibilities? One or more member local governmental units part of the joint powers agreement will be selected to pro- vide day to day administration and fiscal responsibilities through an agreement with the CRWJPB.

Will the CRWJPB employ staff? PENDING POLICY COMMITTEE DIRECTION.

How will the CRWJPB pay for administrative costs and provide matching funds to State grants? PENDING POLICY COMMITTEE DIRECTION

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