duluth urban watershed advisory committee · • jpos do not have taxing authority –unless jpa...
TRANSCRIPT
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Duluth Urban Watershed Advisory Committee
August 4, 2016
Vision:Our water resources and associated ecosystems become healthier and more resilient through public engagement and
local government collaboration.
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Today’s Objectives
• Learn about the Wetlands Conservation Act
• Finalize strengths and weaknesses for all frameworks
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Process for Developing Recommendations
1. Aug 4: Finalize strengths and weaknesses for all frameworks
– You will be provided: A list of all the potential benefits and weaknesses developed by the group, and responses to the questions that committee members had on each model
– As a group we will: Review all models presented; discuss remaining questions, and finalize these strengths and weaknesses
2. Sept/Oct: Develop draft recommendations for watershed management
– You will be provided: The finalized list of strengths and weaknesses
– As a group we will: Draft recommendations, based on the strengths and weaknesses; what models have support for pursuing? What drawbacks or pitfalls would have to be overcome?
– We’ll ask you to: help us organize community meetings
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3. Oct/Nov: Individual Community Meetings: solicit feedback on draft
– We will work with you to arrange a meeting with the most appropriate committee in your community
– Goal: gather community feedback on the draft recommendations
4. November: Finalize recommendations; identify next steps
– We will: summarize and post notes from community meetings
– As a group, we will:
• strive to find consensus or “I can live with that” decisions
• Discuss next step opportunities, ideas for moving recommendations forward
• Watershed Restoration and Protection Strategies??
Process for Developing Recommendations
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Future Meeting Tentative ScheduleMarch 2016 Voluntary Cooperation (RSPT, HTAC); NPDES Permits
April 2016 Joint Powers Model (Vermillion River, Miller Creek)
June 2 2016Final Management Framework Review: Toronto Model, Residual Designation Authority; discuss process for developing recommendations
Aug 4 2016 Finalize strengths and weaknesses for all frameworks
Sept/Oct 2016
Develop draft recommendations for watershed management
Oct/Nov 2016
Individual Community Meetings: solicit feedback on draft
November 2016
Finalize recommendations; Next steps; Watershed Restoration and Protection Strategies?
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46 Watershed Districts in MNBruce Albright, Buffalo Red River Watershed District
Ray Bohn, MN Association of Watershed Districts
Matt Moore, South Washington County WD
Kevin Bigalke, Nine Mile Creek WD
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Watershed Management Districts
• Watershed districts are local units of government that work to solve and prevent water-related problems. The boundaries of the districts follow those of a natural watershed.
• Each watershed district is governed by a board of managers appointed by the county boards of commissioners with land in the watershed district. Each watershed district is also required to have a citizen advisory committee to provide input to the managers on projects and activities. Many watershed districts have paid, full-time staff; others rely on contract employees, primarily for engineering and legal services.
Source: Board of Water and Soil Resources
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Watershed District Authorities
• Adopt rules with the power of law to regulate, conserve, and control the use of water resources within the district.
• Contract with units of government and private and public corporations to carry out water resource management projects.
• Hire staff and contract with consultants.
• Assess properties for benefits received and levy taxes to finance district administration.
• Accept grant funds, both public and private, and encumber debt.
• Acquire property needed for projects.
• Acquire, construct, and operate drainage systems, dams, dikes, reservoirs, and water supply systems.
• Enter upon lands within and without the district to make surveys and conduct investigations
Source: Board of Water and Soil Resources
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Watershed District QuestionsWhat is the process for setting up a Watershed District?
• An establishment petition must be filed with BWSR, stating:
• The name, description of the property, and map
• The necessity for the watershed district and the contemplated improvements within the watershed district;
• The reasons why the WD and the improvements would be conducive to public health and public welfare, or would accomplish any of the purposes in section 103D.201;
• The number of managers proposed (3-9); and a list of the nominees for manager positions
• The establishment petition must be signed by one or more of the following groups:
• (1) one-half or more of the counties within the proposed watershed district;
• (2) counties having 50 percent or more of the area within the proposed watershed district;
• (3) a majority of the cities within the proposed watershed district; or
• (4) 50 or more resident owners residing in the proposed watershed district, excluding resident owners within the corporate limits of a city if the city has signed the petition.
https://www.revisor.mn.gov/statutes/?id=103D.205
http://www.bwsr.state.mn.us/planning/WD_establishment.pdf
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Watershed District Questions• How will existing agencies/local units of government collaborate?
– Similar to now; some functions of communities taken over by WD
• How will the structure for longevity of the organization be determined?
– Can be terminated after 5 years by petition, signed by 25% of residents.
• How to be sure WD structure follows group goals and vision?
– Defining purposes in the establishment petition sets stage, but Board is independent, appointed by County Board
• Will taxing area be defined/assessed? Just within watershed, correct?
– Yes, just within watershed, as defined in petition. State law currently allows a district to establish an annual general fund of up to $250,000, but the tax levy cannot exceed 0.048% of the watershed’s taxable market value.
• Are there grants for initial set‐up costs?
– Not specifically
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Watershed District Questions
• Is this new $ raised or existing $ distributed differently
– New
• How do you create structure to foster communication across communities?
– Citizen Advisory Committee (required) can help with this role. Board selection critical. Education and Outreach can be a (significant) component of WD efforts.
• How do special assessments work?
– Specific rules for determining properties that benefit from the work, in statute 103D. Assessment on property through County Auditor• https://www.revisor.mn.gov/statutes/?id=103D
• Are there new rules for Watershed Districts that we will need to follow?
– Minor changes during last legislative session that affected WD’s, but nothing significant
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Joint Powers
“A Joint Powers Agreement (JPA) is a formal, legal agreement between two or more public agencies that share a common power and want to jointly implement programs, build facilities or deliver services” (calafco.org)
JPA: Joint Powers Agreement
JPO: Joint Powers Organization
JPB: Joint Powers Board
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Joint Powers Agreement (JPA)
• JPA sets the stage for the Organization or Board
• JPA identifies the authorities of the JPO or JPB
• Each JPA is unique in its language – no set standard
• Minnesota Statute 471.59 lists out JPA guidelines
• JPA allows one entity to use the services of other entities signed on the JPA
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Vermillion River Watershed JPO
• Metropolitan Surface Water Management Act required a WD or JPO
• Scott & Dakota Counties– VRWJPO has the authority and resources of both
counties
– Watershed Management Plan guides work
– Majority of “on the ground” work by SWCDs
• Local Communities– Individual Comprehensive Plans meet or exceed
JPO
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VRWJPO Structure
• 3.5% in Scott; 96.5% in Dakota
• Board meets monthly
– 1 Scott; 2 Dakota
• Advisory Group meets monthly
– 1 Scott; 8 Dakota
– Voluntary; Watershed Planning
• Technical Advisory Group meets quarterly
– Voluntary; Open to all
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Advice from Mark & Dave on Joint Powers:
• Vision Statement = Watershed’s Future
• May not agree = okay!
• Planning & Coordination = Primary
• Regulatory Power = Secondary
• R-E-S-P-E-C-T
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WD vs. JPO
• JPOs do not have taxing authority
– UNLESS JPA grants this authority
• JPO governance is appointed by members signed on JPA
• WD governance is appointed by county boards of commissioners
• WDs also required to have citizen advisory committee
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WD vs. JPO Con’t
• WDs are formed by petitioning BWSR
– Authorities granted by BWSR based on watershed management plant
• WDs are represented by the Minnesota Association of Watershed Districts
– Provide administrative and lobbying services
• JPOs are “free-standing” and formed through a JPA
– JPA defines authorities; watershed management plan recommended to guide actions and funding needs
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Voluntary Cooperation
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Voluntary Cooperation
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Voluntary Cooperation
• No regulatory framework; up to communities/participating agencies to determine structure and function
• Memorandum of Understanding
• No formal funding mechanism
• No requirement to participate/engage
• Potential to organize quickly; involve all relevant stakeholders
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Voluntary Cooperation Questions
• How do all stakeholders remain engaged? – No forcing them. Perceived benefits
• What is a “Formal Structure” in a Voluntary Cooperation model?– MOU may be used; up to organization to set the structure. RSPT vs HTAC
• How do you make decisions when no one has an authoritative role?– Structure would determine decisionmaking process
• How do you fund it?– Voluntary contributions, grants, foundations
• How do you sustain it over the long-term, as the job is never truly complete?– A question every organizations asks…
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Voluntary Cooperation Questions• Would each sub-group have a representative in the larger organization?
– Up to the organization. Typically subgroups are made of members of larger organization or their delegates. Others can be brought in as needed for expertise, experience
• What sub-groups would this particular organization have which most benefit local stream management?
• Who and how would we collect dues?– Your community/Agency would have to agree; organization to act as treasury
• How do you find the necessary inspirational leadership needed to make this model a success?
• How is a voluntary cooperation organization structured, particularly how is ‘volunteerism’ defined?– 1. Organizations/communities participate of their own free-will; staff members may be
paid for their time
– 2. Individuals volunteer their time to the organization
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Vision Statement:
Our water resources and associated ecosystems become healthier and more resilient through public engagement and
local government collaboration.