DEPARTMENT: Environmental Resources
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Revised Joint Powers Agreement Between Dakota And Scott Counties For Vermillion River Watershed And Rescind Resolution No. 24-383
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PURPOSE/ACTION REQUESTED
Authorize a revised joint powers agreement between Dakota and Scott counties for the Vermillion River Watershed and rescind Resolution No. 24-383.
SUMMARY
The Vermillion River Watershed Joint Powers Organization (VRWJPO) was formed in 2002 when Dakota and Scott counties executed a joint powers agreement (JPA) to operate and manage the Vermillion River Watershed for purposes set forth in Minn. Stat. § 103B.201. The specific purposes of the JPA are 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 in Minn. Stat. § 103B.201, including the preparation, adoption, and implementation of the plan required by Minn. Stat. § 103B.211 for the Vermillion River Watershed and 2) guide and assist Dakota and Scott counties in acting jointly and individually to take actions that will promote the goals listed in Minn. Stat. § 103B.201 and fulfill their responsibilities under Minn. Chapter 103B.
Recent procedural and operational changes have necessitated staff to evaluate changes to the JPA. The JPA has not been revised since its adoption in 2002. Staff’s evaluation led to a number of proposed changes to the JPA (Attachment: VRWJPO Joint Powers Agreement) that update language that is out of date and inaccurate and reflects current procedures and operations of the VRWJPO.
Changes to the JPA include:
• Housekeeping items to clean up outdated language and bring the JPA into compliance with various State requirements
• Recognizing changes to the assignment and terms of County Commissioners on the Vermillion River Watershed Joint Powers Board
• Requiring staffing services be provided by each county to the VRWJPO through separate service agreements
• Clarifying indemnification language and requiring the VRWJPO carry its own insurance rather than be covered through each county
• Clarifying language on the delegated authority granted to the VRWJPO Administrator and Co-Administrator
• Changing the name of the committee (Vermillion River Watershed Planning Commission) to Community Advisory Committee to better describe its roles/responsibilities
• Updating responsibilities, membership, and term requirements for the Community Advisory Committee
• Adding language to clarify when actions of the Community Advisory Committee are subject to Open Meeting Law
A previous version of the JPA was approved by the Dakota County Board through Resolution No. 24-383 (July 30, 2024). However, it was determined that Scott County staff had additional revisions they wanted included in the JPA after the Dakota County Board had approved the resolution, so it’s recommended Resolution No. 24-383 be rescinded and a revised joint powers agreement be executed.
RECOMMENDATION
recommendation
Staff recommends the execution of the revised joint powers agreement between Dakota and Scott counties for the Vermillion River Watershed and recission of Resolution No. 24-383 (July 30, 2024). The recommended authorization would supersede the previous authorization to execute a revised joint powers agreement due to additional changes in the joint powers agreement language.
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EXPLANATION OF FISCAL/FTE IMPACTS
☒ None ☐ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and
WHEREAS, pursuant to Minn. Stat. § 103B.231, a watershed management plan is required for watersheds comprising all minor watershed units wholly or partly within the metropolitan area, in accordance with the requirements of § 103B.205 to § 103B.255; and
WHEREAS, the Vermillion River Watershed is a watershed comprising minor watershed units wholly within the metropolitan area, specifically within Dakota County and Scott County; and
WHEREAS, effective September 5, 2002, Dakota County and Scott County executed a joint powers agreement (“2002 JPA”) to cooperatively carry out their responsibilities and duties pursuant to Minn. Stat. §§ 103B. 211 to 103B.255; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization (“VRWJPO”), an independent joint powers entity organized under Minn. Stat. § 471.59, was created by the 2002 JPA to carry out Dakota County’s and Scott County’s responsibilities and duties pursuant to Minn. Stat. §§ 103B. 211 to 103B.255; and
WHEREAS, Dakota County and Scott County desire to update the terms and conditions of their joint powers agreement to cooperatively carry out their responsibilities and duties pursuant to Minn. Stat. §§ 103B. 211 to 103B.255 pursuant to the authority granted to them pursuant to Minn. Stat. § 471.59; and
WHEREAS, staff recommends that the Dakota County Board of Commissioners rescind Resolution No. 24-383 (July 30, 2024); and
WHEREAS, Dakota County and Scott County desire that the terms and conditions of this Agreement replace the terms and conditions of the 2002 JPA moving forward, effective upon the full execution of this Agreement by the parties to this Agreement.
NOW, THEREFORE, BE IT RESOLVED, That the County Board of Commissioners hereby authorizes the Board Chair to execute the joint powers agreement between Dakota County and Scott County for Vermillion River Watershed as substantially presented and subject to approval as to form by the County Attorney's Office to replace the 2002 joint powers agreement for the Vermillion River Watershed; and
BE IT FURTHER RESOLVED, That approved Resolution No. 24-383 (July 30, 2024) is rescinded and superseded by this resolution.
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PREVIOUS BOARD ACTION
24-383; 7/30/24
ATTACHMENTS
Attachment: VRWJPO Joint Powers Agreement
BOARD GOALS
☐ A Great Place to Live ☒ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Nikki Stewart
Author: Travis Thiel