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Saturday, May 10, 2014

IS IT IN EUREKA'S BEST INTEREST TO ADMINISTER THE VRWJPO ORDINANCE?


Vermillion River Watershed Joint Power Organization

​The Vermillion River Watershed is administered through a Joint Powers Agreement. Dakota and Scott Counties formed a Joint Powers Organization to exercise leadership in the development of policies, programs and projects that protect and preserve water resources in the Vermillion River Watershed.

At the April, 2014, Town Board meeting, the Supervisors engaged in a discussion regarding the permitting process administered by the Dakota County Vermillion River Watershed Board. Supervisor Ceminsky commented that the VRWJPO is in the process of updating the Vermillion River Watershed Plan. Ceminsky stated that County Commissioner Mike Slavik and “some of the people on the Vermillion River Watershed Board would like to give the permitting process back to Eureka.” Supervisor Behrendt reminded Supervisor Ceminsky that Eureka declined previously to administer the permitting process. He feels the ordinance is very difficult and complex to administer and enforce, requiring a level of expertise to implement the ordinance requirements. Supervisor Ceminsky stated the Vermillion Ordinance is no more difficult to administer than the North Cannon Ordinance. Behrendt and Budenski disagreed with Ceminsky, indicating that, although the intent is the same, the administration is more complex. (I spoke with Travis Thiel, Watershed Specialist with the Vermillion Watershed. During my discussion with him regarding Supervisor Ceminsky’s concerns as expressed at the Board meeting, I did not get the impression that there is any sense of urgency regarding this issue.)


Supervisor Ceminsky stated, “It costs the County $8,000 a year to administer the permitting process for Eureka citizens and they will have to recoup the fees at a cost to the citizens.” He indicated the cost might be less for the citizens if Eureka administered the permitting. (I believe this is only speculation: does Ceminsky have any concrete idea what fees would be charged at the Township level? He had no numbers to offer. This Ordinance was always to be a “pass through” on the expense to the applicant, regardless of who hired the engineer, etc.)


Supervisor Behrendt asked who would administer and monitor the permitting process in Eureka. Supervisor Ceminsky responded that the Building Inspector would have the authority to do so. The Planning Commission would first review the permit application before the Inspector would be involved in the process. Fees would have to be charged by the Building Inspector and, at a minimum, Eureka’s ordinance language would have to be modified concerning the necessary fees in the fee schedule. Concerns that some requirements might be outside the scope of what the Building Inspector can do are valid, in my opinion. Other concerns addressed were the licensing requirements for the Building Inspector and the possibility of engaging TDKA regarding engineering concerns and related costs. Supervisor Miller stated that it might be just as cost-effective to continue to allow the County to administer the permitting process.


Supervisor Ceminsky also stated that Brian Watson of the SWCD, administrator of the Wetlands, also suggested Eureka take responsibility for administrating the Vermillion River Watershed permitting process. Supervisor Miller asked if Brian Watson’s office would be willing to step in and help Eureka if necessary. Butch Hansen stated that “Brian Watson has to at our request.”


Nancy Sauber reminded the Board that the VRWMJPO is in the process of updating the Vermillion Watershed Plan, as is required every 10 years. A third public meeting was held by the VRWJPO in April at the Farmington Extension office, which was the closest location of their three open meetings for citizen input. Five citizens from Eureka were in attendance to engage in and offer input regarding the Plan update. No one from the Planning Commission or Town Board attended. Information on the Watershed updating process regarding Plan objectives and goals can be found on the VRWJPO website. Supervisor Miller felt it necessary for the Town Board to be aware of the Watershed’s updated objectives and goals before considering administrating the permitting process and ordinance. (As a citizen, I agree. How can the Board have a conversation with the Building Inspector if the updated Watershed Plan has not been adopted by the County? Is someone on the Board putting “the cart before the horse” without engaging in a reasonable and intelligent thought process?)


Commissioner Hansen was concerned that the Planning Commission needs to enforce the wetland ordinance. He stated
“Eureka does not go through the process as they are supposed to, so ...” and “We brung [sic] up to the Board before as a Planning Commission telling you that we needed to enforce the Wetland ordinances.” (It is my opinion that this is a very good indicator as to the importance of allowing the County to continue to administer the permitting process utilizing their experience and expertise to make certain it is administrated and enforced properly.)



Supervisor Madden stated “I know a lot of people who live on the Vermillion River who would like to be on an Advisory Board.” (What Advisory Board?) Supervisor Madden was taking selective photos of audience citizens during the discussion. Was he engaged in the discussion process, or was he working on his photo album? He turned over his name tag and later in the meeting took his belongings and walked out before the meeting was finished. (Have you ever been to a City Council meeting where a Council member takes photos of citizens during a robust and vital discussion?)


Chair Miller asked Supervisor Ceminsky to contact the Building Inspector, Darrel Gilmer, and engage in a discussion regarding the concerns that were discussed and Gilmer’s ability to administer and enforce the Vermillion Watershed Ordinance.


(As a citizen, I would encourage the Building Inspector to come before the entire Town Board to allow for an unbiased and clear conversation as to his capabilities regarding administration and enforcement, thus allowing questions and follow-up from all Board members.)

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