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HomeMy WebLinkAbout6.e. 2019 Waste Abatement Community Funding Application and Joint Powers Agreement EXECUTIVE SUMMARY City Council Meeting Date: November 20, 2018 AGENDA ITEM: 2019 Waste Abatement Community Funding Application and Joint Powers Agreement AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.e. ATTACHMENTS: Resolution, Funding Application, and Joint Powers Agreement APPROVED BY: LJM RECOMMENDED ACTION: Motion to adopt a resolution that approves the 2019 Dakota County Waste Abatement Community Funding Application and the Joint Powers Agreement between Dakota County and the City of Rosemount and authorize the Necessary Signatures ISSUE The Dakota County Environmental Management Department has established funds to be allocated to the communities of Dakota County for the purpose of funding a Recycling and Solid Waste Management Program. The County makes these funds available to the cities to help defray the cost of administering a solid waste and recycling program. Based on the estimated population and number of households in Rosemount, the City is prepared to receive $30,263 for the 2019 program. In order to receive these funds, the City must apply for the funding and must enter into a Joint Powers Agreement with Dakota County. Attached are a copy of the Funding Application and a copy of the Joint Powers Agreement between Dakota County and the City of Rosemount. A resolution approving both the Application and the JPA is also attached. The application has been reviewed and approved by Dakota County staff and the Joint Powers Agreement was prepared and written by County staff. Funds are distributed upon final approval of the executed Joint Powers Agreement from the City Council and submission of the 2018 Annual Report to the County. RECOMMENDATION Staff recommends the Council authorize the application for Community Funding for waste abatement and to consider the Joint Powers Agreement between Dakota County and the City of Rosemount and authorize the necessary signatures. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - A RESOLUTION AUTHORIZING APPLICATION TO DAKOTA COUNTY FOR FUNDING THE CITY OF ROSEMOUNT’S 2019 WASTE ABATEMENT PROGRAM AND APPROVING A JOINT POWERS AGREEMENT WHEREAS, according to the Dakota County Community Waste Abatement Program guidelines as established in 1988 and amended in 1989, the City Council of Rosemount must submit a funding allocation and funding application to receive funding for the City’s 2019 Waste Abatement Program; and WHEREAS, the City of Rosemount has established and desires to maintain a waste abatement program which promotes recycling, waste reduction, and reuse opportunities in the community and encourages landfill abatement; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount hereby approves the 2019 Waste Abatement Funding Application authorizing the necessary signatures thereon and its distribution to Dakota County. BE IT FURTHER RESOLVED that the City Council of the City of Rosemount also hereby approves the Joint Powers Agreement between Dakota County and the City of Rosemount and authorizes the necessary signatures. ADOPTED this 20th day of November, 2018. William H. Droste, Mayor ATTEST: Eric Fasbender, City Clerk CERTIFICATIONS I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 7th day of November, 2017, as disclosed by the records of said City in my possession. (SEAL) ______________________________________ Clarissa Hadler, City Clerk Motion by: ___________________________ Second by:______________________________________ Voted in favor: ________________________________________________________________________ Voted against: ________________________________________________________________________ JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR 2019 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of Rosemount (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County and the Municipality are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program (Program) that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; the Master Plan governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Master Plan (Minn. Stat. § 115A.46); and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives; and WHEREAS, the Master Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding and waste tire activity amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution #18-322, the County Board approved 2019 community funding allocations as presented to the Physical Development Committee of the Whole on June 19, 2018, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2019 Department budget; and WHEREAS, the Program responsibilities for the Municipality/Rural Solid Waste Commission (RSWC) include ensuring recycling best practices are followed at public facilities; increasing residential waste, reuse and recycling through materials collection; implementing recycling at large events; providing education and outreach to residents; increasing organics recycling; and supporting County-led efforts for Master Plan implementation; and WHEREAS, the RSWC has an additional responsibility for waste tire activities for residents in rural Dakota County; and WHEREAS, County responsibilities include providing technical assistance, container labels, and waste educational messages and images; maintaining waste management information on the County website; hosting Master Recycler/Composter classes; and providing best practices strategies and resources for waste abatement projects; and Dakota County Contract #C0030872 Page | 1 of 9 Joint Powers Agreement WHEREAS, separate Joint Powers Agreements with municipalities, or entities acting on their behalf, identify municipality and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and Municipality shall derive from this Agreement, the County and Municipality hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2019 Dakota County Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County and the Municipality. SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2019, and shall continue in effect until December 31, 2019, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Master Plan identifies performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program purpose includes: ensure that residents, businesses and public entities have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives. The Community Funding Program supports the County’s efforts for broad- based education and implementation of local programs and projects for waste reduction, reuse, recycling, household hazardous waste management, and organics diversion. 5.2 ELIGIBILITY. Eligible municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships and six small cities in rural Dakota County. 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, Municipality shall submit an Application Packet that includes the annual W ork Plan and budget breakdown for each funding activity to the County by the due date specified in writing on forms provided by County staff. 5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and Exhibit 1. Dakota County Contract #C0030872 Page | 2 of 9 Joint Powers Agreement [For RSWC only 5.41 COMPLIANCE WITH LAWS/STANDARDS. If a waste tire collection event is conducted, the RSWC shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations, including management of the waste tires collected.] 5.5 RECYCLING. Municipality must ensure the opportunity to recycle exists for all municipal employees, residents and businesses, including at Municipality-controlled public areas such as parks, community centers, and city-sponsored events/festivals; must develop and implement programs to increase residential recycling and organics diversion; and must continue planning to implement community-wide organics diversion. 5.6 PRIORITY ISSUE. County staff, with input from all eligible municipalities, will develop a Priority Issue strategy to accomplish during the multi-year Master Plan reporting cycle. The 2017-2020 Priority Issue is organics diversion. The 2019 Priority Issue focus is on residential food waste prevention education, implementing organics diversion within municipally-owned/operated buildings, and continued progression for organics best practices and diversion at public facilities and events. The Priority Issue is subject to change pending legislation or County strategic planning. 5.7 PERFORMANCE. Municipality shall report its performance on a quarterly basis pursuant to responsibilities set forth in this Agreement and Exhibit 1, using reporting tools provided by County staff and including documentation such as vendor invoices or receipts, expense reports produced using municipal accounting software, or itemized financial statements for the dedicated bank account for all Work Plan expenses covered by Program funding. County staff will notify the Municipality in writing if a Recycling Improvement Plan is needed. Within 30 days of notification, the Municipality shall submit a Recycling Improvement Plan signed by the Municipality’s authorized representative. The Recycling Improvement Plan must be negotiated with County staff and specify Municipality activities and a timeframe to achieve compliance. 5.8 ANNUAL REPORT. By January 31, 2019, Municipality shall submit its Annual Report for the year 2018, on the form prescribed by County staff. The Annual Report must be signed by the authorized representative for this JPA. [For RSWC only: The Annual Report shall include the waste tire management activities and metrics. If a waste tire collection event is conducted, the Annual Report shall identify the location, hauling and disposal costs, and number of tires collected.] 5.9 AUDIT. County staff may audit one or more buildings operated by the Municipality through a waste sort or other means of waste assessment. This data will be used by the Municipality and County to determine the success of the waste management program, which will influence the Work Plan. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Municipalities receive performance-based funding in part from a pass-through grant from the State. Municipal funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2019 allocated funding for the Municipality, or entity acting on its behalf, shall be in the total amount not to exceed $30,263.00, as set forth in Exhibit 1. [For RSWC only: 6.12 WASTE TIRE MANAGEMENT FUNDING. County shall pay the RSWC an amount not to exceed $11,745 for waste tire management in 2019 for rural Dakota County residents.] 6.2 FUNDING PAYMENT. Contingent upon approval by County staff of the Municipality’s Annual Report for the funding year 2018, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2019. Payment will be made in one installment within 30 days of approval of the Annual Report. Municipalities with a complete Application Packet and an approved Annual Report receive 100% payment of allocated funds for eligible expenses. Dakota County Contract #C0030872 Page | 3 of 9 Joint Powers Agreement 6.3 ELIGIBLE EXPENSES. Municipality may use allocated funds only on eligible items as identified in Exhibit 1 and includes: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, promoting, and reporting of eligible activities described in the Work Plan. b) Attending Local Solid Waste Staff meetings [for RSWC only: and attending Rural Solid Waste Commission meetings]. c) Memberships and training necessary for eligible activities, not including out-of-state travel or lodging. 6.3.2 Municipal Facility Recycling a) Containers necessary to implement best practices at Municipality-controlled administrative buildings and public areas, including parks and community centers. b) Waste abatement education materials for municipal employees and visitors, such as signs, trainings and mass communication. 6.3.3 Waste Abatement Activities [for RSWC only: and Waste Tire Management] a) Advertising to promote city-sponsored activities to accept recyclable or reusable materials from residents. b) Collection and management of paper from residents to be shredded and recycled. c) Collection and management of mattresses, bicycles, and carpet from residents for reuse or recycling. d) Collection, containers, equipment, and hauling services necessary to implement traditional recycling at community events/festivals that the Municipality sponsors or helps to coordinate, or that are held on city property. e) Stipend for an organization or group to provide event recycling assistance. f) Design and implementation of projects and programs to enhance residential, park and public area recycling, including recycling bags for city-supported pickup events and activities. g) [For RSWC only: Hauling and disposal of waste tires collected at a waste tire collection event for rural Dakota County residents.] 6.3.4 Residential Outreach and Education a) Production and dissemination of County-approved education information to increase awareness and participation in waste abatement programs, including postage for stand-alone mailings when content cannot be included in mailed communications that are already being sent to residents by the Municipality [for RSWC only: including for waste tire management]. b) Professional educators who assist in the production and dissemination of information described in 6.3.4.(a). c) County-approved landfill abatement promotional items up to $500. Items must create minimal waste and contribute to waste diversion education. 6.3.5 Priority Issue: Organics Diversion a) Production and dissemination of County-developed and approved education information to increase awareness and participation in residential organics programs, including postage for stand-alone mailings. b) Collection, containers, equipment, hauling services, and compostable bags and products necessary to implement organics diversion at community events/festivals that the Municipality sponsors or helps to coordinate, or that are held on Municipality property. c) Containers and start-up supply of compostable bags necessary to implement organics diversion at Municipality facilities. Dakota County Contract #C0030872 Page | 4 of 9 Joint Powers Agreement 6.3.6 Solid Waste Master Plan a) Supporting County-led efforts to implement the Master Plan. b) Implementing one or more city priority projects to support Master Plan priorities as identified in the Work Plan. 6.3.7 Non-eligible expenses include: a) Expenses related to non-waste abatement waste issues (e.g., energy, water). b) Except for 6.3.3d and 6.3.5b, waste collection, transportation or management (i.e., reuse, recycle, resource recovery, land disposal) of waste under the Municipality’s control. c) Food or refreshments, unless approved by County staff as compliant with Dakota County Policy 2740. d) Payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics). [For RSWC only: Except for 6.3.3g, payment for collection and management of items that are banned from the landfill (e.g. appliances, hazardous waste, electronics, yard waste).] 6.3.8 Other Expenses a) Other waste abatement expenses may be eligible with prior written approval from the County Liaison. 6.4 FUNDING PAYMENT AND WORK PLAN ADJUSTMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application Packet, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with the Agreement and Exhibit 1. The Municipality must expend the community fund by the end of the calendar year, unless prior written approval is received from the Director. Municipality must return unspent funds (the difference between the amount of funds provided and the amount Municipality reports as expended), must return funds if expenditures or activities are determined by County staff as not consistent with this Agreement and Exhibit 1, and must return funds if County staff determines performance has not been remedied as identified in the Recycling Improvement Plan pursuant to Section 5.7. If the Municipality fails to fulfill its responsibilities, the County may choose to implement activities in the Municipality and may recover costs in accordance with Dakota County Solid Waste Ordinance 110. The Director shall have the authority to approve modifications to the Work Plan as requested by the Municipality, as long as the Work Plan modifications do not cause the amount payable under this Agreement to exceed the amount approved by the Dakota County Board of Commissioners and are consistent with this Agreement and Exhibit 1. Only Work Plan modifications approved by the Director are an eligible expense. 6.5 FUNDING PAYMENT DEDICATED ACCOUNT. Municipality must deposit and manage funds in a dedicated bank account. Program funds are prohibited from being commingled with any other funds or used for non-approved activities. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 THE MUNICIPALITY. The Municipality shall: a. Fulfill responsibilities under this Agreement and as described in Exhibit 1. b. Designate a Municipality Liaison responsible for Program planning, implementation, measurement, and reporting. c. Ensure Liaison attends at least four out of the six Liaison/County staff meetings each year. d. Ensure newly-assigned Liaisons attend the Dakota County Master Recycler/Composter class. If not feasible, coordinate with the County to substitute reading materials and tours in place of the class. e. Develop and submit an Annual Application Packet, Quarterly Reports, and Annual Report on forms created by County staff. Dakota County Contract #C0030872 Page | 5 of 9 Joint Powers Agreement f. Use County-developed resources for required residential waste abatement education; submit waste abatement outreach materials to County staff at least three business days before publication for review; and provide funding source credit on all print materials: “Partially funded by the Minnesota Pollution Control Agency and Dakota County." 7.2 THE COUNTY. The County, through its Environmental Resources Department, shall: a. Fulfill the following responsibilities under this Agreement: b. Administration: i. Manage allocation and recovery of allocated funds. ii. Develop and provide annual templates for the Application Packet and Quarterly/Annual Report for the Municipality. iii. Host six Liaison/County staff meetings each year. iv. Provide technical assistance for the Municipality to apply, plan for, measure, and report on work efforts. v. Monitor and manage performance and compliance with this Agreement and Exhibit 1. c. Education and Outreach i. Provide County staff-developed resources, including articles, images, social media posts, and education kits for solid waste and household hazardous waste management. ii. Provide color-coded trash, recycling, and organics labels. iii. Review and approve Municipality waste abatement outreach materials. iv. Develop and maintain solid and household hazardous waste information on the County website. v. Offer at least one Master Recycling Composter session each year. d. Projects and Programs i. Develop and provide best practices for solid waste management. ii. Provide effective strategies, resources, and support for Municipality to implement waste abatement programs. iii. As determined by County staff, provide a reasonable supply of reusable and portable receptacles for Municipality to store and use for waste collection at events. iv. Provide low- and no-waste guides and best practices tools for event/festival organizers and vendors. SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. 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 by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the Municipality. 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. Dakota County Contract #C0030872 Page | 6 of 9 Joint Powers Agreement SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Matt Smith, or successor, County Manager County of Dakota 1590 Highway 55 Hastings, MN 55033 TO THE MUNICIPALITY Bill Droste, Mayor (or successor) 2875 145th Street, W Rosemount, MN 55068 In addition, notification to the County regarding termination under Section 11 of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Gena Gerard Telephone: (952) 891-7021 Email: gena.gerard@co.dakota.mn.us Municipality Liaison: Name: Tim Schuster Telephone: (651) 322-6005 Email: Tom.schuster@ci.rosemount.mn.us SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of this Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Dakota County Contract #C0030872 Page | 7 of 9 Joint Powers Agreement 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. Dakota County Contract #C0030872 Page | 8 of 9 Joint Powers Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY _________________________________ Matt Smith, County Manager Date of Signature: __________________ CITY OF __________________________ _________________________________ Bill Droste, Mayor Date of Signature: __________________ APPROVED AS TO FORM: /s/Margaret M. Horsch 10/23/18 Assistant County Attorney/Date Attest ________________________________ KS-18-243-004 _____________________________________(title) Date of Signature: ______________________ County Board Res. No. 18-322 Dakota County Contract #C0030872 Page | 9 of 9 Joint Powers Agreement N:\PD-Admin\Contracts\Current Yearly\SJG\City of Rosemount - Exhibit 1 - #C0030872.docx Dakota County, Physical Development Division Environmental Resources Department Information: Gena Gerard, 952-891-7021 gena.gerard@co.dakota.mn.us JPA processing: Sara Glasby 952-891-7963 sara.glasby@co.dakota.mn.us 2019 Dakota County Community Funding Application Packet Municipality: City of Rosemount, MN Application and JPA Submittal Date: (Insert Date) Funding Period: January 1, 2019 - December 31, 2019 2019 Annual Report Due Date: January 31, 2020 Submit completed Application by email to gena.gerard@co.dakota.mn.us or by mail to: Gena Gerard Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Municipality Primary Contact Designated Liaison: Tom Schuster Title: Parks Supervisor E-mail:Tom.schuster@ci.rosemount.mn.us Phone: 651 322-6005 Mailing Address: 13885 South Robert Trail. City/State/Zip: Rosemount, MN 55068 Municipality Secondary Contact Designated Back-up: Dan Schultz Title: Park Director E-mail: Dan.schultz@ci.rosemount.mn.us Phone: 651 322-6012 Municipality Communications Contact Name: Alan Cox Title: Communications Coordinator E-mail: Alan.cox@ci.rosemount.mn.us Phone: 651 322-2078 Dakota County Contract #C0030872 Exhibit 1 - Page 1 of 16 The following documents and information are required as part of the Joint Powers Agreement for Community Funding: 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body (e.g., City Council or Commission) submitting the Application Packet, or a certified copy of the official proceedings of the governing body approving the Application Packet. 2. Work Plan Complete and submit the attached 2019 Dakota County Community Funding Work Plan. 3. Budget Complete the Work Plan budget to itemize the following fund request: 4. Compliance with Public Entity Laws Check “Yes” or “No” to indicate compliance, and attach requested documentation for the following: *Identify the timeline and steps being taken to obtain compliance: I, the undersigned, certify that this 2019 Community Funding Application was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2019 Annual Report demonstrating compliance with this application will be submitted to Dakota County by January 31, 2020. Tom Schuster Tom Schuster Name of person completing document Signature (electronic signature acceptable) Parks Supervisor October 22, 2018 Title Date Fund Request County Fund Eligibility Work Plan Activities $ $30,263 Waste Tire Activities (RSWC Only) $ NA TOTAL $ $30,263 $30,263 Yes No* MN Stat. §115A.552 (community recycling programs in place) √ MN Stat. §115A.552 (residents/businesses have the opportunity to recycle) NOTE: Municipal code language must be attached if updated in previous calendar year. √ MN Stat. §115A.151 (internal recycling programs for facilities under the municipality’s control). NOTE: Copy of hauler contract must be attached if updated in previous calendar year. √ MN Stat. §473.848 and §115A.471 (management of solid waste collected under contract from municipal operations) √ MN Administrative Rules 1303.1500 (recycling space requirements in new or remodeled buildings of 1,000 square feet or more). √ Dakota County Contract #C0030872 Exhibit 1 - Page 2 of 16 2019 Dakota County Community Funding Work Plan Municipality Size Definition Small (S) Municipalities with fewer than 4,000 households Medium (M) Municipalities with 4,000-10,000 households Large (L) Municipalities with more than 10,000 households RSWC (R) Municipalities comprising the Rural Solid Waste Commission Minimum work plan requirements for different sized municipalities are identified within each activity below. I. Administration: Meeting Attendance, Training, and Reporting GOAL: Fulfill responsibilities necessary for effective program administration. Task Activities County Funds Requested Report Expended (YTD) 1 Attend at least four of the six Local Solid Waste Staff meetings per year. NOTE: Rural Solid Waste Commission adds Commission Board meetings. (S, M, L, R). PLAN: [identify planned meeting date attendance] City staff will attend at least four of the LSWS meetings. REPORT: [report results, report results – list meetings attended] $100 2 Attend waste abatement training such as Dakota County Master Recycler/Composter class and other training to support Work Plan activities (S, M, L). PLAN: [identify planned training] Tom Schuster has been Rosemount’s designated Liaison for many years and we do not anticipate designating a new liaison during 2019. However, if that should happen, the newly designated liaison will attend and complete the next available Master Recycler/Composter class. Tom will attend at least one training opportunity that will support Work Plan Activities. REPORT: [report results – list training attended] $200 3 Submit quarterly updates using reporting tools provided by the County with documentation for Work Plan expenses covered by Program funding within 15 days of the end of the three-month period (S, M, L, R). Dakota County Contract #C0030872 Exhibit 1 - Page 3 of 16 PLAN: [identify submittal dates] Rosemount will submit Quarterly reports using this form at the end of each three month period, and will include any invoices for material collection, supplies, and training with those reports. REPORT: [report results – enter date(s) submitted] [Additional Notes:] II. Municipal Facility Recycling A. Internal Recycling Implementation GOAL: Demonstrate compliance with MN Stat §115A.151 to ensure recycling programs for facilities under the municipality’s control collect at least three recyclable materials and meet best management practices. Task Activities County Funds Requested Report Expended (YTD) 1 Follow up on infrastructure changes by providing targeted education to employees and visitors in municipality-controlled administrative buildings included in the 2017 waste sort (S, M, L, R). PLAN: [identify location(s) and plan] The 2017 waste sort was conducted at our City Hall/Police Headquarters. One of the recommendations that were the result of the Waste Sort was to “Set up an area for staff to exchange reusable items and educate staff about this area“. We will research the topic of an exchange area and inquire with County staff and other municipalities to see how this works in their jurisdiction. If this seems feasible, we will propose to the Department Heads at the City Hall/ Police Headquarters that an area be set up for the exchange of reusable items and educate staff about this opportunity. We will review container placement, posters, and signage and use emails and training sessions (when appropriate) as part of our targeted education. REPORT: [report results, describe activities, locations, dates, and estimated number of people served] $500 2 Conduct at least one visual waste assessment or a waste sort at the $1,000 Dakota County Contract #C0030872 Exhibit 1 - Page 4 of 16 municipal facility studied in 2017 waste sort, to estimate weights and diversion rates after targeted education has concluded (S, M, L, R). PLAN: [identify location(s) and plan] The 2017 waste sort was conducted at our City Hall/Police Headquarters. Rosemount did a visual waste assessment at this and all other municipal buildings for one quarter of 2018. We will once again do a visual waste assessment for one quarter of 2109. We also propose to perform an actual waste sort at our City Hall/Police Headquarters as described in the Municipal Buildings BMPs again in 2019. REPORT: [report results – attach completed Visual Waste Assessment Form and Measurement Calculations Table with weights and diversion weights, or results of waste sort] 3 a. Visually inspect and verify waste management at all municipality-controlled facilities and parks in keeping with Dakota County’s Best Management Practices Checklist using the Municipal Recycling Tracking Tool, at least once annually (S, M, L, R) and b. Add containers as needed PLAN: [identify plan] Rosemount will continue to inspect and monitor waste management at all municipality controlled facilities and parks, in keeping with Dakota County’s Best Management Practices Checklist and will use the Municipal Recycling tracking tool at least once. We will inspect all recycling containers in public spaces to ensure they are the proper color, have the proper lids, and are properly labeled to encourage recycling and placed adjacent to trash receptacles, and will use funding to add containers and signage as needed. REPORT: [report results – (a) walk through once and enter data into the Municipal Recycling Tracking Tool, referring to the Dakota County Universal Best Management Practices Checklist for specific BMPs and (b) describe purchases, locations, purpose ] $1,500 [Additional Notes:] B. Internal Waste Reduction and Recycling Education GOAL: Promote recycling to help reach recycling rate goal of 75% for metropolitan counties (MN Stat. §115A.551). Dakota County Contract #C0030872 Exhibit 1 - Page 5 of 16 Task Activities County Funds Requested Report Expended (YTD) 1 Educate all municipal employees about how to reduce waste and recycle when at work, through workshops, email communications, and/or other education methods, using County toolkit (S, M, L, R). PLAN: [identify education plan] As recommended in the 2017 Waste Sort, we will use emails (at least 2 times per year) to educate staff on mixed paper recycling, plastic bottles/containers, glass and can recycling. We will inspect all recycling containers in public spaces to ensure they are the proper color, have the proper lids, and are properly labeled to encourage recycling and placed adjacent to trash receptacles. REPORT: [report results – describe activities, locations, dates, and estimated number of people served] $500 [Additional Notes:] III. Waste Abatement Activities A. Materials Collection Events and Activities GOAL: Increase residential waste reuse and recycling through events and activities to collect reusable and/or recyclable materials, in keeping with the statutory 75% recycling goal for metropolitan counties (MN Stat. §115A.551) and the waste management hierarchy. Task Activities County Funds Requested Report Expended (YTD) 1 Provide at least two municipality-wide events or opportunities for residential paper to be shredded and recycled as an addition to an existing event or as a stand-alone opportunity (M, L). PLAN: [explain plan] Rosemount will conduct one shredding event in conjunction with our Spring Clean-up and will use our City Website and newsletters to promote other paper shredding opportunities happening throughout the county at other times. We will explore partnerships with surrounding communities of Hastings, Farmington, Apple Valley, and Eagan to provide a second collection event. REPORT: [report results – describe activities, locations, dates, $1,000 Dakota County Contract #C0030872 Exhibit 1 - Page 6 of 16 estimated number of people served, and weights provided by vendor] 2 a. Provide at least one mattress collection event or opportunity to residents for recycling as an addition to an existing event or as a stand-alone opportunity (e.g., cleanup day, roll-off, curbside collection etc.), and b. Ensure that any mattresses, bicycles, and carpet in a municipality-coordinated collection are delivered for reuse or recycling, with preference given to reuse (M, L – Medium cities encouraged to pool funds with adjacent medium cities; small cities optional to add on to medium or large city collection events). PLAN: [explain plan] Rosemount will hold both a Spring and a Fall Clean-up where mattresses, carpeting, and bicycles are collected and taken to recycling facilities. As we promote these events, we encourage residents with still usable furnishing to consider reuse options like Bridging or Habitat for Humanity rather than bringing their items to our Clean-up event. We have been working with Recycle/More than a Bicycle to rehabilitate and redistribute bicycles to disadvantaged people in this area and other parts of the world. We plan to continue these clean up events in 2019. REPORT: [report results – describe activities, locations, dates, estimated number of people served, number and type of materials collected (specify reuse or recycled), and weights provided by vendor] $2,500 3 Promote reuse events, resources and/or opportunities currently available to municipal residents, using list created in 2018 (S, M, L). PLAN: [explain plan] Rosemount will continue to research reuse opportunities and update a list of those opportunities and resources and use our website to promote those. We will also use the website to provide more information about reuse/rehabilitation events including the Rosemount City-Wide Garage Sale, the Rosemount High School Garage Sale, Fix-It clinics, and charitable organizations such as habitat for Humanity and Bridging. REPORT: [report results – describe promotion efforts] 4 Rural Solid Waste Commission only: Conduct waste tire management activities such as a tire collection event for rural Dakota County residents. (R) PLAN: [explain plan] NA REPORT: [report results – describe activities, locations, and dates, estimated number of people served, and number and weights provided by vendor] Dakota County Contract #C0030872 Exhibit 1 - Page 7 of 16 [Additional Notes:] B. Community Events and Festival Recycling GOAL: Ensure that the opportunity to recycle exists for residents and begin efforts to institutionalize recycling at community events and festivals. Task Activities County Funds Requested Report Expended (YTD) 1 Work with event coordinators to implement recycling collection with best management practices at all events/festivals that the municipality sponsors or helps to coordinate, or that are held on city property, using Dakota County’s Recycling Best Management Practices Guide for Public Events (S, M, L, R). PLAN: [identify events/festivals and explain plan] For many years , we have used Dakota County’s Best Management Practices to collect recycling at The Run for the Gold, the Leprechaun Days Parade, and Mid-Summer Faire, the carnival /music component of Leprechaun Days. In 2019 we will expand our efforts to include a variety of new events such as the Home and Business Expo, the Food Truck Festival, and other events that satisfy the Decision Tree for Recycling at Public Events. REPORT: [report results – submit completed Dakota County Universal Best Management Practices Checklist and attach completed Event Summary Form for each event ] $1,000 2 Implement at least one additional mechanism to require recycling with best management practices at events/festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement) (S, M, L, R). PLAN: [explain plan] Rosemount will propose the model language provided by Dakota County per the study done by Foth in 2017 to decision makers at the city and ask that it be included in our LARGE GATHERING/SPECIAL EVENT PERMIT APPLICATION. REPORT: [report results – identify selected mechanism, describe progress, and attach new or revised mechanism when completed] 3 Support County efforts to plan and prepare for future city ordinance amendment(s) pertaining to recycling at events/festivals (S, M, L, R). Dakota County Contract #C0030872 Exhibit 1 - Page 8 of 16 PLAN: [explain plan] Rosemount will look into working with Dakota County to update ordinance language concerning the requirement to recycle in our LARGE GATHERING/SPECIAL EVENT PERMIT APPLICATION REPORT: [report results – describe activities] [Additional Notes:] IV. Residential Outreach and Education A. Website Content and Resident Communications GOAL: Provide education and outreach to all current and new residents of single family and multiunit dwellings about recycling, and household hazardous waste, and ensure that local waste collection information, recycling information, and waste abatement messaging is consistent throughout the County, in keeping with MN Stat. §115A.552. Task Activities County Funds Requested Report Expended (YTD) 1 a. Verify that solid waste collection requirements within the municipality are available to residents on the municipal website, and b. Verify that direct links to the Dakota County website or the online Green Guide directory are provided for residents to have access to both solid and hazardous waste management information (S, M, L, R). PLAN: [explain plan] Rosemount will verify that waste collection requirements are found in the Rosemount City Code and the City Code can be found on the Rosemount Website. The website also has a drop down menu that contains information on Composting, Electronic Recycling, Hazardous Waste, Prescription Drug Disposal, Recycling Tips, and a list of haulers licensed to collect in Rosemount. The city will verify that all of these articles provide a link to the Dakota County website, where applicable. REPORT: [report results – verify and state compliance with (a) and (b)]] $100 2 Serve as a resource to the general public by fielding and responding to waste abatement-related inquiries. (S, M, L, R). PLAN: [explain plan] Staff is available year-round to address residents questions and inquiries. REPORT: [report results – estimated number of inquiries (calls or $100 Dakota County Contract #C0030872 Exhibit 1 - Page 9 of 16 emails) per month] 3 Provide education to all existing and new residents through the following: a. Insert at least one article about residential recycling from County toolkit into a mailed municipal newsletter (S, M, L, R), and b. Insert at least one article about waste reduction from County toolkit into a mailed municipal newsletter (S, M, L, R), and c. If available, use electronic media (e.g., Facebook, Twitter, E- News) to send timely waste management messages to residents on both topics (M, L). PLAN: [explain plan] An article about Residential Recycling and an article about waste reduction will be run in the Rosemount Parks and Recreation Activities newsletter which is delivered to approximately 9600 households. While the City Liaison is not experienced with electronic media, he will work with the City’s Communication Coordinator to send timely waste management messages to residents. All articles will include credit for the funding source as listed above. REPORT: [report results – describe activities for (a), (b), and (c), including dates, topics, and number of people served; attach copies of articles] $900 4 Provide direct outreach to residents about waste reduction/reuse and recycling through the following using County toolkits (M-1, L-2): a. Staff a booth or conduct a presentation at a large community gathering (e.g., school assembly, Pollution Prevention Day, Farmer’s Market), and/or b. Coordinate a large event (e.g., Earth Day or America Recycles Day Celebration) PLAN: [explain plan] Rosemount will have a booth featuring information about waste reduction/reuse and recycling at one of the following events: Our Home and Business Expo, our annual Arbor Day Celebration in May, Midsummer Faire at Leprechaun Days in July, or at least once at the Farmers Market held each Tuesday during the summer. The booth will be staffed by City staff, members of Rosemount’s Environmental Taskforce, local Master Recyclers, or County Staff if they are available. REPORT: [report results – describe activities for (a) and (b) including dates, locations, topics, and estimated number of people served] $900 5 Support County-led efforts to develop a multiunit recycling program (e.g., connect County staff to known property managers or known multi-unit education opportunities) (S, M, L). PLAN: [explain plan] On an as-needed basis, Rosemount will provide Dakota County Contract #C0030872 Exhibit 1 - Page 10 of 16 information and help identify resources for the development of a Dakota County education and outreach effort serving multiunit residents, such as connecting County staff to known property managers or multiunit education opportunities. REPORT: [report results – describe activities] 6 Rural Solid Waste Commission only: Provide education and outreach to rural Dakota County residents about waste tire management activities (R). PLAN: [explain plan] NA REPORT: [report results – describe activities, including dates, topics, and estimated number of people served] [Additional Notes:] V. Priority Issue: Organics Diversion A. Municipality-Wide Organics Diversion GOAL: Implement and continue planning for community-wide organics diversion, increase awareness of organics recycling for residents, increase the organics recycling rate, and decrease the amount of food thrown away in households, in keeping with the statutory 75% recycling goal for metropolitan counties (MN Stat. §115A.551) and the waste management hierarchy. Task Activities County Funds Requested Report Expended (YTD) 1 Provide direct outreach to residents about food waste prevention opportunities through the following using County toolkits (M-1, L-2): a. Staff a booth, or conduct a presentation at a large community gathering (e.g., school assembly, Pollution Prevention Day, Farmer’s Market), separate from IV.A.4 above, and/or b. Coordinate a large event (e.g., Food Too Good To Waste Challenge) PLAN: [explain plan] Rosemount will have a booth featuring information about Food Waste Prevention at one of the following events: Our Home and Business Expo, our annual Arbor Day Celebration in May, Midsummer Faire at Leprechaun Days in July, or at least once at the Farmers Market held each Tuesday during the summer. The booth will be staffed by City staff, members of Rosemount’s Environmental Taskforce, local Master Recyclers, or County Staff if they are available. Rosemount will continue to advertise and promote the organic drop $100 Dakota County Contract #C0030872 Exhibit 1 - Page 11 of 16 off facility in Lebanon Hills Regional Park and will consider the establishment of a similar facility within Rosemount. REPORT: [report results – describe activities for (a) and (b) including dates, locations, topics, and estimated number of people served] 2 Coordinate internally to implement organics diversion in the additional municipality-owned/operated building identified by the 2018 Work Plan (M, L). PLAN: [explain plan and timing] NA Since organics did not quite make up 30% of the trash during the 2017 waste sort, We were not required to implement organics diversion in our City Hall/Police Headquarters in 2018. The recommendation for that site was to only consider adding organic collection there. We will use 2019 to consider this and explore the feasibility of collecting organics at this facility. That being said, we will continue to look for opportunities to introduce some level of organic diversion from our City Hall/ Police Headquarters. Perhaps the greatest opportunity will be at one of the Caterer’s Kitchens the city operates, either the Banquet Room of the Rosemount Community Center or at the Steeple Center. REPORT: [report results – describe activities and purchases] $100 3 Identify at least one additional municipality-owned facility with a large amount of organic waste to be targeted for organics diversion planning and implementation in 2020. (M, L). PLAN: [describe plan to identify facility] Rosemount will review operations in all of its other buildings and Identify at least one facility with a large amount of organic-waste that could be targeted for organics diversion planning and implementation in 2020. As stated above, the greatest opportunity may be at one of the Caterer’s Kitchens the city operates, either the Banquet Room of the Rosemount Community Center or at the Steeple Center. Implementation would depend on further research with our trash hauler, caterers and facility staff; by conducting waste composition studies, and only if there is available funding. Funds would be used for waste composition studies REPORT: [report results – describe progress; identify facility] $100 4 Work with event coordinators to implement organics collection with best management practices, as feasible, at events/festivals that the municipality sponsors or helps to coordinate, or that are held on city $100 Dakota County Contract #C0030872 Exhibit 1 - Page 12 of 16 property, using Dakota County’s Recycling Best Management Practices Guide for Public Events (S, M, L, R). PLAN: [explain plan] Rosemount will encourage organics collection best management practices at large events/festivals within the municipality using Dakota County’s Best Management Practices for Events Checklist. For many years we have collected Organics at Leprechaun Days and we will look for opportunities to expand these efforts. We will explore working with all of the vendors at our new Food Truck Festival, encouraging them to use compostable serving items, and look for ways to be more efficient in our organic collection efforts. REPORT: [report results – submit completed Dakota County Universal Best Management Practices Checklist and attach completed Event Summary Form for each event] 5 Collaborate with Dakota County to provide food waste prevention resources to residents through the following: a. Insert at least one article about food waste prevention into a mailed municipal newsletter to residents (S, M, L, R), and b. Provide direct links from the municipality website to the Dakota County website for food waste prevention (S, M, L, R), and c. If available, use electronic media (e.g., Facebook, Twitter, E- News) to send timely food waste prevention messages to residents (M, L). PLAN: [explain plan] Rosemount will provide food waste prevention resources to residents through at least one article about food waste prevention in our newsletter sent to approximately 6900 households and by providing direct links from the Rosemount website to the Dakota County website for food waste prevention. While the City Liaison is not experienced with electronic media, he will work with the City’s Communication Coordinator to send timely food waste prevention messages to residents We will promote the food waste drop off site in Lebanon Hills Regional Park. REPORT: [report results – describe activities for (a), (b), and (c), including dates, topics, and estimated number of people served; attach copies of articles] $500 [Additional Notes:] Dakota County Contract #C0030872 Exhibit 1 - Page 13 of 16 VI. Solid Waste Master Plan Support and Implementation A. Master Plan/Policy Plan Activities GOAL: Effective planning and implementation for municipality alignment with Dakota County Solid Waste Master Plan goals and strategies. Task Activities County Funds Requested Report Expended (YTD) 1 Identify municipal involvement and impacts created by County-led efforts to amend County ordinances identified by the new Master Plan. Amendments being considered include: weekly recycling collection, recycling at events/festivals, multi-unit recycling, or increased volume-based pricing. (S, M, L, R). PLAN: [explain plan] Rosemount will assist County ordinance amendment planning activities related to Solid Waste Master Plan priorities, upon request, and engage appropriate city staff and/or city council members as needed. Funds will be used for meeting attendance, additional training, signage, and/or promotional items. REPORT: [report results – describe activities] $50 2 Engage city staff and stakeholders to support other County-led efforts for Master Plan implementation, for example to identify municipal barriers and opportunities for phased approaches to implement the Master Plan (S, M, L, R). PLAN: [explain plan] Rosemount will assist County-led efforts to implement Solid Waste Master Plan strategies by providing information, attending meetings, and engaging city staff and city council members as needed to identify municipal barriers and opportunities, and to address other implementation needs through collaboration. Funds will be used for additional signage or containers. REPORT: [report results – describe activities] $50 3 Implement at least one city priority project for landfill abatement that promotes Master Plan objectives (S, M, L, R). PLAN: [explain project plan(s), diversion potential, budget and timing; attach itemized project budget to application.] Rosemount will identify and implement at least one priority project for landfill abatement that promotes the Master Plan objectives, either initiating a pumpkin collection after Halloween or initiating a shoe $400 Dakota County Contract #C0030872 Exhibit 1 - Page 14 of 16 recycling program. Based on results from neighboring cities, we expect that we may recover/divert 20 cubic yards of pumpkins from the waste stream. REPORT: [report results – describe activities] [Additional Notes:] Dakota County Contract #C0030872 Exhibit 1 - Page 15 of 16 VII. Budget Complete the budget and expense form below for the Application and Final Report. Municipality contributions are not required but help to further the aims of the program. Total # hours estimated for municipality to coordinate this program Planned full-time equivalent (FTE) for municipality to coordinate this program Actual full-time equivalent (FTE) for municipality to coordinate this program 600 .30 Budget Item/Expense County Funds: Requested 2019 County Funds: Report Expended 2019 (YTD) Municipality Funds: Contributed/ Anticipated 2019 Municipality Funds: Report Expended 2019 (YTD) Total Program Expense County + Municipality: Planned 2019 Total Program Expense: County + Municipality: Report Expended 2019 (YTD) Salary and Benefits $18,563 $12,687 $31,250 I. Meeting attendance, training and reporting $300 $300 II. Municipal Facility Recycling $3,500 $3,500 III. Waste Abatement Activities $4,500 $4,500 IV. Residential Outreach/Education $2,000 $2,000 V. Organics Diversion $900 $900 VI. Master Plan Support and Implementation $500 $500 Total $30,263 $42,950 Dakota County Contract #C0030872 Exhibit 1 - Page 16 of 16