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Illfoger A. Jensen <br />ames C. Erickson, Sr. *$ <br />Caroline Bell Beckman <br />Charles R. Bartholdi <br />Mitchell W. Converse <br />Kari L. Quinn* <br />Carol A. Baldwin <br />Mark F. Gaughan <br />James C. Erickson, Jr. <br />Robert C. Bell <br />Willard L. Converse t <br />• <br />• <br />LAW OFFICES OF <br />JENSEN, BELL, CONVERSE & ERICKSON, P.A. <br />VIA E -MAIL ONLY <br />Ms. Stephanie McNamara <br />Administrator — Wetlands <br />Vadnais Lake Area Water <br />Management Organization <br />800 East County Road E <br />Vadnais Heights, MN 55127 <br />1500 Wells Fargo Place <br />30 East Seventh Street <br />St. Paul, MN 55101 <br />RE: Amendment to VLAWMO Joint Powers Agreement <br />Our File: 3518.1 <br />Dear Stephanie: <br />Telephone (651) 223 -4999 <br />Facsimile (651) 223 -4987 <br />* Also Admitted in Wisconsin <br />tOf Counsel <br />$ Certified Civil Trial Specialist <br />I have been asked to draft an amendment to the VLAWMO Joint Powers Agreement establishing <br />a storm sewer utility as recommended by the consultant to the VLAWMO Board. That is found <br />in the amendments to Section VI of the Agreement, attached. <br />I have also been asked to draft an amendment to Section VIII of the Joint Powers Agreement <br />dealing with approval of the budget. It should satisfy BWSR's concern that a single Member can <br />veto the budget. That amendment modifies Section VIII of the Joint Powers Agreement by <br />providing the following: <br />1. Member political subdivisions are given the opportunity to review and make <br />recommendations to the VLAWMO Board regarding the proposed operating and <br />capital improvement budgets for the next year. <br />2. The VLAWMO Board makes a final determination on the operating and capital <br />improvement budgets and the allocation of the costs among Members. <br />3. If a Member objects to its allocation, the decision of the Board may be appealed <br />to final and binding arbitration before a three -party arbitration panel, one <br />appointed by the appealing Member, another appointed by the VLAWMO Board <br />and a neutral third -party arbitrator who will act as Chair, appointed by the Chief <br />Administrative Law Judge of the State or the Chief Judge of the Ramsey County <br />