Winooski River Basin Water Quality Council Meeting Highlights

Winooski River Basin Water Quality Council Meeting July 21, 2022

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Agenda 1:00 1:05 1:10 1:15 Call to order & Roll call Updates to agenda Public Comment Review & approve minutes from July 21, 2022 meeting (action item) Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) Discuss draft Bylaws & vote to adopt (action item) Discuss draft Public Participation Policy & vote to recommend (action item) Procurement & Subgrant policy review (information) Project co-benefits (information) Agenda items for next meeting (September 15, 2022) Adjourn 1:25 1:35 1:55 2:15 2:35 2:55 3:00

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Recognition of Alternate Representative From the Rule 39-503. Meetings and Actions The BWQC appointing entities within 10 V.S.A. 924(g) may designate one or more alternate statutory member(s) who may act in place of or replace their appointed member in the event of absence or disqualification of that appointed member. Alternate members shall be established at the first meeting of a BWQC and may be changed with reasonable prior written notice to the BWQC and CWSP. Friends of the Mad River Member: Corrie Miller (Executive Director) Alternate 1: Brian Shupe (Board Member) Alternate 2: Ira Shadis (Stewardship Manager) Action: Motion to recognize Ira Shadis as an alternate representative to the Winooski BWQC for the seat currently held by the Friends of the Mad River.

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Bylaws Discussion UPDATED: Moved the definition of Appointing Entity to Article I (see page 1) NEW: Signature block added to the end of the Bylaws (see page 7) Action: Motion to adopt the Bylaws as drafted / as amended

Agenda 1:00 1:05 1:10 1:15 1:25 Call to order & Roll call Updates to agenda Public Comment Review & approve minutes from July 21, 2022 meeting (action item) Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) Discuss draft Bylaws & vote to adopt (action item) Discuss draft Public Participation Policy & vote to recommend (action item) Procurement & Subgrant policy review (information) Project co-benefits (information) Agenda items for next meeting (September 15, 2022) Adjourn 1:35 1:55 2:15 2:35 2:55 3:00

Public Participation Policy Discussion PRACTICES (continue discussion from last meeting) include a public comment period on the agenda of every meeting; and allow members of the public to comment on specific project proposals prior to member deliberation, ranking and prioritization of potential projects. ADOPTION NEW: Recommendation for adoption by the CVRPC Executive Committee Action: Motion to recommend the Winooski CWSP Public Participation Policy for adoption by the CVRPC Executive Committee (their next meeting is scheduled for 6 September 2022)

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Procurement & Sub-grant Policy From the Rule 39-303. Subgrants and Subcontracts The CWSP shall timely adopt guidance for subgrants that establishes a policy for how the CWSP will issue subgrants to other organizations in the basin The following responsibilities and activities shall not be subgranted, subcontracted, or otherwise delegated by a CWSP: Financial management and oversight of CWSP activities, including procurement decisions, grant and contract signing and oversight, invoice approval, and task order approval; 39-305. Operating Procedures The CWSP Director shall also be the authorized signatory for all CWSP activities, including execution of agreements with the Agency, invoice payment approval, procurement processes, and subcontracts or subgrants.

Procurement & Subgrant Policy From the Rule (continued) 39-306. Fiscal Management Internal Controls. The CWSP shall have an adequate Internal Controls Policy that includes, at a minimum: written procurement procedures that indicate which individuals are authorized to initiate a purchase request, the flow of documents, and the requested levels of approvals for procurement decisions Procurement. The CWSP shall have a procurement policy for procuring goods and services. The policy shall outline the procedures that the CWSP shall follow when subgranting or subcontracting, and when the CWSP implements a clean water project directly. Pre-qualification. Subgrantees and subcontractors may be pre-qualified through a request for qualifications process implemented by the CWSP. The outcome of the request for qualifications shall be valid for up to three years. CWSPs must open the pre-qualification process to new entities at least once per year.

Pre-Qualification Submitted by applicant Name of municipality or organization Date of incorporation & type of organization Water quality grants received from the State of Vermont Water quality grants received from Non-State of Vermont sources Qualifications & experience of key staff Financial & accounting information (wages, overhead, indirect rate, mileage, type of accounting system Diversity, Equity & Inclusion References CWSP review process Issue call at least once per year Pre-qualification for 3 years Responsiveness to RFQ Professional qualifications of key personnel Track-record: successful completion of similar project phases / types Demonstrated partnerships with DBEs + experience incorporating DEI principles

Procurement & Subgrant Policy From the (draft) Guidance Chapter 3 CWSPs shall have discretion to issue and distribute subgrants and subcontracts for clean water projects pursuant to the requirements of this Guidance document and the Clean Water Service Provider Rule, Chapter 39 potential subgrantees and subcontractors will apply directly to the CWSP for grant and contract RFPs authorized by the BWQC CWSP procurements for both subcontracts for services and subgrants (from entities that are NOT pre-qualified by the CWSP) should consider the following general best practices: Prepare written specifications in the form of a Request for Proposal ( RFP ) when soliciting bids. Elements that should be included in the written specification include: Statement of Work to be performed; Programmatic, performance, and financial requirements/measures; Expectations regarding service location, schedule, including deadlines for deliverables and/or milestones, if applicable; Payment provisions for all phases of work to be performed, including maximum award amount (e.g. performance based deliverables and/or hourly rates that apply to all phases of work); Other specific State requirements or conditions; Criteria for selection. The vendors solicited should understand they will be required to sign an agreement that includes provisions of the formula grant that are required to passed onto subcontractors/subgrantees, together with other applicable requirements;

Procurement & Subgrant Policy From the (draft) Guidance Chapter 3 (continued) Where feasible, procurements should be reviewed by at least three members of the CWSP as a best practice. BWQC members may not participate in procurement decision making Pre-qualification of Entities & Sole Sourcing Sole Source subawards are allowed when an entity has been prequalified to provide services pursuant to 39-306(h) and whose clean water project has been selected pursuant to 39-403(e). The only entities who meet these criteria will be providing project management services. pre-qualification is a tool that a CWSP might employ to simplify procurement by retaining a pool of qualified providers that can be solicited as the need arises. Typical categories of services that a CWSP might seek pre-qualified entities for include engineering, project management, and construction, among other examples. A CWSP should document their pre-qualification requirements in their subgrant/ procurement policy, that includes the process, standards and criteria that must be met, in order for an entity to be considered pre-qualified in a given category. This policy should also document what an entity must do to stay pre-qualified. At a minimum, a CWSP shall open up the pre-qualification process to new entities at least once per year.

Procurement & Subgrant Policy From the (draft) Guidance Chapter 3 (continued) Procurement & Conflicts of Interest Basin Water Quality Members that vote to approve (or deny) to advance a project are generally considered conflicted for the purposes of participating in the administration of that project, and, depending on the situation, may not be eligible to bid on any procurement or receive funds as a subcontractor or subgrantee on that project. Should a BWQC member so-conflicted wish to respond to bid on a procurement offering by the CWSP for that project, the conflict created by the prior vote shall be disclosed and a determination of eligibility made by the CWSP. Role of the BWQC in Procurement The State does not view Act 76 as providing the BWQC with the authority to make decisions on the procurement of goods and services necessary to accomplish clean water projects. Therefore, the BWQC should not participate in the review of procurements by the CWSP. BWQC decision-making in procurement exacerbates potential and real conflict of interest issues and should be completely avoided. The CWSP may request input from a BWQC member who is not conflicted (e.g. for a reference, or on a procurement review team) as appropriate. the BWQC process of selecting projects is not the same as procurement, and BWQCs do not procure or pick implementers when picking a project. CWSPs alone are responsible for procurement under the formula grant. The CWSP as the administrator of the formula grant needs to have discretion on how to proceed (i.e. discretion over means/methods) in order to achieve their phosphorus targets in a cost-effective manner, which is their essential responsibility to the State. A CWSP needs this discretion in order to comply with applicable rules and laws (e.g. debarment), which is their charge, as well as to ensure the implementation of cost-effective and technically effective projects

Next Steps Complete draft RFQ Submit to DEC for review Issue RFQ VT Business Registry Direct solicitation (ideas welcome) Review of Qualifications qualify entity (municipality or organization) if score exceeds minimum threshold

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Project Co-benefits Assessing Phosphorus Reduction Co-Benefits of Watershed Restoration Projects, UVM / DEC White Paper Promote awareness of the potential co-benefits of P reduction projects Assist CWSPs & BWQCs with project proposal review using qualitative and quantitative metrics Identifies 24 co-benefits related to: Environmental Justice, Clean Water & Sanitation, Ecosystem Services & Climate Resiliency, Recreation & Community, Education, Economic Growth Act 76 co-benefits definition: Co-benefit means the additional benefit to local governments and the public provided by or associated with a clean water project, including flood resilience, hazard mitigation, education, ecosystem improvement, and local pollution prevention.

Environmental Justice Prioritizes vulnerable areas and engages community members and stakeholders Examples: Prioritize vulnerable communities, involve community stakeholders, honoring traditional ecological knowledge, access to clean water & food, protecting sacred resources & indigenous land To be considered for the Prioritizing Vulnerable Communities co-benefit, the project must directly benefit a community which ranks on the VT Social Vulnerability Index.

Clean Water & Sanitation Directly addresses pollutant reduction (other than P) Examples: Reduction / Treatment of other key pollutants Nitrogen, sediment, road salt, microplastics, heavy metals, pathogens, sewage / wastewater, contaminants of emerging concern For a project to be considered for the reduction / treatment of Other Key Pollutants co-benefit, it must reduce daily loads of any of the below or other pollutants.

Ecosystem Services & Climate Resilience Addresses P reduction project co-benefits related to ecosystem services & climate resilience Examples: Carbon sequestration, flood resiliency & reduction, reduced runoff & erosion, supporting native pollinator species, promoting biodiversity, reducing aquatic invasive species, improving terrestrial & aquatic habitat connectivity, addressing high risk areas due to past environmental degredation In order for a project to be considered for the Reduced Runoff and Erosion co-benefit, the project must contain an area large enough to effectively prevent erosion or runoff and/or target the runoff at the source. Refer to The Vermont Standards and Specifications for erosion Prevention & Sediment Control for exact measurements of effective acreage.

Recreation & Community Addresses ways that outdoor spaces benefit the community through access to recreational activities, increased outdoor spaces or increased tree cover canopy Examples: inclusive accessibility of natural areas, aesthetics & green space (mental health), increasing outdoor recreation opportunities, increasing urban tree canopy For a project to be considered for the Aesthetics & Green Space co-benefit it must increase green space in some way. This could be by planting trees, or increasing other plant life, etc.

Education Includes aspects of public outreach designed to educate community members about P reduction, watershed health & opportunities to involve community members in project development & implementation Examples: watershed education & awareness of environmental problems, trust between communities, scientists & agencies For a project to be considered for the Trust Between Communities, Scientists, and Agencies co-benefit, the public must be involved in gathering data, making decisions about the project, and/or implementing the proposed solutions.

Economic Growth Addresses cost-efficient & sustainable economic growth through workforce development, sustainable energy practice, green stormwater infrastructure or increased property value Examples: job creation & workforce development, promote sustainable energy practices, carbon reduction via green stormwater infrastructure, increased property values For a project to be considered for the Increased Property Values co-benefit, it must directly address cyanobacterial blooms in a residential area.

Draft Scoring Matrix (Basin 5)

Draft Scoring Matrix (Basin 17)

Agenda 1:00 Call to order & Roll call 1:05 Updates to agenda 1:10 Public Comment 1:15 Review & approve minutes from July 21, 2022 meeting (action item) 1:25 Recognition of Alternate Representative (Ira Shadis Friends of the Mad River) (action item) 1:35 Discuss draft Bylaws & vote to adopt (action item) 1:55 Discuss draft Public Participation Policy & vote to recommend (action item) 2:15 Procurement & Subgrant policy review (information) 2:35 Project co-benefits (information) 2:55 Agenda items for next meeting (September 15, 2022) 3:00 Adjourn

Agenda Items for Next Meeting Next meeting is Thursday, September 15, 2022 Updated DEC guidance Chapter 6 CWSP Policy Updates Other ideas Tools Interim P Calculator Tool Plans Winooski Tactical Basin Plan Updates Resources Watershed Projects Database Member / Organization roundtable