4.07 4.7
AGREEMENTS\Warren County Soil&Water—Stomiwater Management Officer—RENEW-8-7-2023
RESOLUTION AUTHORIZING EXTENSION/RENEWAL OF AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND
WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT
REGARDING MS4 STORMWATER MANAGEMENT SERVICES
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury is a regulated municipality under the New York State
Department of Environmental Conservation Municipal Separate Storm Sewer System Program(MS4),
which regulations help to protect and improve the quality of public water bodies in more densely
populated areas of the State, specifically focusing on stormwater runoff, and
WHEREAS, by Resolution No.: 191,2011, the Queensbury Town Board authorized an
Agreement between the Town and the Warren County Soil & Water Conservation District (District)
whereby the District assumed the role of Queensbury's Stormwater Management Officer, becoming
the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.:
302,2022 authorized an Agreement extension/renewal through June 30, 2023, and
WHEREAS, by letter proposal dated July 24, 2023, the District has proposed to extend such
Agreement through June 30, 2024, and
WHEREAS, the Town Board wishes to accept such letter proposal and enter into an
Agreement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the July 24, 2023 MS4
Stormwater Management Services letter proposal from the Warren County Soil&Water Conservation
District and authorizes and ratifies the coinciding Agreement for the renewal/extension of MS4
Stormwater Management Services through June 30, 2024 in substantially the form presented at this
meeting and authorizes and directs the Town Supervisor to execute such Agreement and any other
documentation needed to effectuate the letter proposal, and
BE IT FURTHER,
RESOLVED, that payment for such services for an amount of$15,000 for such one year term
shall be paid for from Drainage Misc. Contractual Account No.: 001-8540-4400, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
amend the Town Budget by transferring $15,000 from unappropriated, undesignated Fund Balance to
Drainage Misc. Contractual Account No.: 001-8540-4400, make any adjustments, budget
amendments, transfers or prepare any documentation necessary to effectuate the terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Planning and Zoning and/or Town Budget Officer to take such other and further actions as
may be necessary to effectuate the terms of this Resolution.
Duly adopted this 7t'day of August, 2023,by the following vote:
AYES
NOES
ABSENT :
394 Schroon River Road,Warrensburg, NY, 12885
,, Phone: 518-623-3119
iti n •I
'` Fax:518-824-8765
+ _ iimlewarrenswcd.org
WARREN COUNTY www.warrenswcd.org
S.W.C.D.
July 27, 2023
Supervisor John Strough
Town of Queensbury
742 Bay Road
Queensbury NY 12804
Dear Supervisor Strough
The Town of Queensbury is a regulated municipality under the NYS DEC Municipal Separate
Storm Sewer System (MS4) program. The purpose of these regulations is to help protect and
improve the quality of public waterbodies in more densely populated areas of the state,
specifically focusing on stormwater runoff. These regulations outline a large number of tasks
(formatted as six "minimum measures")which the municipality must undertake to be in
compliance with these mandates.
The six minimum measures which the Town of Queensbury must undertake consist of the
following:
MM1: Public education and outreach
MM2: Public involvement and participation
MM3: Illicit discharge detection and elimination
MM4: Construction site runoff control
MMS: Post construction stormwater management
MM6: Pollution prevention and good housekeeping for municipal operations
Currently the Warren County SWCD assists the town with the compliance of the town's MS4
program in an agreement approved by the Town Board. From my understanding(since 2017), the
NYSDEC is in the final review for updating and releasing a new MS4 permit. There will be
changes to the operation of the program and subsequently to the Town's stormwater plan.
The existing agreement between the SWCD and the Town expired on June 30, 2023. The SWCD
proposes that the Town and the SWCD extend the existing agreement until June 30, 2024. At
this time the District seeks a proposed increase to the annual amount from$12,000 to $15,000
until such time that the"new permit"is published. This contract shall be re-evaluated once the
"new permit"is in force so that all/any changes to the work product/reporting requirements
can be addressed. When the new MS4 permit is released, the District will provide assistance
with developing any new permit requirements into the SWMP.
At that time, a discussion can occur to determine if the new requirements exceed the agreed
upon work in regard to the current MS4 agreement. If that is the case,then the District would
be open to discussion of modifying the contract, if necessary based on that review.
If this is acceptable, please let me know as soon as possible so that we can execute this.
I look forward to hearing from you.
Sincerely,
Jim Lieberum, CPESC
District Manager
Cc: Rhonda Jarvis,WC SWCD
Pam Hunsinger, ToQ
Craig Brown,ToQ
AGREEMENTS\Warren County Soil&Water Conservation District-MS4 Stormwater Management—July 1 2023
AGREEMENT BETWEEN TOWN OF QUEENSBURY AND
WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT
CONCERNING MS4 STORMWATER MANAGEMENT SERVICES
This AGREEMENT made as of the 1st day of July, 2023 by and between the TOWN OF
QUEENSBURY, a municipal corporation organized and existing under the laws of the State of
New York and having a principal place of business at 742 Bay Road, Queensbury, New York
(hereinafter referred to as the "Town") and the WARREN COUNTY SOIL & WATER
CONSERVATION DISTRICT(hereinafter referred to as the "District").
WI TNESSE TH.•
WHEREAS, the District has provided the Town with a letter proposal dated July 24, 2023
concerning MS4 Stormwater.Management Services whereby the District would continue to be
responsible for and handle the Town's MS4 Program duties; and
WHEREAS, the Town has authorized and ratified the extension/renewal of the Agreement
by Resolution No.: , 2023 at its August 7th, 2023 Town Board meeting;
NOW, THEREFORE, the Town and the District agree as follows:
1. The District shall continue in the role of the Town's "Stormwater Management
Officer" and be the primary contact on matters relating to the MS4 Program. The District will
provide all the services outlined in the May 15, 2014 Proposal, attached hereto as Exhibit A.
2. The term of this Agreement shall be from July 1, 2023 through June 30, 2024.
3. The Town shall pay the District the amount of$15,000 for such one year period.
4. All documents, reports and other materials obtained or created relating to the
Town's Stormwater Management or to this Agreement shall be the property of the Town.
5. This Agreement can only be modified by a writing signed by both parties. New
York Law shall apply to this Agreement and venue for any action hereunder shall be Warren
County.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
TOWN OF QUEENSBURY WARREN COUNTY SOIL AND
WATER CONSERVATION DISTRICT
BY: BY:
JOHN F. STROUGH,III JIM LIEBERUM, CPESC
TOWN SUPERVISOR District Manager
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of August in the year 2023 before me, the undersigned, a notary public in and for
said state, personally appeared JOHN F. STROUGH, HI, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,
the individual or the person upon behalf of which the individual acted,executed the instrument.
Notary Public
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of in the year 2023 before me, the undersigned, a notary public in and for
said state, personally appeared JIM LIEBERUM, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,
the individual or the person upon behalf of which the individual acted,executed the instrument.
Notary Public
2
EXHIBIT A
May 15, 2014 Proposal to be Attached as Exhibit A
3
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SOID.�_W 2_gi •
• ,l_^ •1••:.:1z-i, 394 Schroon River Road, Warrensburg, NY, 12885
''"�`�_r�'•;'.-,•`. Phone:518-623 3119
•:. -� r' • Fax:518-623 3519
t C • r Email:jim99@nycap.mcom
•`f_. '14'' .r= www.warrenswcd_ora •
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B ctckgro un d
The Town of Queensbury is a regulated municipality under the NYS DEC Municipal
Separate Storm SeWer System (MS4) program. The purpose of these regulations is to
help protect and improve the quality of public waterbodies in more densely populated
areas of the state,specifically focusing on stormwater runoff. These regulations outline
a large number of tasks (formatted as six "minimum measures") which the municipality
must undertake to be in compliance with these mandates_
The six minimum measures which the Town of Queensbury must undertake consist of the .
following:
MM1: Public education and outreach
MM2: Public involvement and participation
MM3: Illicit discharge detection and elimination
MM4: Construction site runoff control
MM5: Post construction stormwater management
MM6: Pollution prevention and good housekeeping for municipal operations
•
Proposal
To address the current needs,the District hereby proposes to continue on with role of
Queensbury's "Stormwater Management Officer", becoming the primary contact for
the Town on matters related to the MS4 program. The District also proposes the
continuation of the accompanying set of tasks to keep the Town in compliance on all
mandated minimum measures.
These tasks are outlined in a phased approach to the workload over a period of three
years_ This maintains ct fairly even and consistent cost for the town, and a maintainable
workload for the District.. The specific proposed tasks and deliverables are stated
below. The table outlines the proposed items to be addressed on an annual basis,
corresponding to the annual MS4 reporting year (March 9—March 8).
Pagel of3
Yearly Schedule (March 9 to March 8)
•
=Task-1. •) '' y:fri •: .'mil:•escri fion :lredr 7:'= :.,Yeai;'.2s : •e` •.
Task 1 Continue to undertake all roles and requirements of
Town of Queensbury Stormwater Management x x x
Officer_
Task 2 Review and update all existing stormwater outfall
mapping_ Work with HWD to identify any newly x x x
inslcrlled or re•aired ouffalls_
Task 3 Develop recommendations for an,updated
"Queensbury MS4 Stormwater Management x x
Program Plan"and have adopted b Town.
Task 4 Review the Town's`Illicit Discharge Detection and
Elimination Plan"for additional information or
technical updates.
Task 5 Continue to advertise and outreach the stormwater
calls "hotline"through the highway department,as
man dated.
Task 6 Evaluate Queensbury Highway Facilities with
Highway Superintendent regarding oil/grit
separators,truck washing/de salfing,stormwater
runoff and other impacts. Develop yearly
recommendations as appropriate.
Task 7 With approval from the Planning Board Chairman
and Director,Planning/Zoning,develop and present
a brief training for the Queensbury Planning Board
on storrnwatertechnologies,redevelopment and
retrofitting opportunities, and erosion control.
Task 8 Conduct meetings with Queensbury Planning and
Highway Departments to obtain information on their
annual MS4 workload_ Develop MS4 Annual Report
for DEC containing all infernal town workload and
SWCD contracted assistance_
Task 9 Review "sewershed"mapping of all identified x
stormwater outfalls,as required under MM3.
Task 10 Work with Queensbury Highway Department to train
highway employees regarding IDDE recognition and x x x
procedures for inspections.
Task 11 In coordination with Queensbury Highway
Superintendent Torn VanNess,review all highway
maintenance operations (paving,cleanup,deicing,
and construction) to determine if improvements can
be made to help protect local.waterwa s.
Task 12 Continue to install"Don't Dump, Drains fo
Lake/River"stormdrain markers and contact
Queensbury schools,civic organizations and other
potential volunteers about working with to install
them in •rlorif areas on Queensbu Roads.
Task 13 Continue to work with Queensburywebsite •
management staff to develop and post a
stormwater page,including the annual report, x x x
educational efforts,reflecting new projects,reports,
and information_
Page 2 of3
•
•
Task 14 Organize and host two stream cleanup days on a
priority section of a stream. Outreach for x x x
community volunteers
Task 17 Visually inspect 50%of the identified sformwafer
outfalfs for illicit discharges, and develop a
database of information. Work with Queensbury x x x
highway and codes fo address any illicit discharge
sites. Correlate outfall inspections with mapping_
Task 18 Develop and implement new sformwafer education
and outreach programs to meet the requirements x x x
of the .ro.ram,for both outh and adult.audiences
Task 7 9 Develop and implement new public involvement
and participation items(stream and roadside
clecmu.s,etc
Task 20 Conduct a thorough review of the overall
Queensbury MS4 program activities against EMI"
mandates and requirements to ensure full
•
corn•liance
•
Anticipated yearly time commitment:250 hours (staff:District Manager, Natural
Resource Specialist, and Office Manager)
Anticipated proposal time commitment: 750 hours (staff:District Manager, Natural
Resource Specialist, and Office Manager)
Yearly Proposal Cost: $72,000.
Total three year proposal cost:•$36,000
On behalf of the Warren County SWCD Board of Directors, I am pleased to submit this
proposal for consideration_ ff you have any questions or would like to discuss it in more
detail,please don't hesitate to contact me at any time at 623-317 9_ If approved,the
District will continue to assist the Town of Queensbury with the implementation of the
MS4 program_
Thanks again, and I look forward to hearing from you_
Sincerely,
•
Jim Lieberum, CPESC
District Manager •
Cc: Frank Thomas,Warren County SWCD Chairman
Ron Montesi, Queensbury Town Board
Craig Brown, Queensbury Planning
Stu Baker, Queensbury Planning
Beth Gilles, LCLG Regional Planning
Page 3of3