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3.16 3.16 AGREEMENTS\Warren County Soil&Water—Stomiwater Management Officer—RENEW through June 30 2020-7-1-19 RESOLUTION AUTHORIZING EXTENSION/RENEWAL OF AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT REGARDING MS4 STORMWATER MANAGEMENT SERVICES THROUGH JUNE 30, 2020 RESOLUTION NO.: ,2019 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 Queensbuiy's Stormwater Management Officer, becoming the primary contract for the Town on matters related to the MS4 Program, and by Resolution No.: 241,2018 authorized an Agreement extension/renewal through June 30, 2019, and WHEREAS, by letter proposal dated June 26, 2019, the District has proposed to extend such Agreement through June 30, 2020, and WHEREAS, the District has advised that there will be no cost changes to the program, so program costs will remain at the amount of$12,000 for the one year period, and WHEREAS, the Town Board wishes to accept such letter proposal and enter into an Agreement, NOW, THEREFORE, BE IT RESOLVED, that the Queensbuiy Town Board hereby authorizes the June 26, 2019 MS4 Storiiiwater Management Services letter proposal from the Warren County Soil & Water Conservation District (District) and the coinciding Agreement for the renewal/extension of MS4 Stormwater Management Services substantially in the form presented at this meeting and authorizes and directs the Town Supervisor to execute such Agreement and any other documentation needed to effectuate such letter proposal, and BE IT FURTHER, RESOLVED, that payment for such services for an amount of$12,000 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 2019 Town Budget by transferring $12,000 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 action as may be necessary to effectuate all terms of this Resolution. 2 Duly adopted this 1 St day of July,2019,by the following vote: AYES : NOES : ABSENT : 3 W sfatEN OIL WAT R Y i 394 Schroon River Road, Warrensburg, NY, 12885 •= Phone: 518-623-3119 ' � Fax: 518-623-3519 Email:jim99@nycap.rr.com www.warrenswcd.orq CONSERVATION DISTRICT June 26, 2019 Supervisor John Strough Town of Queensbury 742 Bay Road Queensbury NY 12804 Dear Supervisor Strough As you know 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 Currently the Warren County SWCD is assisting the Town of Queensbury with the compliance of the town's MS4 program in an agreement approved by the Town Board. At this time,the NYSDEC is still revising compliance criteria and other aspects of the MS4 permit. The final permit has not been released, but 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 expires on June 30, 2019. The SWCD proposes that the Town and the SWCD extend the existing agreement until June 30, 2020 . 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 review can be done to determine if the new requirements exceed the agreed upon work in regards to this current MS4 agreement. If that is the case then the District would be open to the 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 Warren County Soil&Water Conservation District-MS4 Stormwater Management—July 2018—July 2019 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, 2019 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 June 26, 2019 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 this extension/renewal of the Agreement by Resolution No.: , 2019 at its July 1st, 2019 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, 2019 through June 30, 2020. 3. The Town shall pay the District the amount of$12,000 for such one year period. 4. All documents, reports and other materials obtained or created relating to the Town's Storrnwater Management or to this Agreement shall be the property of the Town. 5. This Agreement can only be modified by a writing signed by both parties. New York Law shall apply to this Agreement and venue for any action hereunder shall be Warren County. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. TOWN OF QUEENSBURY WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT BY: BY: JOHN F. STROUGH JIM LIEBERUM, CPESC TOWN SUPERVISOR District Manager STATE OF NEW YORK) ss.: COUNTY OF WARREN) On this day of July in the year 2019 before me, the undersigned, a notary public in and for said state, personally appeared JOHN F. STROUGH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK) ss.: COUNTY OF WARREN) On this day of in the year 2019 before me, the undersigned, a notary public in and for said state, personally appeared JIM LIEBERUM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted,executed the instrument. Notary Public 2 EXHIBIT A May 15,2014 Proposal to be Attached as Exhibit A 3 . o „cli A coon 2, 5oTh.8 FAT- :$ • _ - -::,-,t,, 394 Schroon River Road, Warrensburg, NY, 12885 ' 3'`�si:ig Phone:518-623 3119 r46-: ' '{' Fax:518-623 3519 Email:jim99@nycap.rr.com f4711 4: '_- www.warrenswcd.orq • CONSERVATION DISTRIbT - ..�r� q��;.o:_ � - _ ;.ram: :�.t;: .4;.1i:i'i Ou'i•S.,J - - .._. .=t!ii:;�:�>l: V'%���:.�o^.':�:.:.^.-.- - ._i,,tt.._li.:. _ _tiv.,,^�:a�.rj'��(::y •�:•- •i _ .t)i, 4• r w���iy'.•:'t�J.'c ==5. ;:t'..y rr i,.%,1 Zti ._.'r.:-.'?1:,4:,��.;•i :'r,: - :"•SY ry". - - 4„. _> ,t:i5pp-=ram -gam— c. _�...'�tt„-t)b•Y.t_ -h.` .al-Lv..--q.�f•..r _ - .:�a'= - -:a5 �:^ �.-'1,`i��� :�r- +�� �-+ _.>�). `l. 4 :�yl.:•,->•.:..-mow -iL��.1cr.•': :fit:.,-(\.ii` ...< __- C:V:: lS� ��\.,� 'r.-_' �r...;r.. �t:�:J(�.,i: �•`l`. 1,:)7^:..may;l�=Z•:r���� `.4.�,. 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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 a 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 of 3 i•• • .r Yearly Schedule (March 9 to March 8) �a'Aesckt tion :Year=1' ' -Yea "j1 S tom'• :I:- .:': :.i;: - - •ram a`.. _ y' •1�•.. 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 ouffall mapping. Work with HWD to identify any newly x x x installed or repaired ouffalls. Task3 Develop recommendations for an updated "Queensbury MS4 Stormwater Management x x x Program Plan" and have adopted by Town. Task 4 Review the Town's"Illicit Discharge Defection and Elimination Plan"for additional information or x technical updates. Task 5 Continue to advertise and outreach the stormwater calls "hotline"through the highway department,as x x x mandated. Task 6 Evaluate Queensbury Highway Facilities with Highway Superintendent regarding oil/grit separators,truck washing/desalting,stormwater x x x 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 x x x . on stormwater technologies,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 x x x for DEC containing all internal town workload and SWCD contracted assistance. Task 9 Review"sewershed"mapping of all identified x x 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 Tom VanNess,review all highway • maintenance operations (paving,cleanup,deicing, ' x and construction) to determine if improvements can be made to help protect local waterways. Task 12 Continue to install "Don't Dump, Drains to Lake/River" stormdrain markers and contact Queensbury schools,civic organizations and other x x x potential volunteers about working with to install them in priority areas on Queensbury Roads. Task 13 Continue to work with Queensbury website • 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 Iwo 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 stormwater outfalls for illicit discharges, and develop a database of information. Work with Queensbury x x x highway and codes to address any illicit discharge sites. Correlate(Dutton inspections with mapping_ Task 18 Develop and implement new stormwater education and outreach programs to meet the requirements x x x of the program,for both youth and adult.audiences Task 19 Develop and implement new public involvement and participation items(stream and roadside x x x cleanups, etc) • Task 20 Conduct a thorough review of the overall Queensbury MS4 program activities against x mandates and requirements to ensure full compliance 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_ If you have any questions or would like to discuss it in more detail, please don't hesitate to contact me at any time at 623-3119_ 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 Monfesi, Queensbury Town Board Craig Brown, Queensbury Planning Stu Baker, Queensbury Planning Beth Gilles, LCLG Regional Planning Page 3 of3