HomeMy WebLinkAboutTown Code Revison to Implement Stormwater ManagementRESOLUTION 2011-276
ADOPTED
DOC ID: 6760
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-276 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 29, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Amendment to the Program Work Plan between
the Town of Southold and the New York State Department of State in connection with
Agreement #C006792 (Revision of Town Code to Implement Stormwater Management), subject
to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000
Contract Period: 04/01/06 to 03/31/12
Contract No.: C006792
Funding for Period: $25,000
This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Depar~nent of
State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter referred to as the STATE),
and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006792, as
amended in attached Appendix B and D.
Terms and conditions of this amendment are subject to continued availability of fimds for this contract.
All other provisions of said AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONT~TOR SIGNATURE
By: ~;~'~ By:
(print name)
Title: .~'c-c-~,~'~ c2 ~$ C) ;'~ Title:
Date: ~C~,-.~~ ( { Date:
NYS DEPARTMENT OF STATE
(print name)
State Aeencv Certification:~In addlnon' to the acceptance of th~s' contract, I a so cer~ fy that original' ' copies of ~h~s signature page w~ be attached
to all other eg, act copies of this contra~t."
ACKNOWLEDGMENT
State of New York )
County of ~<'ax ~?0 ~ ~ )ss:
O day of ~ fit ! ,in ~e ye~ 20 t ~ ,before me personally appe~ed
On
this
~ ~ ~f~//,tome~o~ who being by me duly swom, did depose ~d say ~at
he~ is the ~~ ~ ~ [ ~ ~ of ~ ~ ~ ~ ~ f~, ~e org~i~tion
described in ~d executed the a~ve ins~ment; ~d ~at he~ has ~e aU~o~W to si~ on ~half of ~id
org~i~tion; ~d ~at he/~ exec~ed ~e forego(ng a~eement for and on behalf of said org~i~tion.
~OT~Y PUBLIC B0~NIEJ. DOROSKI
~ N0ta~ Public, State 0f New York
Approved: No. 01D06095328, Suffolk ~oun~
km Ex~iresJul~ 7, 20.. [~
~om~ P. DiNapoli
S~te Comp~oller
By:
Date:
BUDGET AMENDMENT
SUMMARY SHEET
Town of Southold
Agreement #C006792
Revision of Town Code to Implement Stormwater Management
Current Change . NEW
Budget (+ or -) BUDGET
A. Salaries & Wages (Including Fringe) $25,000.00 $5,169.60 $30,169.60
B. Travel $0.00 $0.00 $0.00
C. Supplies/Materials $0.00 $0.00 $0.00
D. Equipment $0.00 $0.00 $0.00
E. Contractual Services $25,000.00 ($5,169.60) $19,830.40
F. Other $0.00 $0.00 $0.00
TOTAL PROJECT COST $50,000.00 $0.00 $50,000.00
Total State Share (50% of Total) $25,000.00 $0.00 $25,000.00
Total Local Share (50% of Total) $25,000.00 $0.00 $25,000.00
Appendix B
BUDGET SUMMARY
A. Salaries & Wages (including Fringe Benefits)
B. Travel
C. Supplies/Materials
D. Equipment
E. Contractual Services
F. Other
$30,169.60
$0.00
$0.00
$0.00
$19,830.40
$0.00
TOTAL PROJECT COST
$50,000.00
Total State Funds (50% of Total)
Total Local Share (50% of Total)
$25,000.00
$25,000.00
B-2
Appendix B (Budget Detail Sheet)
A. SALARIES & WAGES
TITLE ANNUAL AMOUNT
SALARY CHARGED TO THIS
PROJECT
Town Engineer $65,000.00 $15,000.00
Commissioner, Department of Public Works $86,000.00 $2,000.00
Town Attorney $90,000.00 $4,000.00
Assistant Town Attorney $75,000.00 $4,000.00
Principal Planner $89,1 g0.00 $3,321.00
Intern II $12.00/hr $1,704.00
Network and Systems Administrator 72.30/hr $144.60
B. TRAVEL
SUBTOTAL $30,169.60
SUBTOTAL $0.00
C. SUPPLIES/MATERIALS
SUBTOTAL $0.00
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES
Consultant services to dmtt storm water, grading, drainage and erosion control code .... $17,295.90
Contractual services to print color brochures and posters ........................... $2,534.50
SUBTOTAL $19,830.40
F. OTHER
SUBTOTAL $0.00
Contractor:
Program Contact Person:
Phone: (Office)
(Fax)
APPENDIX D
PROGRAM WORK PLAN
Town of Southold
Mark Terry, LWRP Coordinator
(631) 765-1938 1560
(631) 765-9015
Revision of Town Code to Implement Stormwater Management
1. Proiect Descrintion
The Town of Southold (the Contractor) will, through consultant services and the work of Town staff,
prepare and adopt revisions to its code to better manage stormwater runoffwithin the Town. The
purpose of the new subtitle, Stormwater, Grading. Drainage and Erosion Control Code, will be to
protect, to the greatest extent practicable, life, property and the environment from loss, injury and
damage by pollution, erosion, flooding, and other potential hazards, whether from natural causes or from
human activity. This subtitle will help protect surface waters and freshwater wetlands from pollution,
meet the requirements under the NYS Department of Environmental Conservation State Pollution
Discharge Elimination Permit for Municipalities with Separate Storm Sewer Systems in urbanized areas,
advance the Town's LWRP, and fulfill the responsibilities of the Town as trustee of the environment.
In an effort to implement the new stormwater management code, the Town of Southold Planning
Department will identify stormwater management best management practices and develop an outreach
program, including two brochures (one for homeowners and one for construction), television slides,
posters and a printed public announcement, based on Chapter 236 of the Southold Town Code (the new
stormwater management chapter). Outreach materials will provide homeowners and contractors with a
series of actions to minimize soil erosion, sedimentation and stormwater runoff and to manage activities
that could alter natural drainage systems or increase nonpoint sources of pollution to the Town's
stormwater management system.
2. Project Attribution and Number of Copies
The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the
contributions of the Division of Coastal Resources to the project. The materials must include the
following acknowledgment:
"This (document, report, map, etc.) was prepared for the New York State Department of State
Division of Coastal Resources with funds provided under Title 11 of the Environmental
Protection Fund.'
The contributions o{the Division of Coastal Resources must also be acknowledged in community press
releases issued for the project. Project press releases shall be submitted to the Division of Coastal
Resources for review and approval prior to release to ensure appropriate attribution.
D-2
The Contractor must submit to the Division of Coastal Resources three copies of all written reports and
supporting graphics, final design documents, and other printed materials.
3. Compliance with Procurement Requirements
The municipal attorney, chief legal officer, or financial administrator for the municipality (Contractor)
shall certify to the Division of Coastal Resources that applicable public bidding procedures of General
Municipal Law §103 were followed for all construction contracts involving more than $20,000 and more
than $10,000 for purchase contracts. In the case ofconstroction contracts involving not more than
$20,000, purchase contracts involving not more than $10,000, and contracts for professional services, the
municipal attorney, chief legal officer, or financial administrator shall certify that the procedures of the
municipality established pursuant to General Municipal Law § 104-b were fully complied with.
4. Project Components
Taskl:
Initial Project Scoping Meeting
The Contractor, the Division of Coastal Resources (DCR), project partners and any other
appropriate entities shall hold an initial meeting to review the project scope, project
requirements, roles and responsibilities of project partners, the selection process for procuring
consultant services for the project, State Environmental Quality Review Act (SEQRA)
compliance requirements, the number of public meetings and techniques for public involvement
proposed for the project, and any other information which would assist in project completion. In
addition, the composition of a project advisory committee shall be discussed during initial
project scoping. The Contractor, or a designated project paxtner, shall prepare and distribute to
all project partners a brief meeting summary clearly indicating the agreements/understandings
reached at the meeting. Work on subsequent tasks shall not proceed prior to DCR approval of
the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 2:
Project Advisory Committee
The Contractor shall establish a project advisory committee to oversee all aspects of the project
in cooperation with municipal officials and the project consultant(s), if appropriate. The
committee shall be representative of all appropriate municipal, state and federal departments and
agencies with jurisdiction over project activities or the project area. A draft list of proposed
members shall be circulated to DCR for review and approval prior to establishment of the
committee.
Products:
Draft and final list of proposed members of project advisory committee. Project
advisory committee established, if appropriate.
Task 3:
Request for Proposals
The Contractor shall draft a Request for Proposals (RFP) including a complete project
description with scope of work, expected final results, a schedule for completion, and criteria for
D-3
selecting a preferred proposal. The Contractor shall submit the RFP to DCR for review and
approval prior to release for solicitation of proposals.
Products:
Approved RFP released through advisement in local papers, the New York State
Contract Reporter, and other appropriate means.
Task 4:
Consultant Selection and Compliance with Procurement Requirements
In consultation with DCR, the Contractor and an appropriate review committee shall review all
proposals received as a result of the RFP. At a minimum, the following criteria are suggested for
use in evaluating consultant responses:
Quality and completeness of the response.
Understanding of the proposed scope of work.
Applicability of proposed alternatives or enhancements to information requested.
Cost-effectiveness of the proposal.
Qualifications and relevant experience with respect to the tasks to be performed.
Reputation among previous clients.
Ability to complete all project tasks within the allotted time and budget.
Incomplete proposals that do not address all of the requested components should not be accepted
for review and consideration.
For preparation/certification of final designs and construction documents, and for supervision of
construction, a professional engineer or licensed architect/landscape architect is required.
The municipal attorney, chief legal officer or financial administrator of the municipality shall
certify in writing to the DCR that applicable provisions of General Municipal Law were fully
complied with.
The Contractor's procurement record and consultant selection is subject to approval by DCR.
Products:
Consultant(s) selected and approved by DCR. Written certification of
procurement procedures.
Task 5:
Subcontract Preparation and Execution
The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the
consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate
opportunity for review at appropriate stages of project completion, a payment schedule
(payments should be tied to receipt of products), and a project cost. The subcontract(s) shall
specify the composition of the entire consultant team, including firm name and area of
responsibility/expertise, and those professionals from the consultant team or consulting firm that
will be directly involved in specific project tasks. The Contractor shall submit the draft
subcontract(s) to DCR for review and approval, and shall incorporate DCR's comments in the
final subcontract(s). A copy of the final, executed subcontract(s) shall be submitted to DCR.
Products: Draft and final, executed consultant subcontracts.
D-4
Task 6:
Second Pr~ect ScopingMeeting
In consultation with DCR, the Contractor shall hold a second project scoping meeting with the
consultant(s) and the project advisory committee to review project requirements, scope of work,
and roles and responsibilities; identify new information needs and next steps; and transfer any
information to the consultant(s) which would assist in completion of the project. The
consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the
agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed
prior to DCR approval of the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 7:
Draft New Section of Town Code
The Contractor or its consultant(s) shall prepare a draft a new section of Town law titled Storm
Water, Grading, Drainage and Erosion Control Code. The purpose of this subtitle would be to
protect, to the greatest extent practicable, life, property, and the environment from loss, injury,
and damage by pollution, erosion, flooding, and other potential hazards, whether from natural
causes or human activity. The new code will include provisions for reducing the impact of
stormwater runoff by naturally filtering it through drainage structures or bio-filtration systems for
any and all proposed land clearing and/or development. The title is intended to protect surface
waters and freshwater wetlands from pollution, meet the requirements of state and federal
regulations under the NYS DEC NPDES permit, and fulfill the responsibilities of the Town as
trustee of the environment. The draft section shall be submitted to the DCR, the project advisory
committee, and any other necessary stakeholders for review and comment. Comments from the
DCR shall be addressed to the satisfaction of the DCR prior to finalization and adoption into law
of the Storm Water, Grading, Drainage and Erosion Control Code.
Products:
Draft new section of code submitted to appropriate municipal, state and federal
departments and agencies, and revised as necessary.
Task 8:
Environmental Quality Review
The Contractor or its consultant(s) shall prepare all documents necessary to comply with the
State Environmental Quality Review Act (SEQRA) through determination of significance. Ifa
positive declaration is made, a Draft Environmental Impact Statement shall be prepared.
Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement.
Task 9:
County Planning Board Review
The draft new section of code shall be submitted by the Town to the Suffolk County Planning
Board for review and recommendations pursuant to Section 239-m of the New York State
General Municipal Law.
Products:
Recommendations received from the Suffolk County Planning Board on the draft
comprehensive plan and zoning ordinance.
D-5
Task 1 O: Public Meeting
The Contractor or its consultant(s) shall conduct a public meeting to present the draft new
section of code and obtain feedback from project stakeholder and the public. The Contractor or
its consultant(s) shall document public comment and submit a summary of the public meeting to
DCR for review.
Products: Minutes/written summary of the public meeting.
Task 11: Adoption of New Section of Town Code
The Contractor shall formally adopt through resolution as a new section of Town law the
approved Storm Water, Grading, Drainage and Erosion Control Code. A copy of the resolution
shall be submitted to the DCR.
Products: Resolution adopting new section of code as Town law.
Task 12: Stormwater Management Best Management Practices
The Contractor will identify two sets of best management practices (BMPs) based upon the
provisions of the stormwater management code- one for homeowners and one for contractors.
The BMPs will be a series of actions to minimize soil erosion, sedimentation and stormwater
runoff and practices to manage activities that could alter natural drainage systems or increase
nonpoint sources of pollution to the Town's stormwater management system. The BMPs shall be
submitted to the DCR, the project advisory committee, and any other necessary stakeholders for
review and comment. Final BMPs are subject to approval by the DCR.
Products: Stormwater Management Best Management Practices
Task 13: Stormwater Management Outreach
The Contractor will develop an outreach program to educate homeowners and contractors about
the new stormwater management code and acceptable practices for managing impacts to the
Town's natural and developed drainage systems. The outreach program will consist of materials
to inform homeowners and contractors about the BMPs and to illustrate their proper use. All
draft outreach materials shall be submitted to the DCR, the project advisory committee, and any
other necessary stakeholders for review and comment and final outreach materials are subject to
approval by the DCR prior to production.
Products: Stormwater Management Outreach Materials
Task 14:
Semi-annual Reporting
The Contractor or its consultant(s) shall submit to the DCR semi-annual reports (every six
months) on the form provided, including a description of the work accomplished, any problems
encountered, and any assistance needed. The report may be submitted as part ora payment
request.
Products: Semi-annual reports during the life of the contract.
D-6
Task 15:
Measurable Results
The Contractor or its consultant(s) shall work with the DCR project manager to complete the
Measurable Results Form. Final payment shall not be authorized until the Measurable Results
Form has been completed and filed with project deliverables.
Products: Completed Measurable Results Form.
5. Proiect Management Resnonsibilities
For this project, the primary contact for the Contractor is Mark Terry of the Town of Southold, or his/her
representative or successor. The primary contact shall administer the grant, execute a contract with
DCR, and ensure the completion of work in accordance with the approved Work Plan. Unless otherwise
specified in the Project Description or under Project Components, the Contractor and/or its approved
consultant(s) or subcontractor(s) shall conduct all work as described in the component tasks.
The Contractor:
will be responsible for conducting all project work in conformance with the Work Plan included
in the executed contract with the DCR.
will be responsible for all project activities including drafting request for proposals and
managing subcontracts with consultants and subconsultants.
will certify to the DCR that the procurement record for project consultants and subcontractors
complies with the applicable provisions of General Municipal Law.
will receive approval from the DCR for any and all consultant subcontracts before beginning
project work.
will be responsible for submission of all products and payment requests.
will be responsible for coordinating participation and soliciting comments from local government
personnel, project volunteers, and the public.
will keep the DCR informed of all important meetings for the duration of this contract.
will receive approval from the DCR before purchase of any equipment.
will secure all necessary permits and perform all required environmental reviews.
will ensure that all materials printed, constructed, and/or produced reflect the Division of Coastal
Resources logo, feature the Secretary of State and the Governor, and acknowledge the
contributions of the Division to the project.
will ensure that all products prepared as a part of this agreement shall include the NYS
Comptroller's Contract # as indicated on the Face Page of this Agreement.
will ensure the project objectives are being achieved.
will ensure that comments received from the DCR and the project advisory committee, or other
advisory group, are satisfactorily responded to and reflected in subsequent work.
will recognize that payments made to consultants or subconl~'actors covering work carried out or
products produced prior to receiving approval from the DCR will not be reimbursed unless and
until the DCR finds the work or products to be acceptable.
will participate, if requested by DCR, in a training session or sessions focused on developing and
implementing revitalization strategies. The purpose of the training session(s) is to build
knowledge and provide support to community leaders to advance revitalization efforts and
complete priority projects.
D-7
The Division of Coastal Resources:
will review and approve or disapprove of subcontracts between the Contractor and consultant(s)
and any other subcontractor(s).
will participate in initial project scoping and attend meetings that are important to the project.
will review all draft and final products and provide comments as necessary to meet the
objectives.
must approve any and all design, site plan, and preconstruction documents before construction
may begin.