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HomeMy WebLinkAboutPeconic Bay Estuary Inter-Municipal Agreement ''"1k`4h, RESOLUTION 2013-528 ADOPTED DOC ID: 8944 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-528 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 2, 2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Inter-Municipal Agreement with the County of Suffolk, the Town of East Hampton, the Town of Riverhead, the Town of Shelter Island, the Town of Southampton, the Town of Brookhaven, the Village of Dering Harbor, the Village of Greenport, the Village of North Haven, the Village of Sag Harbor and the New York State Department of Transportation for the purpose of working together in order to facilitate efforts to improve the Peconic Estuary, subject to the approval of the Town Attorney and the Town Board's approval of any funding required. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell ~~gStikRyp~O G Pecontc Estuary Intermunicipal Agreement Municipal Representative Designation As a member of the Peconic Estuary Intermunicipal Agreement, the entity/municipality listed below: --T~owr) of 5aui'618 [enter municipality's name] has named the individual listed below as the entity/municipality's designated Representative ry on the Peconic Estuary IIM~~A committee. 1'1iC~aeI OO~I1I-N5_ ~l.iYtlEhQineer [enter name and title of Representative (Optional) In the event that the designated Representative is unable to attend a Peconic Estuary IMA committee meeting, the alternate representative shall be: [enter name and title of ALTERNATE Representative - if applicable] Signed Date 121 [6l [?j I p v~ (~y i-yi so r (Title) PLEASE RETURN THIS FORM WITH THE SIGNED INTERMUNICPAL AGREEMENT BY DECEMBER 31.2013. Alison Branco, Director, Peconic Estuary Program Suffolk County Department of Health Services, Office of Ecology 360 Yaphank Ave., Suite 28 Yaphank, NY 11980 Email: Alison.Branco@suffolkcountyny.gov Peconic Estuary Program Office SCDHS-Office of Ecology 360 Yaphank Avenue Suite 2B Yaphank, NY 11980 www.PeconicEstuary.org PECONIC ESTUARY PROTECTION COMMITTEE INTER-MUNICIPAL AGREEMENT BETWEEN THE COUNTY OF SUFFOLK, TOWN OF BROOKHAVEN, TOWN OF EAST HAMPTON, TOWN OF RIVERHEAD, TOWN OF SHELTER ISLAND, TOWN OF SOUTHAMPTON, TOWN OF SOUTHOLD, VILLAGE OF DERING HARBOR, VILLAGE OF GREENPORT, VILLAGE OF NORTH HAVEN, VILLAGE OF SAG HARBOR, AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION Agreement made and entered into this day of , 2013, by and between the municipal corporations: the COUNTY OF SUFFOLK, 100 Veteran's Memorial Highway, Hauppauge, New York 11788; TOWN OF BROOKHAVEN, One Independence Hill, Farmingville, NY 11738; TOWN OF EAST HAMPTON, 159 Pantigo Road, East Hampton, New York 11937; TOWN OF RIVERHEAD, 200 Howell Avenue, Riverhead, New York 11901; TOWN OF SHELTER ISLAND, 38 North Ferry Road, Shelter Island, New York 11964; TOWN OF SOUTHAMPTON, 116 Hampton Road, Southampton, New York 11968; TOWN OF SOUTHOLD, 53095 Route 25, P.O. Box 1179, Southold, New York 11971; VILLAGE OF DERING HARBOR, P.O. Box 3010, Shelter Island Heights, New York 11965; VILLAGE OF GREENPORT, 236 Third Street, Greenport, New York 11944; VILLAGE OF NORTH HAVEN, 335 Ferry Road, Sag Harbor, New York 11963; VILLAGE OF SAG HARBOR, 55 main Street, P.O. Box 660, Sag Harbor, New York 11963; and the NEW YORK STATE DEPARTMENT OF TRANSPORTATION, 50 Wolf Road, POD 4-1, Albany, Peconic Estuary Intermunicipal Agreement -10/28/13 New York 12232 (hereinafter collectively known as the "MUNICIPALITIES"). WITNESSETH; WHEREAS, the MUNICIPALITIES recognize the importance of the Peconic Estuary as a vital coastal ecosystem essential to the environmental and economic well- being of the people in the surrounding communities and as an "Estuary of National Significance" as designated by the U.S. Environmental Protection Agency (EPA); and the MUNICIPALITIES are deeply concerned with the existing degradation of the Peconic Estuary and the potential for further degradation due to a variety of pollutant sources, including but not limited to stormwater runoff, illegal dumping, floatable debris and boat waste: and WHEREAS the MUNICIPALITIES recognize the waters, tributaries and wetlands of the Peconic Estuary comprise a precious resource worthy of protection and wish to protect, restore and enhance the Peconic Estuary so as to ensure a healthy and diverse marine ecosystem while balancing and maintaining recreational and commercial uses; and are in agreement that the future health and productivity of the Peconic Estuary requires a coordinated effort dedicated to the protection and enhancement of the Peconic Estuary area; and WHEREAS, the Peconic Estuary Program has developed a Comprehensive Conservation and Management Plan (COMP), which was formally approved on November 15 2001 by the EPA, and which set forth long range goals and plans for the use and improvement of the Peconic Estuary; and Peconic Estuary Intermunicipal Agreement -10/28/13 i WHEREAS the MUNICIPALITIES are required by the federal Clean Water Act's Phase II regulations and by New York State's Phase II stormwater regulations (SPDES General Permit No. GP-0-10-002) to develop and implement Stormwater Pollution Prevention Plans and Annual Compliance Reports; and WHEREAS the federal and state governments encourage and support the formation of inter-municipal partnerships like the COMMITTEE and promote their use as the most effective and cost efficient means to address the Phase II stormwater regulations; and WHEREAS the annual Phase II compliance reporting forms require the MUNICIPALITIES to specify the legally binding agreement(s) under which they are working as partners on their stormwater management programs; and I WHEREAS the MUNICIPALITIES desire to enter into an agreement so that they may continue their work together as the COMMITTEE so that they may carry out the goals and responsibilities set forth herein; and WHEREAS the NYS General Municipal Law Section 119-o authorizes agreements for the performance of various functions, powers and duties between municipal corporations; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants herein stated, it is agreed by and between the parties hereto as follows: Peconic Estuary Intermunicipal Agreement -10/28/13 i ~I 1. Each of the twelve (12) separate MUNICIPALITIES shall appoint one official representative to the COMMITTEE. The official representative shall be responsible to participate in regular meetings of the COMMITTEE, transmit information to and obtain opinions regarding water quality policy issues from his or her MUNICIPALITY. 2. The goals of the COMMITTEE are as follows: i. To improve the water quality of the Peconic Estuary so that all waters of the estuary will consistently meet water quality standards for bathing, swimming and fishing; ii. Improve the water quality of the Peconic Estuary so that areas currently closed to shellfishing will once again be classified as an area suitable for the harvesting of shellfish for human consumption; iii. Restore and enhance the surrounding tidal wetlands that serve to cleanse ecosystems; provide marine food production and wildlife habitat; offer opportunities for education, research and recreation; provide flood and storm control; and offer open space and aesthetic appreciation; iv. Control and reduce point and nonpoint source pollution affecting the Peconic Estuary and its environs; V. Assist in the achievement of compliance with federal and state statutes and regulations which affect the Peconic Estuary in a coordinated and cost effective manner; and vi. vi. Coordinate local coastal regulations so as to maximize protection and enhancement efforts to improve the Peconic Estuary, its tributaries and wetlands. 3. The COMMITTEE shall select a Chairperson from among the municipal representatives and the Chairperson shall have the power to create subcommittees Peconic Estuary Intermunicipal Agreement -10/28/13 and appoint representatives to serve on such subcommittees as the need arises; 4. The COMMITTEE shall be funded by annual contributions (hereinafter referred to as "dues") which shall be determined annually by the COMMITTEE representatives after the opportunity for review by each municipality. The proposed amount of annual dues for each year shall be determined prior to the first day of February that year. Each member municipality shall have sixty (60) days from the date that such dues are proposed to review, comment or withdraw from the COMMITTEE as set forth in Paragraph 12 of this Agreement. At the end of the sixty (60) day review period, the dues shall be established for that year. Such dues shall include the monetary requirements for the match shares of any grants applied for and received by a member municipality on behalf of the COMMITTEE, the cost for services of an Executive Director and any administrative costs not covered by such grants. 5. Dues shall be apportioned among the member municipalities in accordance with the following formula: County of Suffolk: 25 % of total Town of Brookhaven: 10 % of total Town of East Hampton: 10% of total Town of Riverhead: 10% of total Town of Shelter Island: 10% of total Town of Southampton: 10% of total Town of Southold: 10% of total Village of Dering Harbor: 3% of total Village of Greenport: 3% of total Village of North Haven: 3% of total Village of Sag Harbor: 3% of total New York State Department of Transportation: 3% of total Not withstanding the foregoing, the maximum amount to be paid as dues by the County in any calendar year under this Agreement is twenty-five thousand ($25,000) dollars. Peconic Estuary Intermunicipal Agreement -10/28/13 . Also notwithstanding the foregoing, the maximum aggregate amount of dues to be paid in any one calendar year under this Agreement shall not exceed one hundred thousand ($100,000) without the express approval of each municipal member of the COMMITTEE. 6. The COMMITTEE shall provide each member municipality with reasonable notice of the dues and they shall be paid within a reasonable time following the start of the municipality's fiscal year. 7. Dues shall be paid by each member municipality without the need for a separate inter-municipal agreement. 8. The COMMITTEE'S activities shall be coordinated by a part time or full time Executive Director who shall serve the COMMITTEE on a consulting basis as an independent contractor and who shall report to the COMMITTEE through its Chairperson; 9. One or more municipalities (hereinafter referred to as a "SPONSOR" or "SPONSORS") shall act as the agent for the COMMITTEE to apply for and receive grants; and to retain and hire environmental consultants as well as the Executive Director to carry out the goals of the COMMITTEE; 10. All dues, grant receipis and other monies received by the COMMITTEE shall be placed in a separate account by the SPONSOR or SPONSORS for the COMMITTEE with periodic accountings provided to the COMMITTEE. 11. Office space, a telephone, and internet hookup may be voluntarily provided by one of the member municipalities at no charge to the COMMITTEE for the use of its Executive Director. Pecomc Estuary Intermunicipal Agreement -10/28/13 12. Any member municipality may withdraw from the COMMITTEE upon written notice of no less than thirty (30) days to the Chair of the COMMITTEE who shall promptly notify the remaining member municipalities. In the event that the member municipality elects to withdraw from the COMMITTEE prior to the establishment of dues for that calendar year, the municipality shall not be responsible for the payment of such dues and shall have no further obligation under this Agreement. In the event that the member municipality elects to withdraw from the COMMITTEE after dues for that calendar year are established, the dues for the remaining members for the following calendar year shall be assessed in approximately the same proportions that the remaining members were assessed with respect to one another prior to the withdrawal of the withdrawing municipality. 13. If at any time following the execution of this Agreement, any municipality or other government entity that is not a currently represented on the COMMITTEE, wishes to join as a member of the COMMITTEE, this Agreement shall be deemed to be amended and the municipality or other government entity shall be deemed to be a full member of the COMMITTEE and subject to all of the Agreement's terms and conditions provided that the following procedures and criteria are followed: i. a letter is sent to the Chair of the COMMITTEE on the letterhead of the municipality or other governmental entity requesting to become a member of the COMMITTEE; ii. a copy of an official Resolution of the governing body of the municipality or other governmental entity authorizing the municipality or other governmental entity to join the COMMITTEE is submitted to the Chair of the COMMITTEE; and iii. the COMMITTEE affirmatively votes by majority vote to accept the membership. If the new member is a County, Town, City or Village, the amount of dues required Peconic Estuary Intermunicipal Agreement -10/28/13 for that calendar year shall be at the same rate as that charged for other like entities (i.e. a Village would be charged at the same rate as other Villages for that year). In the event that the new member joins during the first six months of the calendar year, the full annual dues shall be charged. In the event that the new member joins during the second six months of the calendar year, half the annual dues shall be charged. If the new member is a governmental entity other than a County, Town, City or Village, the amount of dues shall be determined by the COMMITTEE. 14. The term of this Agreement shall begin upon signing and shall continue in effect as long as at least two member municipalities desire to see the COMMITTEE continue. 15. Compliance with Laws: This Agreement is subject to the provisions of Article 18 of the General Municipal Law of the State of New York. In addition, the parties hereto shall comply with any and all applicable Federal, State and local Laws, including, but not limited to those relating to conflicts of interest, discrimination, a living wage, disclosure of information, and vendor registration, in connection with their performance under this Agreement. As used in this Agreement the word "Law' includes any and all statutes, local laws, ordinances, rules, regulations, applicable orders, and/or decrees, as the same may be amended from time to time, enacted, or adopted. Peconic Estuary Intermunicipal Agreement -10/28/13 THE PECONIC ESTUARY PROTECTION COMMITTEE INTER-MUNICIPAL AGREEMENT IN WITNESS WHEREOF, The County has executed this agreement on the Town of Brookhaven on the Town of East Hampton on the Town of Riverhead on the Town of Shelter Island on the Town of Southampton on the Town of Southold on the Village of Daring Harbor on , the Village of Greenport on , the Village of North Haven on the Village of Sag Harbor on and the New York State Department of Transportation on APPROVED: COUNTY OF SUFFOLK By TOWN OF BROOKHAVEN By TOWN OF EAST HAMPTON By TOWN OF RIVERHEAD By Peconic Estuary Intermunicipal Agreement -10/28/13 TOWN OF SHELTER ISLAND By TOWN OF SOUTHAMPTON By TOWN OF S HOLD By - 6 INC. VILLAGE DERING HARBOR By I INC. VILLAGE OF GREENPORT By INC. VILLAGE OF NORTH HAVEN By INC. VILLAGE OF SAG HARBOR By NEW YORK STATE DEPARTMENT OF TRANSPORTATION By Peconic Estuary Intermunicipal Agreement -10/28/13