HomeMy WebLinkAboutOrdinance 4558ORDINANCE NO, 4558
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND TO
APPROVE A FIVE YEAR CONTRACT FOR $186,173.00 PLUS A
CONTINGENCY OF $185617.00 FOR A TOTAL OF $204,790.00 WITH
THE NORTHWEST ARKANSAS REGIONAL PLANNING
COMMISSION FOR SERVICES BY THE UNIVERSITY OF
ARKANSAS COOPERATIVE EXTENSION SERVICE TO SATISFY
PORTIONS OF THE REQUIREMENTS OF THE NPDES PHASE II
STORMWATER PERMIT
WHEREAS, the City of Fayetteville, Arkansas along with other cities and counties
within the "urbanized area" in Benton and Washington County are federally mandated to
perform Six Minimum Control Measures by the Clean Water Act within the next five years; and
WHEREAS, the Northwest Arkansas Regional Planning Commission has offered to
coordinate the development of a Stormwater Education Program to be provided by the
University of Arkansas Cooperative Extension Service and to be jointly funded on a per capita
basis by numerous Northwest Arkansas cities and Washington and Benton counties; and
WHEREAS, by working together and jointly hiring the Northwest Arkansas Planning
Commission and U of A Cooperative Extension Service to perform portions of requirement #1
Public Education and Outreach; requirement #2 Public Involvement and Participation and
requirement #6 Pollution Prevention and Good Housekeeping, the cities and counties can much
more cost efficiently accomplish those requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists such that competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves the attached
contract with the Northwest Arkansas Planning Commission and University of Arkansas
Cooperative Extension Service in the amount of $186,173.00, plus a contingency of $18,617.00,
for a total of $204,790.00 over the five year life of this contract.
PASSED iMO,APPROVED this the 20'' day of April, 2004.
;FAYETTEVILLE; _ By:
DA N COODY, Mayor
ATTEST:
By:
S6MbWo SMITH, eity Clerk
MEMORANDUM OF UNDERSTANDING FOR THE
MS4 JURISDICTIONS OF NORTHWEST
ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, twelve cities in Benton and Washington Counties,
the counties themselves, and the University of Arkansas meet the U.S.
Environmental Protection Agency's "small" urbanized area municipal
separate storm sewer (MS4) criteria, and must comply with new national
Phase II Storm Water Regulations; and
WHEREAS, the Arkansas Department of Environmental Quality
(ADEQ), the state agency authorized by EPA to issue National Pollutant
Discharge Elimination System (NPDES) permits requiring and ensuring
compliance, has established April 30, 2004 as the latest date for affected
entities to be covered under Arkansas' general permit for MS4's; and
WHREAS, said permit requires development, implementation,
and evaluation of a storm water management plan, phased in over a 5-year
period, that addresses each of the six minimum control measures identified
in the Phase H Storm Water Regulations contained in 40 CFR 122.26 and
outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning
Commission (NWARPC) has coordinated meetings between
representatives of affected jurisdictions in an effort to determine, in the
interest of economy and efficiency, whether certain storm water permit
components could be addressed collectively, rather than individually; and
WHEREAS, it has been determined that a cost effective, regional
approach to certain minimum control measures required as part of the
permit -namely Public Education and Outreach, Public Involvement and
Participation, and the educational component of Pollution
Prevention/Good Housekeeping -is both logical and appropriate; and
WHEREAS, the NWARPC has requested and received statements
of qualifications from interested institutions and firms with demonstrated
water quality educational expertise, and has, in cooperation with
representatives of affected MS4 jurisdictions, endorsed the attached
proposal from the University of Arkansas Cooperative Extension Service;
and
WHEREAS, the ADEQ has subsequently endorsed the regional
concept and proposal for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4's have also
endorsed the distribution of costs associated with the proposal as shown
on the attached cost allocation plan; and
WHEREAS, the Board of Directors of the NWARPC have
authorized the Commission to act as the financial clearinghouse and
primary contractor, on behalf of said MS4's, in connection with said
proposal.
NOW, THEREFORE BE IT RESOLVED THAT WE, THE
UNDERSIGNED MS4 JURISDICTION, AGREE AS FOLLOWS:
SECTION 1. To participate in Year 1 of the attached 5-Year Regional Storm Water
Education Program, to be carried out by the University of Arkansas Cooperative
Extension Service through an engagement with the Northwest Arkansas Regional
Planning Commission, it being understood that said services to be provided shall satisfy
requirements for the federally mandated minimum control measures identified above.
SECTION 2. To participate financially in accordance with the attached cost allocation
plan. Any increases in the costs allocated to the undersigned MS4 due to the failure of
other MS4 jurisdictions to participate shall be subject to the approval of the undersigned
MS4.
SECTION 3. That all funds received by NWARPC from MS4's
for this specific project shall be accounted for separately from all other
Commission funds, and shall be passed through, in their entirety, to the
Cooperative Extension Service for services in connection with said Storm
Water Education Program.
Dated this 2[jday of &CZ1 92004,
City of Fayette Ile NWARPC
E
E
PROPOSAL
5-Year Regional Storm Water Education Program
University of Arkansas Cooperative Extension Service
Introduction
As the public education branch of the University of Arkansas, the mission of the
Cooperative Extension Service is to provide research -based information through non -formal
education to help Arkansans improve their economic well-being and the quality of their lives.
Over the past fourteen years, CES has established a reputation for effective agricultural and
urban nonpoint pollution prevention programs through 8 USDA- and EPA -funded water quality
education grants totaling $1,879,000.
The Mud Creek Urban Water Quality Project initiated in 1998 in Fayetteville served as
the first water quality education project to specifically target urban residents in the state of
Arkansas. Successful outreach and education programs have increased public awareness of
watershed dynamics, equipped urban residents with nonpoint pollution prevention knowledge
and offered opportunities for individual decisions and actions to protect water quality on a
community scale. To address the importance of homeowner decisions and actions, public
education programs have emphasized proper use, handling, and disposal of household hazardous
wastes and "blue thumb" lawn and garden care techniques. Hands-on activities taught youth
about the water cycle, stream and lake ecology, ground and surface water quality, pollution
prevention and water conservation. Throughout all programs, the message promoted was simple:
"Pay close attention to what you do in and around your home, because storm water runoff can
carry pollutants to regional water resources."
In Northwest Arkansas, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs,
Farmington, Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along
with Benton and Washington Counties and the University of Arkansas have been identified as
"small" municipal separate storm sewer systems (MS4s) that meet "urbanized area" criteria
based on 2000 U.S Census population data. In response to new EPA Phase II storm water
regulations, these MS4s are required to obtain an NPDES permit that includes a plan to
implement a storm water management program over the next five years. While each MS4s'
storm water management plan must address six minimum control measures, the expertise and
capacity of the University of Arkansas Cooperative Extension Service is well -suited to assist in
the implementation of three of these measures:
#1) Public Education and Outreach
#2) Public Involvement and Participation
#6) Pollution Prevention and Good Housekeepine (training for municipal employees)
Although each MS4 in Northwest Arkansas may choose to be individually permitted, a joint -
funded regional approach to these components is logical and very cost-effective.
The CES has a history of grassroots planning by utilizing key community leaders to 1)
identify emerging issues and community needs, 2) plan educational program content and
methods and 3) evaluate the impact of conducted programs. This same process will be utilized
in the development of storm water education committees to plan and assess regional outreach
and education efforts. A County Extension Agent will serve as the regional storm water
education coordinator, collaborating with CES Environmental and Natural Resource,
1
Horticulture, and Pest Management State Specialists on educational materials development and
municipal employee training. The CES Communications Section includes a team of writers and
graphic designers along with a full capacity print shop to produce professional press releases,
radio PSAs, displays, brochures and fact sheets. The coordinator will also supervise para-
professionals who will be trained to conduct school programs. Finally, the coordinator will be
responsible for tracking measurable program accomplishments, submitting annual reports to each
participating MS4 prior to the ADEQ annual reporting deadline.
It is understood that the MS4s may be restricted to one-year contracts that could be
renewed upon annual budget approval from city councils and Quorum Courts. However, since
the permit application requires a five-year plan for storm water management implementation, the
following plan of work and budget is based on a 5-year schedule.
Tasks and Obiectives
Task 1: Input and Planning
Objective: Develop education committees to identify informational needs and plan storm water
outreach, education and public participation programs in urbanized areas of participating MS4s
Subtask 1.1
Two geographically -based education
committees will be
developed consisting
of
10-13 members. Each committee will
include two of the
large MS4s and
their
contiguous surrounding UAs. Membership will be weighted according
to %
urbanized area population as follows:
Southern Storm Water Education Committee
Northern Storm Water Education
Committee
MS4
Representatives %
UA
MS4
Representatives
%
UA
Fayetteville
4 30.4
Rogers
3
21.0
Springdale
3 25.7
Bentonville
2
10.8
U of A
1 2.1
Lowell
1
2.8
Farmington
1 1.9
Benton County
1
1.1
Johnson
1 1.3
Little Flock
1
0.9
Washington
County 1 0.8
Bethel Heights
1
0.4
Elkins
1 0.4
Elm Springs
1
0.1
Greenland
1 0.3
Committee members will represent diverse backgrounds/interests and will
include, but not be limited to those affiliated with schools and/or youth programs,
regional businesses, civic organizations, Property Owner Associations (POAs)
public officials (City Council, Planning Commission and Quorum Court
members), etc.. Member representatives will be determined by MS4s.
Subtask 1.2 During initial meetings, committees will be presented with history and
background on components of EPA Phase II Storm Water regulations and
storm water dynamics. The importance and role of the committee
members will be emphasized in the context of the regional education
storm water education program. Committee input will then be used to
identify and plan 1) critical storm water issues, 2) target audiences, 3)
program methods and 4) public relations strategies, focusing on elements
outlined in the schedule of tasks (such as educational materials development in
Year 1).
Subtask 1.3 The committees will be reconvened at least twice a year to review and evaluate
program accomplishments and plan next steps.
Projected Accomplishments and Measurable Goals:
- Two storm water education committees will be established with 23 total members
that include representatives from all participating MS4s
- Each committee will meet at least twice each year
# of potential audiences and storm water education programs identified by committees
# of public outreach, education and participation programs implemented based on education
committee input
Task 2: Educational Materials Development
Objective: Gather, adapt and/or develop storm water fact sheets, brochures, posters and displays
for distribution with public outreach campaigns and education programs
Subtask 2.1 Education committee input will determine the topics of emphasis for printed
educational materials. Once topics have been identified, fact sheets will
be developed, adapted, and/or gathered for distribution at public meetings,
presentations, and with displays. In addition to committee priorities, a fact sheet
outlining the impact of nutrients in storm water runoff will be developed for
inclusion with CES lawn and garden soil test result mailings to city residents of
participating MS4s.
Subtask 2.2 In much the same way, education committee input will be used to identify storm
water topics to be developed into press releases, radio PSAs and utility billing
inserts to city residents. The committees will also determine a "schedule" for
promoting the topics during this initial 5-year regional storm water education
campaign (For example: Year 1- Emphasize storm water dynamics and regional
water resources, Year 2 — Emphasize lawn and garden management to protect
water quality, Year 3 — Emphasize proper use and disposal of household
hazardous products, etc.)
Subtask 2.3 Displays highlighting these topics of emphasis will be created for use at libraries,
banks, schools, local festivals and County Fairs.
Subtask 2.4 A regional storm water webpage will be developed to promote regional
waterways and their relationship to the Illinois River, Elk River and Beaver Lake
watersheds, explain urban storm water runoff dynamics, describe pollution
prevention techniques, and list storm water resource and contact information. The
website will be hosted by CES but linked to participating MS4 sites.
3
a i
Subtask 2.5 Once education committees have outlined a "Green Business" program
Framework (Subtask 3.6), a series of industry -specific fact sheets and posters will
be developed for distribution to regional businesses.
Subtask 2.6 The Urban Home*A*Syst environmental risk homesite self -assessment guide will
be modified to reflect Northwest Arkansas regional examples and resource
contact information.
Projected Accomplishments and Measurable Goals:
- A minimum of 6 fact sheets, brochures and posters will be created
- A minimum of 10 utility billing inserts will be developed
- A minimum of 10 press releases and PSAs created and submitted to media outlets
- A minimum of 5 storm water displays will be created
- A minimum of 3 industry -specific fact sheets will be developed
- A storm water website will be developed
- A NWA Urban Home*A*Syst will be available on CD and the website
Task 3: Public Outreach
Obiective: Increase public awareness of storm water dynamics, potential pollutant sources,
pathways to regional water resources and pollution prevention techniques
Subtask 3.1 Upcoming events, program successes and contact information will be promoted
through mass media sources.
Subtask 3.2 Storm water displays will be set up at regional libraries, schools, banks and public
events as planned by education committees at least 4 times each year.
Subtask 3.3 At least twice a year, storm water management and pollution prevention messages
will be provided to participating MS4s for inclusion in municipal utility bill
mailings to their residents.
Subtask 3.4 CES will include fertilization and nutrient management fact sheets in with lawn
and garden soil test result mailings for residents of participating MS4s.
Subtask 3.5 Education committees will help determine potential locations (at parks and along
roads that cross urban streams) to identify waterways and their drainage pathways
to regional water resources. Where available, CES will work through city and
county sign shops to create and install these outdoor, heavy -gauge aluminum
signs. If a participating MS4 does not have internal sign -making capabilities,
CES will work with local businesses to generate the creek signs, but the MS4 will
be financially responsible for them.
Subtask 3.6 A recognition program will be developed through the education committees to
acknowledge and promote regional "Green Businesses" with solid environmental
0
records and a commitment to storm water management. Member benefits may
include an awards program, training opportunities and increased visibility through
media promotion and listings on the regional storm water web site.
Proiected Accomplishments and Measurable Goals:
- Partnerships will be pursued with The Morning News, the Northwest Arkansas Times and the
Arkansas Democrat -Gazette, KFSM-5 News, KHOG Channel 29, KPOM/KFAA-TV, KUAF
91.3 FM and Cumulus Broadcasting and Clear Channel radio stations
- At least 20 storm water -related articles will be published
- At least 10 different public service announcements will be repeated on radio and TV
- Displays will be used at a minimum of 20 locations and/or events
- # of people at an event who saw the display (guest book) or took a pamphlet/booklet
- # of educational materials distributed
# of storm water inserts distributed with utility bills
# of landscaping and lawn care educational materials distributed with soil test results
# of creek signs installed
# of educational materials distributed to business owners and operators
# of facilities recognized under a "Green Business" awards program
Task 4: Public Education
Objective: Increase urban resident's knowledge and understanding of storm water dynamics and
incite individual BMP implementation to reduce storm water pollution
Subtask 4.1 Educational programs for school youth will focus on the water cycle, watersheds,
storm water dynamics, water quality and pollution prevention using the
EnviroScape surface runoff model, groundwater simulator, hands-on exercises
from Project WET, Project WILD, and Project Learning Tree and creekside
classrooms. Programs conducted in schools will support the Arkansas State
Framework required science curriculum for grades 3-5. Para -professionals will
be hired and trained to conduct storm water education programs for 4ch or 5ch
grade classes in the 33 elementary schools in Bentonville, Elkins, Farmington,
Fayetteville, Greenland, Springdale and Rogers.
Subtask 4.2 Educational presentations will be given at civic meetings, POAs, annual Master
Gardener Training sessions and public libraries to illustrate storm water
dynamics, identify potential pollutants and pathways, describe techniques to
reduce storm water pollution and encourage voluntary BMP implementation
(including reduced homesite storm water runoff, improved lawn and garden
management and automotive maintenance, and the proper use, handling and
disposal of household hazardous products).
5
Subtask 4.3 A Northwest Arkansas regional version of the Urban Home*A*Syst
environmental risk self -assessment tool will be promoted in conjunction with
civic presentations, Master Gardener training, fact sheets, displays, and the storm
water website.
Projected Accomplishments and Measurable Goals:
- At least 2,500 students will be reached through storm water education programs
- A minimum of 10 educational presentations will be given each year to adult audiences
- # of classes and schools that participate in storm water programs
- # of educational materials distributed to schools
- # of certificates given out for participation in storm water education
- # of participants who indicate a change in attitude/behavior following presentations
- # of Urban Home*A*Syst environmental risk self -assessments conducted
Task 5: Public Participation
Objective: Multiply efforts to educate the public about the link between storm drain systems and
regional water quality, instill a sense of public ownership of watershed resources and provide
permanence for storm water education programs
Subtask 5.1 Using a "Train -the -Trainer" process, storm water and pollution prevention will be
included in the 40 hours of training for 45-50 new Benton and Washington
County Master Gardeners during Year 2 through Year 5. In turn, these Master
Gardener volunteers will help educate area residents about soil testing, matching
fertilizer applications to plant needs, integrated pest management and composting.
Subtask 5.2 Education committee members, Master Gardeners and other potential volunteers
will be utilized to staff storm water displays at festivals, fairs and other events.
Subtask 5.3 Organizations including POAs, civic clubs, local Stream Teams, Extension
Homemakers, Master Gardeners and youth groups will be approached to stencil
storm drains with messages like "Do Not Dump, Drains Directly to River/Lake"
as community service projects.
Subtask 5.4 Similar citizen and youth groups will be encouraged to clean up/adopt local
creeks in conjunction with the Arkansas Game and Fish Commission's Stream
Team program.
Projected Accomplishments and Measurable Goals:
- A minimum of 100 Master Gardener volunteer hours will be spent on educating area residents
about proper fertilization, integrated pest management and backyard composting
- # of volunteer hours staffing displays at local fairs and festivals
- # of storm drain stenciling volunteers
- # of storm drains stenciled
- # of participants in Stream Team programs
A
Task 6: Training
Objective: Equip municipal employees with a knowledge and understanding of how to reduce
the potential impact of their activities on storm water quality
Subtask 6.2 Conduct training sessions for municipal employees on soil fertility and integrated
pest management practices.
Subtask 6.3 Conduct training sessions for municipal employees on hazardous product use,
handling and storage, and spill response.
Subtask 6.1 Conduct training sessions for municipal employees on vehicle maintenance,
fueling and washing.
Projected Accomplishments and Measurable Goals:
- At least 40 municipal employees trained in soil fertility and integrated pest management
- At least 40 municipal employees trained in vehicle maintenance
- At least 40 municipal employees trained in hazardous product management
- # of turf and garden care educational materials distributed to municipal employees
# of spill response and prevention educational materials distributed to municipal employees
# of used oil recycling educational materials distributed to municipal employees
# of vehicle washing educational materials distributed to municipal employees
Task 7: Evaluation and Reporting
Objective: Evaluate program efforts, track measurable results and annually report the progress
of each subtask.
Subtask 7.1 Evaluation tools will be used to assess the impact of storm water outreach and
education efforts including youth educational programs, public presentations,
Master Gardener trainings and the Urban Home*A*Syst self -assessment guide.
Subtask 7.2 Results of measurable goals will be tracked quarterly and submitted to NWARPC.
Subtask 7.3 Annual reports will be compiled and submitted to each participating MS4 one
month prior to the ADEQ Phase H annual reporting deadline.
VA
i
Schedule of Tasks
Task
Description
Start
1
Input and Planning
—Completion
1.1
Assemble education committees
Year 1
Year
1
1.2
Develop public awareness/educational program plans
Year 1
Year
5
1.3
Evaluate progress annually
Year 2
Year
5
2
Educational Material Development
2.1
Develop storm water fact sheets, brochures and posters
Year 1
Year
5
2.2
Write storm water briefs
Year 1
Year
5
2.3
Develop storm water displays
Year I
Year
5
2.4
Create storm water website
Year 1
Year
5
2.5
Develop industry -specific fact sheets
Year 2
Year
5
2.6
Adapt Urban Home*A*Syst for regional use
Year 2
Year
5
3
Public Outreach
3.1
Mass media promotion
Year 1
Year
5
3.2
Displays at libraries, banks, schools, etc.
Year 2
Year
5
3.3
Storm water information included in utility bills
Year 2
Year
5
3.4
Nutrient fact sheet mailed with soil test results
Year 2
Year
5
3.5
Install signs labeling waterways and runoff pathways
Year 3
Year
5
3.6
"Green Business" program
Year 3
Year
5
4
Public Education
4.1
Hands-on youth water quality programs
Year 1
Year
5
4.2
Presentations to civic organizations
Year 2
Year
5
4.3
Promote Urban Home*A*Syst
Year 2
Year
5
5
Public Participation
5.1
Master Gardeners
Year 1
Year
5
5.2
Staff displays at local fairs and festivals
Year 2
Year
5
5.3
Storm drain stenciling
Year 2
Year
5
5.4
Stream Teams
Year 3
Year
5
6
Municipal Employee Training
6.1
Soil fertility and integrated pest management
Year 2
Year
4
6.2
Hazardous product management
Year 2
Year
4
6.3
Vehicle maintenance
Year 3
Year
5
7
Evaluation and Reporting
7.1
Evaluate public education programs
Year 1
Year
5
7.2
Track results of measurable goals
Year 1
Year
5
7.3
Compile and submit annual reports (one month prior to
Year 1
Year
5
ADEQ annual reporting deadline
Budget
Category
Year 1
Year 2
Year 3
Year 4
Year 5
Personnel Salaries/Wages
(6 months)
(12 months)
(12 months)
(12 months)
(12 months)
FTE Salary Hours
County Agent/Coordinator 0.7 $45,000 11160
Part-time Para -Professionals 1.5 16,000 2,700
State Specialists 0.05 55,500 90
Part-time Secretary 0.5 17,300 900
$2%142
4,330
*$605031
*8,921
*$619832
*%189
*$63,687
*%464
*$65,598
*9,747
Fringe Benefits
Note: CSREES formula funds rate is 27.09%, Temp rate is 8.35 %
9,068
1 185679
19,240
197817
1 20,411
Travel
In -State
1,100
25200
2,200
21200
21200
Out -of State
750
1,500
1,500
1,500
11500
Materials and Supplies
Display board
1 ,000
Educational materials
200
200
500
500
Water testing kits
300
100
100
100
Creek sampling supplies
200
EnviroScape (runoff model)
19000
Laptop Computer
2,000
LCD projector
29400
Scanner
300
Color printer
300
Digital camera
500
Training
250
250
250
250
Printing
19000
1,000
13000
1,000
13000
Other Costs
Postage
100
500
500
500
500
Cellphone/pbonecard
600
13200
1,200
15200
17200
Total Direct Charges
4%590
97,981
98,211
9%368
102,156
Indirect Charges 0.28)
13,885
27,435
273499
27,823
28,604
Total Annual Costs
$639475
$125,416
$125 J10
$127 191
$130 760
Allows for 1.03% annual increase
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NAME OF FILE: Ordinance No. 4558
w/Memorandum of Understanding & proposal
CROSS REFERENCE:
Item # Date Document
1 03/31/04 memo to mayor & city council
2 draft ordinance
3 copy of 5 year regional storm water education program
4 copy of schedule of tasks
5 copy of budget
6 copy of ADEQ support
7 04/07/04 Staff Review
8 copy of memorandum
9 email to Gary Coover
10 email to Gary Coover
11 email from Mike Rozelle
12 06/04/04 letter to Mike Rozelle
13 06/10/04 memo to Mike Rozelle
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
0 9 y/Z/°Z/
City Council Meeting of April 20/, 2004 g65^
;IL AGENDA MEMO NINK 1 lD
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director
Date: March 31, 2004
Subject: Approval of a five-year contract and bid waiver in the amount of $239,000 with
the Northwest Arkansas Regional Planning Commission for a Stormwater
Education Program to be provided by the University of Arkansas Cooperative
Extension service to satisfy portions of the NPDES Phase II Stormwater Permit
requirements.
Staff recommends approval of the contract and bid waiver.
BACKGROUND
Mandated by Congress under the Clean Water Act, the NPDES Phase II Stormwater
Program is a comprehensive national program for addressing the non-agricultural sources
of stormwater discharges which adversely affect the quality of our nation's waters. The
Program uses the National Pollutant Discharge Elimination System (NPDES) permitting
mechanism to require the implementation of controls designed to prevent harmful
pollutants from being washed by stormwater runoff into local water bodies.
The EPA Storm Water Phase II Final Rule (December 8, 1999) requires operators of
regulated small municipal separate storm sewer systems (MS4s) to obtain a NPDES
permit and develop a storm water management program.
As the statewide permitting authority, ADEQ has issued a general permit to cover storm
water discharges from Regulated Small MS4s in the state. The permit effective date is
February 1, 2004. All regulated small MS4s in the state are required to apply for permit
coverage using the Notice of Intent (NOI) on or before April 30, 2004.
All regulated Small MS4s permitted under the general permit are required to develop and
implement a Storm Water Management Program (SWMP) to address each of the Six
Minimum Control Measures that are contained the federal regulation and Part V.B of the
ADEQ general permit. These SWMPs must be developed and fully implemented no
more than five (5) years from the effective date of the permit. The SWMP must include
MOV1651 B31 1
0
City Council Meeting of April 20, 2004
Best Management Practices (BMPs) for each of the six Minimum Control Measures
along with Measurable Goals and interim milestones:
1. Public Education and Outreach
2. Public Participation/Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post -Construction Runoff Control
6. Pollution Prevention/Good Housekeeping
DISCUSSION
In order to meet the State requirements under the General Permit for Stormwater
Discharge, it is proposed that the City enter into a contract with the Northwest Arkansas
Regional Planning Commission (NWARPC) regarding the Public Education and
Outreach and Public Participation/Involvement components required by the ADEQ
General Permit.
Through a request for qualification process, the Northwest Arkansas Regional Planning
Commission (NWARPC) has accepted a proposal (attached) from the University of
Arkansas Cooperative Extension Service (UA-CES) to provide all of the components
necessary to meet the requirements of the General Permit.
Realizing the benefits and cost-effectiveness of taking a regional approach to public
education, outreach and participation/involvement, the City of Fayetteville along with
most of the other cities in the Fayetteville -Springdale Urbanized Area will fund the
education program through the NWARPC who will contract directly with the UA-CES.
The total cost of the proposed UA-CES program is estimated to be $634,750 over the
next five years. The City of Fayetteville's portion of the total program cost is based on
percent population within the urbanized areas. The term of the agreement will be for the
remainder of the 2004 fiscal year and continue over the entire five year life of the permit.
This stormwater education program will satisfy two and one-half of the six required
"Minimum Control Measures". The City will still be responsible to make sure all of the
other NPDES Phase II requirements are met.
BUDGETIMPACT
This $239,000 expenditure is included in the Fiscal Year 2004 Budget in the Drainage
Study/Phase H Stormwater Management Account (Project #02097) in which various
drainage studies and Phase II stormwater projects are typically authorized when they are
identified by Staff. Approval of this Stormwater Education Program request will result in
a remaining balance of $428,139 in this account.
2
ORDINANCE NO.
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND
TO APPROVE A FIVE YEAR CONTRACT FOR $667,139.00
WITH THE NORTHWEST ARKANSAS REGIONAL
PLANNING COMMISSION FOR SERVICES BY THE UNIVERSITY
OF ARKANSAS COOPERATIVE EXTENSION SERVICE TO
SATISFY PORTIONS OF THE REQUIREMENTS OF THE NPDES
PHASE II STORMWATER PERMIT
WHEREAS, the City of Fayetteville, Arkansas along with other cities and counties
within the "urbanized area" in Benton and Washington County are federally mandated to
perform Six Minimum Control Measures by the Clean Water Act within the next five years; and
WHEREAS, the Northwest Arkansas Regional Planning Commission has offered to
coordinate the development of a Stormwater Education Program to be provided by the
University of Arkansas Cooperative Extension Service and to be jointly funded on a per capita
basis by numerous Northwest Arkansas cities and Washington and Benton counties; and
WHEREAS, by working together and jointly hiring the Northwest Arkansas Planning
Commission and U of A Cooperative Extension Service to perform portions of requirement #1
Public Education and Outreach; requirement #2 Public Involvement and Participation and
requirement #6 Pollution Prevention and Good Housekeeping, the cities and counties can much
more cost efficiently accomplish those requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
an exceptional situation exists such that competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves the attached
contract with the Northwest Arkansas Planning Commission and University of Arkansas
Cooperative Extension Service in the amount of $239,000.00 this year and a total of $667,139.00
over the five year life of this contract.
PASSED and APPROVED this the 6`h day of April, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED: 1*1
By: no
DAN COO , Mayor
PROPOSAL
5-Year Regional Storm Water Education Program
University of Arkansas Cooperative Extension Service
Introduction
As the public education branch of the University of Arkansas, the mission of the
Cooperative Extension Service is to provide research -based information through non -formal
education to help Arkansans improve their economic well-being and the quality of their lives.
Over the past fourteen years, CES has established a reputation for effective agricultural and
urban nonpoint pollution prevention programs through 8 USDA- and EPA -funded water quality
education grants totaling $1,879,000.
The Mud Creek Urban Water Quality Project initiated in 1998 in Fayetteville served as
the first water quality education project to specifically target urban residents in the state of
Arkansas. Successful outreach and education programs have increased public awareness of
watershed dynamics, equipped urban residents with nonpoint pollution prevention knowledge
and offered opportunities for individual decisions and actions to protect water quality on a
community scale. To address the importance of homeowner decisions and actions, public
education programs have emphasized proper use, handling, and disposal of household hazardous
wastes and "blue thumb" lawn and garden care techniques. Hands-on activities taught youth
about the water cycle, stream and lake ecology, ground and surface water quality, pollution
prevention and water conservation. Throughout all programs, the message promoted was simple:
"Pay close attention to what you do in and around your home, because storm water runoff can
carry pollutants to regional water resources."
In Northwest Arkansas, the cities of Bentonville, Bethel Heights, Elkins, Elm Springs,
Farmington, Fayetteville, Greenland, Johnson, Little Flock, Lowell, Springdale and Rogers along
with Benton and Washington Counties and the University of Arkansas have been identified as
"small" municipal separate storm sewer systems (MS4s) that meet "urbanized area" criteria
based on 2000 U.S Census population data. In response to new EPA Phase II storm water
regulations, these MS4s are required to obtain an NPDES permit that includes a plan to
implement a storm water management program over the next five years. While each MS4s'
storm water management plan must address six minimum control measures, the expertise and
capacity of the University of Arkansas Cooperative Extension Service is well -suited to assist in
the implementation of three of these measures:
#1) Public Education and Outreach
#2) Public Involvement and Participation
#6) Pollution Prevention and Good Housekeeping (training for municipal employees)
Although each MS4 in Northwest Arkansas may choose to be individually permitted, a joint -
funded regional approach to these components is logical and very cost-effective.
The CES has a history of grassroots planning by utilizing key community leaders to 1)
identify emerging issues and community needs, 2) plan educational program content and
methods and 3) evaluate the impact of conducted programs. This same process will be utilized
in the development of storm water education committees to plan and assess regional outreach
and education efforts. A County Extension Agent will serve as the regional storm water
education coordinator, collaborating with CES Environmental and Natural Resource,
Horticulture, and Pest Management State Specialists on educational materials development and
municipal employee training. The CES Communications Section includes a team of writers and
graphic designers along with a full capacity print shop to produce professional press releases,
radio PSAs, displays, brochures and fact sheets. The coordinator will also supervise para-
professionals who will be trained to conduct school programs. Finally, the coordinator will be
responsible for tracking measurable program accomplishments, submitting annual reports to each
participating MS4 prior to the ADEQ annual reporting deadline.
It is understood that the MS4s may be restricted to one-year contracts that could be
renewed upon annual budget approval from city councils and Quorum Courts. However, since
the permit application requires a five-year plan for storm water management implementation, the
following plan of work and budget is based on a 5-year schedule.
Tasks and Objectives
Task 1: Input and Planning
Objective: Develop education committees to identify informational needs and plan storm water
outreach, education and public participation programs in urbanized areas of participating MS4s
Subtask 1.1 Two geographically -based education committees will be developed consisting of
10-13 members. Each committee will include two of the large MS4s and their
contiguous surrounding UAs. Membership will be weighted according to %
urbanized area population as follows:
Southern Storm Water Education Committee
MS4
Representatives
%
UA
Fayetteville
4
30.4
Springdale
3
25.7
UofA
1
2.1
Farmington
1
1.9
Johnson
1
1.3
Washington
County 1
0.8
Elkins
1
0.4
Greenland
1
0.3
Northern Storm Water Education Committee
MS4 Representatives
% UA
Rogers
3
21.0
Bentonville
2
10.8
Lowell
1
2.8
Benton County
1
1.1
Little Flock
1
0.9
Bethel Heights
1
0.4
Elm Springs
1
0.1
Committee members will represent diverse backgrounds/interests and will
include, but not be limited to those affiliated with schools and/or youth programs,
regional businesses, civic organizations, Property Owner Associations (POAs)
public officials (City Council, Planning Commission and Quorum Court
members), etc.. Member representatives will be determined by MS4s.
Subtask 1.2 During initial meetings, committees will be presented with history and
background on components of EPA Phase II Storm Water regulations and
storm water dynamics. The importance and role of the committee
members will be emphasized in the context of the regional education
storm water education program. Committee input will then be used to
identify and plan 1) critical storm water issues, 2) target audiences, 3)
program methods and 4) public relations strategies, focusing on elements
outlined in the schedule of tasks (such as educational materials development in
Year 1).
Subtask 1.3 The committees will be reconvened at least twice a year to review and evaluate
program accomplishments and plan next steps.
Projected Accomplishments and Measurable Goals:
- Two storm water education committees will be established with 23 total members
that include representatives from all participating MS4s
- Each committee will meet at least twice each year
- # of potential audiences and storm water education programs identified by committees
- # of public outreach, education and participation programs implemented based on education
committee input
Task 2: Educational Materials Development
Objective: Gather, adapt and/or develop storm water fact sheets, brochures, posters and displays
for distribution with public outreach campaigns and education programs
Subtask 2.1 Education committee input will determine the topics of emphasis for printed
educational materials. Once topics have been identified, fact sheets will
be developed, adapted, and/or gathered for distribution at public meetings,
presentations, and with displays. In addition to committee priorities, a fact sheet
outlining the impact of nutrients in storm water runoff will be developed for
inclusion with CES lawn and garden soil test result mailings to city residents of
participating MS4s.
Subtask 2.2 In much the same way, education committee input will be used to identify storm
water topics to be developed into press releases, radio PSAs and utility billing
inserts to city residents. The committees will also determine a "schedule" for
promoting the topics during this initial 5-year regional storm water education
campaign (For example: Year 1- Emphasize storm water dynamics and regional
water resources, Year 2 — Emphasize lawn and garden management to protect
water quality, Year 3 — Emphasize proper use and disposal of household
hazardous products, etc.)
Subtask 2.3 Displays highlighting these topics of emphasis will be created for use at libraries,
banks, schools, local festivals and County Fairs.
Subtask 2.4 A regional storm water webpage will be developed to promote regional
waterways and their relationship to the Illinois River, Elk River and Beaver Lake
watersheds, explain urban storm water runoff dynamics, describe pollution
prevention techniques, and list storm water resource and contact information. The
website will be hosted by CES but linked to participating MS4 sites.
•
CJ
Subtask 2.5 Once education committees have outlined a "Green Business" program
Framework (Subtask 3.6), a series of industry -specific fact sheets and posters will
be developed for distribution to regional businesses.
Subtask 2.6 The Urban Home*A*Syst environmental risk homesite self -assessment guide will
be modified to reflect Northwest Arkansas regional examples and resource
contact information.
Projected Accomplishments and Measurable Goals:
- A minimum of 6 fact sheets, brochures and posters will be created
- A minimum of 10 utility billing inserts will be developed
- A minimum of 10 press releases and PSAs created and submitted to media outlets
- A minimum of 5 storm water displays will be created
- A minimum of 3 industry -specific fact sheets will be developed
- A storm water website will be developed
- A NWA Urban Home*A*Syst will be available on CD and the website
Task 3: Public Outreach
Objective: Increase public awareness of storm water dynamics, potential pollutant sources,
pathways to regional water resources and pollution prevention techniques
Subtask 3.1 Upcoming events, program successes and contact information will be promoted
through mass media sources.
Subtask 3.2 Storm water displays will be set up at regional libraries, schools, banks and public
events as planned by education committees at least 4 times each year.
Subtask 3.3 At least twice a year, storm water management and pollution prevention messages
will be provided to participating MS4s for inclusion in municipal utility bill
mailings to their residents.
Subtask 3.4 CES will include fertilization and nutrient management fact sheets in with lawn
and garden soil test result mailings for residents of participating MS4s.
Subtask 3.5 Education committees will help determine potential locations (at parks and along
roads that cross urban streams) to identify waterways and their drainage pathways
to regional water resources. Where available, CES will work through city and
county sign shops to create and install these outdoor, heavy -gauge aluminum
signs. If a participating MS4 does not have internal sign -making capabilities,
CES will work with local businesses to generate the creek signs, but the MS4 will
be financially responsible for them.
Subtask 3.6 A recognition program will be developed through the education committees to
acknowledge and promote regional "Green Businesses" with solid environmental
records and a commitment to storm water management. Member benefits may
include an awards program, training opportunities and increased visibility through
media promotion and listings on the regional storm water web site.
Projected Accomplishments and Measurable Goals: .
- Partnerships will be pursued with The Morning News, the Northwest Arkansas Times and the
Arkansas Democrat -Gazette, KFSM-5 News, KHOG Channel 29, KPOM/KFAA-TV, KUAF
91.3 FM and Cumulus Broadcasting and Clear Channel radio stations
- At least 20 storm water -related articles will be published
- At least 10 different public service announcements will be repeated on radio and TV
- Displays will be used at a minimum of 20 locations and/or events
- # of people at an event who saw the display (guest book) or took a pamphlet/booklet
- # of educational materials distributed
- # of storm water inserts distributed with utility bills
- # of landscaping and lawn care educational materials distributed with soil test results
- # of creek signs installed
# of educational materials distributed to business owners and operators
# of facilities recognized under a "Green Business" awards program
Task 4: Public Education
Objective: Increase urban resident's knowledge and understanding of storm water dynamics and
incite individual BMP implementation to reduce storm water pollution
Subtask 4.1 Educational programs for school youth will focus on the water cycle, watersheds,
storm water dynamics, water quality and pollution prevention using the
EnviroScape surface runoff model, groundwater simulator, hands-on exercises
from Project WET, Project WILD, and Project Learning Tree and creekside
classrooms. Programs conducted in schools will support the Arkansas State
Framework required science curriculum for grades 3-5. Para -professionals will
be hired and trained to conduct storm water education programs for 4'h or 51h
grade classes in the 33 elementary schools in Bentonville, Elkins, Farmington,
Fayetteville, Greenland, Springdale and Rogers.
Subtask 4.2 Educational presentations will be given at civic meetings, POAs, annual Master
Gardener Training sessions and public libraries to illustrate storm water
dynamics, identify potential pollutants and pathways, describe techniques to
reduce storm water pollution and encourage voluntary BMP implementation
(including reduced homesite storm water runoff, improved lawn and garden
management and automotive maintenance, and the proper use, handling and
disposal of household hazardous products).
Subtask 4.3 A Northwest Arkansas regional version of the Urban Home*A*Syst
environmental risk self -assessment tool will be promoted in conjunction with
civic presentations, Master Gardener training, fact sheets, displays, and the storm
water website.
Projected Accomplishments and Measurable Goals:
- At least 2,500 students will be reached through storm water education programs
- A minimum of 10 educational presentations will be given each year to adult audiences
- # of classes and schools that participate in storm water programs
- # of educational materials distributed to schools
- # of certificates given out for participation in storm water education
- # of participants who indicate a change in attitude/behavior following presentations
- # of Urban Home*A*Syst environmental risk self -assessments conducted
Task 5: Public Participation
Objective: Multiply efforts to educate the public about the link between storm drain systems and
regional water quality, instill a sense of public ownership of watershed resources and provide
permanence for storm water education programs
Subtask 5.1 Using a "Train -the -Trainer" process, storm water and pollution prevention will be
included in the 40 hours of training for 45-50 new Benton and Washington
County Master Gardeners during Year 2 through Year 5. In turn, these Master
Gardener volunteers will help educate area residents about soil testing, matching
fertilizer applications to plant needs, integrated pest management and composting.
Subtask 5.2 Education committee members, Master Gardeners and other potential volunteers
will be utilized to staff storm water displays at festivals, fairs and other events.
Subtask 5.3 Organizations including POAs, civic clubs, local Stream Teams, Extension
Homemakers, Master Gardeners and youth groups will be approached to stencil
storm drains with messages like "Do Not Dump, Drains Directly to River/Lake"
as community service projects.
Subtask 5.4 Similar citizen and youth groups will be encouraged to clean up/adopt local
creeks in conjunction with the Arkansas Game and Fish Commission's Stream
Team program.
Projected Accomplishments and Measurable Goals:
- A minimum of 100 Master Gardener volunteer hours will be spent on educating area residents
about proper fertilization, integrated pest management and backyard composting
- # of volunteer hours staffing displays at local fairs and festivals
- # of storm drain stenciling volunteers
- # of storm drains stenciled
- # of participants in Stream Team programs
Task 6: Training
Objective: Equip municipal employees with a knowledge and understanding of how to reduce
the potential impact of their activities on storm water quality
Subtask 6.2 Conduct training sessions for municipal employees on soil fertility and integrated
pest management practices.
Subtask 6.3 Conduct training sessions for municipal employees on hazardous product use,
handling and storage, and spill response.
Subtask 6.1 Conduct training sessions for municipal employees on vehicle maintenance,
fueling and washing.
Projected Accomplishments and Measurable Goals:
- At least 40 municipal employees trained in soil fertility and integrated pest management
- At least 40 municipal employees trained in vehicle maintenance
- At least 40 municipal employees trained in hazardous product management
- # of turf and garden care educational materials distributed to municipal employees
# of spill response and prevention educational materials distributed to municipal employees
# of used oil recycling educational materials distributed to municipal employees
- # of vehicle washing educational materials distributed to municipal employees
Task 7: Evaluation and Reporting
Objective: Evaluate program efforts, track measurable results and annually report the progress
of each subtask.
Subtask 7.1 Evaluation tools will be used to assess the impact of storm water outreach and
education efforts including youth educational programs, public presentations,
Master Gardener trainings and the Urban Home*A*Syst self -assessment guide.
Subtask 7.2 Results of measurable goals will be tracked quarterly and submitted to NWARPC.
Subtask 7.3 Annual reports will be compiled and submitted to each participating MS4 one
month prior to the ADEQ Phase II annual reporting deadline.
r
Schedule of Tasks
Task
Description
Start
1
Input and Planning
—Completion
1.1
Assemble education committees
Year 1
Year 1
1.2
Develop public awareness/educational program plans
Year 1
Year 5
1.3
Evaluate progress annually
Year 2
Year 5
2
Educational Material Development
2.1
Develop storm water fact sheets, brochures and posters
Year 1
Year 5
2.2
Write storm water briefs
Year 1
Year 5
2.3
Develop storm water displays
Year 1
Year 5
2.4
Create storm water website
Year 1
Year 5
2.5
Develop industry -specific fact sheets
Year 2
Year 5
2.6
Adapt Urban Home*A*Syst for regional use
Year 2
Year 5
3
Public Outreach
3.1
Mass media promotion
Year 1
Year 5
3.2
Displays at libraries, banks, schools, etc.
Year 2
Year 5
3.3
Storm water information included in utility bills
Year 2
Year 5
3.4
Nutrient fact sheet mailed with soil test results
Year 2
Year 5
3.5
Install signs labeling waterways and runoff pathways
Year 3
Year 5
3.6
"Green Business" program
Year 3
Year 5
4
Public Education
4.1
Hands-on youth water quality programs
Year 1
Year 5
4.2
Presentations to civic organizations
Year 2
Year 5
4.3
Promote Urban Home*A*Syst
Year 2
Year 5
5
Public Participation
5.1
Master Gardeners
Year 1
Year 5
5.2
Staff displays at local fairs and festivals
Year 2
Year 5
5.3
Storm drain stenciling
Year 2
Year 5
5.4
Stream Teams
Year 3
Year 5
6
Municipal Employee Training
6.1
Soil fertility and integrated pest management
Year 2
Year 4
6.2
Hazardous product management
Year 2
Year 4
6.3
Vehicle maintenance
Year 3
Year 5
7
Evaluation and Reporting
7.1
Evaluate public education programs
Year 1
Year 5
7.2
Track results of measurable goals
Year 1
Year 5
7.3
Compile and submit annual reports (one month prior to
Year 1
Year 5
ADEQ annual reporting deadline)
•
Budzet
Category
Year 1
Year 2
Year 3
Year 4
Year 5
Personnel Salaries/Wages
(6 months)
(12 months)
(12 months)
(12 months)
(12 months)
FTE Salary Hours
County Agent/Coordinator 0.7 $459000 19260
Part-time Para -Professionals 1.5 16,000 2,700
State Specialists 0.05 559500 90
Part-time Secretary 0.5 17,300 900
$29,142
45330
*$60,031
*85921
*$613832
*%189
*$63,687
*%464
*$65,598
*9,747
Fringe Benefits
Note: CSREES formula funds rate is 27.09%, Temp rate is 835 %
%068
18,679
1 %240
195817
20,411
Travel
In -State
1,100
21200
2,200
21200
1 29200
Out -of state
750
11500
11500
1,500
1,500
Materials and Supplies
Display board
15000
Educational materials
200
200
500
500
Water testing kits
300
100
100
100
Creek sampling supplies
200
EnviroScape (runoff model)
1,000
Laptop Computer
2,000
LCD projector
29400
Scanner
300
Color printer
300
Digital camera
500
Training
250
250
250
250
Printing
15000
1,000
1,000
1,000
1,000
Other Costs
Postage
100
500
500
500
500
Cell phone/phone card
600
15200
1,200
1,200
1,200
Total Direct Charges
1 49,590
1 97,981
1 989211
9%368
102,156
Indirect Charges (0.28)
13,885
27,435
27,499
277823
28,604
Total Annual Costs
$639475
$1259416
$1259710
$1279191
$1309760
*Allows for 1.03% annual increase
Katie Teague
Cooperative Extension Service
(479)444-1755
For Immediate Release
(252 words)
ADEQ Supports Regional Storm Water Education Program
In Northwest Arkansas, 12 cities in Benton and Washington Counties, the counties
themselves and the University of Arkansas meet the U.S. Environmental Protection Agency's
"small" urbanized area municipal separate storm sewer (MS4) criteria and must comply with
new national Phase II Storm Water regulations.
Although the affected MS4s will develop their own storm water management plan and be
permitted individually through the Arkansas Department of Environmental Quality (ADEQ), the
Northwest Arkansas Regional Planning Commission is helping the MS4s collaborate regionally
on the educational components of the regulations.
"The Department is very much in favor of this sort of combined effort," said Martin
Maner, ADEQ Water Division Chief.
A regional storm water education program proposed by the University of Arkansas
Cooperative Extension Service addresses the Public Education/Outreach, Public
Involvement/Participation and Pollution Prevention/Good Housekeeping minimum control
measures outlined in the federal regulations. The Cooperative Extension Service's five-year
storm water education plan of work includes local input and planning, educational material
development, mass media promotion, creek signage, storm drain stenciling, hands-on youth
programs, civic presentations, "green business" programs, and training for municipal employees.
MS4 representatives are in the midst of gamering support from their respective City
Council and Quorum Court members for participation in the regional education effort. Once
approved, the Northwest Arkansas Regional Planning Commission will serve as the link between
participating MS4s and the University of Arkansas Cooperative Extension Service.
"With the growing water quality concerns in the Northwest Arkansas area, the coalition
of the municipalities in that area is vital to protecting our most precious resource," said Maner.
Storm water management plans outlining five-year implementation schedules for the six
required minimum control measures are due to ADEQ by May 1, 2004.
-30-
STAFF REVIEW FORM - FINANCIAL OBLIGATION
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: April 20,2004
FROM:
Gary R. Coover Engineering
Name Division
CP&ES
Department
ACTION REQUIRED: Request for City Council approval of a five-year contract with the Northwest Arkansas
Regional Planning. Commission (NWARPC) to provide stormwater education services for compliance with two
complete sections and portions of a third section of the five-year NPDES Phase II Stormwater Permit.
COST TO CITY:
$239,000.00 $ 662,684.00
Cost of this request Category/Project Budget
4470-9470-5314.00 $
Account Number
Drainage Study/Phase II Stormwater
Program Category / Project Name
15,545.00 NWARPC Stormwater Education
Funds Used to Date
02097-0040 $ 667,139.00
Project Number Remaining Balance
BUDGET REVIEW: Budgeted Item
Budget Manager Date
Program / Project Category Name
Sales Tax
Fund Name
Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Accounting Ma ger J Date Internal Au itor Date
City At orne Date Purchasing Manager Date
STAF RECOMMEND N: pp�"
Received in Mayor's Office D q
-Bivision Head Date Date
Cross Reference:
Departmen irector Date
AAPrevious Ord/Res#:
Finance & Internal Services Dir. Date Orig. Contract Date:
Orig. Contract Number:
� te
New Item: Yes No
Da e �5O
MEMORANDUM OF UNDERSTANDING FOR THE MS4 JURISDICTIONS
OF NORTHWEST ARKANSAS AND THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION
WHEREAS, twelve cities in Benton and Washington Counties, the counties
themselves, and the University of Arkansas meet the U.S. Environmental Protection
Agency's "small" urbanized area municipal separate storm sewer (MS4) criteria,
and must comply with new national Phase II Storm Water Regulations; and
WHEREAS, the Arkansas Department of Environmental Quality (ADEQ),
the state agency authorized by EPA to issue National Pollutant Discharge
Elimination System (NPDES) permits requiring and ensuring compliance, has
established April 30, 2004 as the latest date for affected entities to be covered under
Arkansas' general permit for MS4's; and
WHEREAS, said permit requires development, implementation, and
evaluation of a storm water management plan, phased in over a 5-year period, that
addresses each of the six minimum control measures identified in the Phase II
Storm Water Regulations contained in 40 CFR 122.26 and outlined in Part I.B.; and
WHEREAS, the Northwest Arkansas Regional Planning Commission
(NWARPC) has coordinated meetings between representatives of affected
jurisdictions in an effort to determine, in the interest of economy and efficiency,
whether certain storm water permit components could be addressed collectively,
rather than individually; and
WHEREAS, it has been determined that a cost effective, regional approach
to certain minimum control measures required as part of the permit -namely Public
Education and Outreach, Public Involvement and Participation, and the educational
component of Pollution Prevention/Good Housekeeping -is both logical and
appropriate; and
WHEREAS, the NWARPC has requested and received statements of
qualifications from interested institutions and firms with demonstrated water quality
educational expertise, and has, in cooperation with representatives of affected MS4
jurisdictions, endorsed the attached proposal from the University of Arkansas
Cooperative Extension Service; and
WHEREAS, the ADEQ has subsequently endorsed the regional concept
and proposal for addressing said minimum control measures; and
WHEREAS, said representatives of affected MS4's have also endorsed the
distribution of costs associated with the proposal as shown on the attached cost
allocation plan; and
WHEREAS, the Board of Directors of the NWARPC have authorized the
Commission to act as the financial clearinghouse and primary contractor, on behalf
of said MS4's, in connection with said proposal.
NOW, THEREFORE BE IT RESOLVED THAT WE, THE
UNDERSIGNED MS4 JURISDICTION, AGREE AS FOLLOWS:
Section 1. To participate in Year 1 of the attached 5-Year Regional Storm
Water Education Program, to be carried out by the University of Arkansas
Cooperative Extension Service through an engagement with the Northwest
Arkansas Regional Planning Commission, it being understood that said services to
be provided shall satisfy requirements for the federally mandated minimum control
measures identified above. Commitments for participation in said program in
future years will require City Council approval on a year-to-year basis.
Section 2. To participate financially in accordance with the attached cost
allocation plan. Any increases in the costs allocated to the undersigned MS4 due to
the failure of other MS4 jurisdictions to participate shall be subject to the approval
of the undersigned MS4.
Section 3. That all funds received by NWARPC from MS4's for this specific
project shall be accounted for separately from all other Commission funds, and shall
be passed through, in their entirety, to the Cooperative Extension Service for
services in connection with said Storm Water Education Program.
Dated this o2&N day of idprif 12004.
CITY OF FA
NWARPC
Clarice Pearman - NWARPC 5- ear con Page 1
From: Clarice Pearman
To: Coover, Gary
Date: 4/30104 3:39PM
Subject: NWARPC 5-year contract
I am stilling holding the resolution passed by the City Council on April 20th. I still need a signed contract
from NWARPC. Please let me know when I might expect to receive this. thanks and have a good
weekend.
From: Clarice Pearman
To: Coover, Gary
Date: 5/11 /04 2:48PM
Subject: Northwest Arkansas Regional Planning
Just another reminder, I am stilling holding the ordinance passed by the City Council on April 20th. I still
need a signed contract from NWARPC. Please let me know when I might expect to receive this. Thanks
and have a good day.
Clarice Pearman - Re: Northwest Arkansoanninq Commission Page 1
From: Mike Rozelle
To: Pearman, Clarice
Date: 617/04 8:26AM
Subject: Re: Northwest Arkansas Planning Commission
I heard from Paul Justus just the other day. We should be getting a signed original from NWARP today or
tomorrow so that we can get the mayor to sign.
Mike Rozelle, PE
Staff Engineer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479)575-8208
>>> Clarice Pearman 06/02/04 03:40PM >>>
Please let me know the status of the getting a signed agreement for Ordinance 4558.
Thanks.
Clarice
u
ARKANSAS
REGIONAL
PLANNING
COMMISSION
Mike Rozelle, PE
Staff Engineer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479)575-8208
June 4, 2004
Mike:
1311-A CLAYTON ST. SPRINGDALE, ARKANSAS 72762
(479) 751-7125 FAX (479) 751-7150
�IECT9171D
JUN - 7 2004
Enclosed is the signed Memorandum of Understanding for the Cooperative Extension
Service Stormwater Education Program. Please have Mayor Coody sign on the
appropriate line.
If you can, please send us a copy of the signed MOU.
Thank you,
Paul Justus
NWARPC
PLANNING - MANAGEMENT - IMPLEMENTATION
a continuing process
FAYETTEVILLE �
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Mike Rozelle
Engineering Division ,�Q
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: June 10, 2004
Re: Ordinance No. 4558
The City Council passed a ordinance, April 20, 2004, waiving the bidding process and approving an
agreement with the Northwest Arkansas Regional Planning Commission and University of Arkansas
Cooperative Extension Service for then to assist in completing requirements of the NPDES Phase II Storm
water Permit. 1 have attached a copy of that agreement along with the ordinance.
The
ordinance with
attachments will be recorded in the city clerk's office and microfilmed.
If anything
else
is needed please
let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor