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Home My WebLink About99-10 RESOLUTIONRESOLUTION NO. 99-10 A RESOLUTION AUTHORIZING PARTICIPATION IN COOPERATIVE REGIONAL EFFORTS TO MONITOR, EVALUATE, AND REPORT THE LIKELY EFFECTS THAT FUTURE PROPOSED CHANGES TO STREAM STANDARDS AND WASTEWATER DISCHARGE REQUIREMENTS MAY HAVE ON NORTHWEST ARKANSAS WHEREAS, key components in federal efforts to achieve the goals and objectives of the Clean Water Act involve discharge standards and limitations for wastewater treatment facilities, and the establishment of total maximum daily loads (TMDL's) for receiving streams; and WHEREAS, local governments, at substantial cost to ratepayers, have made extensive investments in wastewater facilities and operations to achieve compliance with prescribed regulatory standards; and WHEREAS, it appears that federal authorities may be poised, through consideration of methods other than those that were utilized in establishing current permit requirements, to impose more stringent standards which will render inadequate recently constructed and improved wastewater treatment facilities in the region; and WHEREAS, considering the potential impact on ratepayers and the overall economic impact on the region, it is imperative that proposed changes to water quality standards and discharge requirements be based on sound science, be achievable from a scientific standpoint, be economically feasible; and represent fair, equitable and necessary measures to comply with the goals and objectives of the Clean Water Act; and WHEREAS, in the interest of economy and efficiency, a cooperative regional approach should be undertaken to analyze the issues, the potential impacts and the best collective responses of various approaches to meet the newly proposed standards. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to negotiate and enter into a cooperative agreement with Springdale, Rogers, Bentonville and Siloam Springs to analyze various alternatives to address the proposed establishment of certain TMDL's for receiving streams and the likely imposition of substantially more stringent wastewater discharge limitations. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or a designee appointed by the Mayor, to represent the City of Fayetteville on all matters associated with this regional problem and possible solutions. Page 2 Resolution No. 99-10 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes this cooperative regional effort to be organized through the Northwest Arkansas Regional Planning Commission. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment from the water and sewer budget of $30,000.00 and a share of the total expenses for this contract not to exceed 20%. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby states that this Resolution does not commit the City of Fayetteville to any action beyond its fair share of the regional analysis study, does not authorize litigation or any expenditure to prepare for litigation, nor any expenditure or commitment above the authorized $30,000.00. PASSED and APPROVED this 1St day of June, 2010. APPROVED By: L LD JO N, Mayor ATTEST: E. SMITH, City Clerk o„nirrrrr ``o�j e � cC"R c/TR °fi � • :F. Cjr FAYETTEVILLE: �* R r David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/1/2010 City Council Meeting Date Agenda Items Only Water/Wastewater Division Action Required: Utilities Department Resolution authorizing participation in cooperative regional efforts to monitor and evaluate, and to report, the likely effects that future proposed changes to stream standards, and wastewater discharge requirements, may have on Northwest Arkansas, and approve a budget adjustment for $30,000. 30,000.00 Cost of this request 5400.5120.5314.00 Account Number I 0°7,1 11]626-10 Project Number Budgeted Item Category 1 Project Budget $ Phosphorus Reduction Program Category / Project Name Wastewater Treatment Funds Used to Date Program / Project Category Name Water and Sewer Remaining Balance Fund Name Budget Adjustment Attached XX u ►' A l L Dep.- ent • ector Date • -~� 'L(a, Ze I.0 City Attorney ate Q. Finance and Internal Services Director 5-Z7-164,6 Date 5"."....1 Date L---141Zb Da Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: N/A N/A N/A Received in City Clerk's Office Received in Mayor's Office Comments: Revised January 15, 2009 1rettrville CITY COUNCIL AGENDA MEMO MEETING DATE OF JUNE 1, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff Water/Sewer Committee From: David Jurgens, Utilities Director Date: 26 May 2010 v� Subject: Resolution authorizing participation in cooperative regional efforts relating to phosphorus, future proposed changes to stream standards, and wastewater discharge requirements, and approve a budget adjustment RECOMMENDATION Fayetteville City Administration recommends approval of a resolution authorizing participation in cooperative regional efforts to monitor and evaluate, and to report, the likely effects that future proposed changes to stream standards, and wastewater discharge requirements, may have on Northwest Arkansas. Approve a budget adjustment for $30,000. BACKGROUND Phosphorus issues in the Illinois River have a long history, culminating in the recent permit to NACA having a NPDES discharge permit limit of 0.1 ppm as of June 30, 2012. Fayetteville's West Side WWTP permit has a 1.0 phosphorus limit, which was anticipated to meet all future requirements; the permit expires December, 2010. McGoodwin, Williams, & Yates and Black & Veatch are together evaluating what phosphorus reduction alternatives are viable for the West Side and Noland WWTPs, respectively. These reports are due in July. DISCUSSION The Cities of Fayetteville, Springdale, Rogers, Bentonville, and Siloam Springs are working together in an effort to ensure our interests are fully represented in any future decisions that may be made by EPA Region 6 relating to phosphorus, future proposed changes to stream standards, and wastewater discharge requirements. There is a meeting scheduled for June 24, 2010, at Region 6 headquarters in Dallas, when the mayors will personally present the issue to EPA. The group is considering hiring a single representative, well experienced in water quality and EPA negotiations, to represent the group. The $30,000 is the maximum expected for Fayetteville's equal share in the consultant expense. Fayetteville is paying no more than 20% of the total cost, which is split equally between the five cities. Fayetteville's focus is that we are well into many activities that protect our watersheds generally and reduce nutrients very specifically. The Nutrient Reduction Plan, riparian zone ordinance, low impact development ordinance, aggressive public education campaigns, evaluation of the stormwater utility, and strict stormwater management are all examples of efforts completed, underway, and programmed in the future. We believe these efforts can produce better results for water quality at significantly reduced cost from simply reducing the. WWTP permit limits. BUDGET IMPACT The $30,000 will be funded from the $504,145 rebate of savings in 2009 wastewater treatment operations. Phos EPA Meet CCMemo JunlO.doc RESOLUTION NO, A RESOLUTION AUTHORIZING PARTICIPATION IN COOPERATIVE REGIONAL EFFORTS TO MONITOR, EVALUATE, AND REPORT THE LIKELY EFFECTS THAT FUTURE PROPOSED CHANGES TO STREAM STANDARDS AND WASTEWATER DISCHARGE REQUIREMENTS MAY MAY HAVE ON NORTHWEST ARKANSAS WHEREAS, key components in federal efforts to achieve the goals and objectives of the Clean Water Act involve discharge standards and limitations for wastewater treatment facilities, and the establishment of total maximum daily loads (TMDL's) for receiving streams; and WHEREAS, local governments, at substantial cost to ratepayers, have made extensive investments in wastewater facilities and operations to achieve compliance with prescribed regulatory standards; and WHEREAS, it appears that federal authorities may be poised, through consideration of methods other than those that were utilized in establishing current permit requirements, to impose more stringent standards which will render inadequate recently constructed and improved wastewater treatment facilities in the region; and WHEREAS, considering the potential impact on ratepayers and the overall economic impact on the region, it is imperative that proposed changes to water quality standards and discharge requirements be based on sound science, be achievable from a scientific standpoint, be economically feasible; and represent fair, equitable and necessary measures to comply with the goals and objectives of the Clean Water Act; and WHEREAS, in the interest of economy and efficiency, a cooperative regional approach should be undertaken to analyze the issues, the potential impacts and the best collective responses of various approaches to meet the newly proposed standards. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to negotiate and enter into a cooperative agreement with Springdale, Rogers, Bentonville and Siloam Springs to analyze various alternatives to address the proposed establishment of certain TMDL's for receiving streams and the likely imposition of substantially more stringent wastewater discharge limitations. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor or a designee appointed by the Mayor, to represent the City of Fayetteville on all matters associated with this regional problem and possible solutions. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes this cooperative regional effort to be organized through the Northwest Arkansas Regional Planning Commission. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached budget adjustment from the water and sewer budget of $30,000.00 and a share of the total expenses for this contract not to exceed 20%. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby states that this Resolution does not commit the City of Fayetteville to any action beyond its fair share of the regional analysis study, does not authorize litigation or any expenditure to prepare for litigation, nor any expenditure or commitment above the authorized $30,000.00. PASSED and APPROVED this lst day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2010 Department: Utilities Division: Wastewater Treatment Plant Program: WWTP Administration & SCADA Request Date 6/1/2010 Adjustment Number JUSTIFICATION TO INCREASE PROJECT 1 ITEM: $30,000 is needed in the WWTP Administration Program to participate in cooperative regional efforts relating to phosphorus, future proposed changes to stream standards, and wastewater discharge requirements. JUSTIFICATION TO DECREASE PROJECT 1 ITEM (OR RECOGNIZING REVENUE): $30,000 is needed to participate in cooperative regional efforts to monitor and evaluate, and to report, the likely effects that future proposed changes to stream standards, and watewater discharge requirements may have on Northwest Arkansas. Increase Decrease Project.Sub Account Name Account Number Budget Budget Number Professional Services 5400.5100.5314.00 30,000 1I 10 Miscellaneous 5400.0940.6999.00 30,000 . TOTAL 30,000 30,000 - ... - Division i ead' ei :—:i:- Director D "pa ent ► irector Finan e Director f Staff M -or etfri Date Date 0-4 'IR id Date .S- 210-2.4iLb Date ,51740 Date S U D- e Requested By Cheryl Partain Budget & Research Use Only Type: A B C Description: kspringer E General Ledger Date Posted to General Ledger Posted to Project Accounting W:IUtiities Project Management Team\Phosphorus Reduction\BAForm 2010_Phosphorus Reduction 0 Initial Date Initial Date David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA- Mayors Approval City Council Meeting Date Agenda Items Only Water/Wastewater Division Action Required: Utilities Department Approving an Intergovernmental Agreement Between the City of Fayetteville and Northwest Arkansas Regional Planning to establish scope of work and payment limits for services related to the cooperative regional efforts to monitor, evaluate, and report the likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas, with an authorized expenditure of up to $20,000. 20,000.00 Cost of this request 5400.5120.5314.00 Account Number 10027-1001 Project Number 30,000.00 $ Category / Project Budget Phosphorus Reduction Program Category / Project Name 30,000.00 Wastewater Treatment Funds Used to Date Program / Project Category Name Water and Sewer Remaining Balance Fund Name Budgeted Item XX Budget Adjustment Attached Dep -G; i+ rector ttorney 3t�A�,ll Date /-31-f( Date 1-31-zoi Finance and Internal Services Director Date Date OS ate Previous Ordinance or Resolution # Original Resolution Date: Original Contract Number: 99-10 6/1/2010 N/A Received in City 0 1-3 1 _ 1 1 P 0 2:01 R C V D Clerk's Office Comments: Revised January 15, 2009 a'F vefrille CONTRACT MEMO MAYOR'S APPROVAL THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: Mayor Lioneld Jordan Thru: Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Comm Date: January 31, 2011 Subject: Intergovernmental Agreement with Northwest Arkansas Regional Planning for Monitoring Evolving Water Quality Issues RECOMMENDATION Staff recommends approval of an Intergovernmental Agreement Between the City of Fayetteville and Northwest Arkansas Regional Planning to establish scope of work and payment limits for services related to the cooperative regional efforts to monitor, evaluate, and report the likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas, with an authorized expenditure of up to $20,000. BACKGROUND Coordinated through NWARPC, the Cities of Fayetteville, Springdale, Rogers, Bentonville, and Siloam Springs are working together in an effort to ensure our interests are fully represented in any future decisions that may be made by EPA Region 6 relating to phosphorus, future proposed changes to stream standards, and wastewater discharge requirements. Using an approved professional selection process, the group has hired the team of Mitchell, Williams, Selig, Gates & Woodyard, represented by Allan Gates, and McGoodwin, Williams & Yates, represented by Carl Yates, to facilitate the group's efforts. Fayetteville's focus is that we are well into many activities that protect our watersheds generally and reduce nutrients very specifically. The Nutrient Reduction Plan, stream bank protection ordinance, low impact development ordinance, aggressive public education campaigns, evaluation of the stormwater utility, and strict stormwater management are all examples of efforts completed, underway, and programmed in the future. We believe these efforts can produce better results for water quality at significantly reduced cost from simply reducing the WWTP permit Iimits. The City Council approved this action, and a $30,000 budget, in Resolution 99-10 on June 1, 2010. DISCUSSION This agreement is the formal instrument that defines Fayetteville's financial commitment to the group. It contains all of the requirements of Resolution 10-99. The agreement: A. Commits Fayetteville to pay an equal 20% share, not to exceed $20,000; B. Does not commit the City of Fayetteville to any action beyond its fair share of the regional analysis; C. Does not authorize litigation or any expenditure to prepare for litigation. BUDGET IMPACT $30,000 is available in project 10027 approved by Resolution 99-10. FviIIe-NWARP Agreement CCMemo Jan 11.doc INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE and NORTHWEST ARKANSAS REGIONAL PLANNING I. PURPOSE The purpose of this Agreement is to establish scope of work and payment limits for services related to the cooperative regional efforts to monitor, evaluate, and report the likely effects that future proposed changes to stream standards and wastewater discharge requirements may have on Northwest Arkansas. II. BACKGROUND Key components in federal efforts to achieve the goals and objectives of the Clean Water Act involve discharge standards and limitations for wastewater treatment facilities, and the establishment of total maximum daily loads (TMDL's) for the Illinois River and other waterways. Local governments, at substantial cost to ratepayers, have made extensive, investments in wastewater facilities and operations to achieve compliance with prescribed regulatory standards. It appears that federal authorities may be poised, through consideration of methods other than those that were used in establishing current permit requirements, to impose more stringent standards which will render recently constructed and improved wastewater treatment facilities in the region inadequate. Considering the potential impact on ratepayers and the overall economic impact on the region, it is imperative that proposed changes to water quality standards and discharge requirements be based on sound science, be achievable from a scientific standpoint, be economically feasible and represent fair, equitable and necessary measures to comply with the goals and objectives of the Clean Water Act. In the interest of economy and efficiency, a cooperative regional approach is being undertaken to analyze the issues, the potential impacts and the best collective responses of various approaches to meet the newly proposed standards. III. THE CITY OF FAYETTEVILLE AGREES: A. Pay an equal 20% share, not to exceed $20,000, for the Northwest Arkansas Regional Planning Commission's efforts under this contract, including executing a contract with Mitchell, Williams, Selig, Gates & Woodyard PLLC ("MW") and McGoodwin, Williams & Yates, Inc. B. Per City of Fayetteville Council Resolution 99-10, this agreement does not commit the City of Fayetteville to any action beyond its fair share of the regional analysis. C. Per City of Fayetteville Council Resolution 99-10, this agreement does not authorize litigation or any, expenditure to prepare for litigation. IV. NORTHWEST ARKANSAS REGIONAL PLANNING AGREES TO: A. Enter into cooperative agreements with and represent the five Northwest Arkansas cities of Fayetteville, Springdale, Rogers, Bentonville and Siloam Springs to analyze various alternatives to address the proper establishment of certain TMDL's for receiving streams and the likely imposition of substantially more stringent wastewater discharge limits. B. Execute a contract with Mitchell, Williams, Selig, Gates & Woodyard PLLC and McGoodwin, Williams & Yates, Inc. C. Perform contract management for the Mitchell, Williams, Selig, Gates & Woodyard PLLC ("MW") and McGoodwin, Williams & Yates, Inc. contract. V. ARKANSAS FREEDOM OF INFORMATION ACT: City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the City of Fayetteville, or the Northwest Arkansas Regional Planning Commission, will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. VI. CHANGES, MODIFICATIONS OR AMENDMENTS: Changes modifications or amendments to this contract shall not be allowed without a formal written contract amendment approved by the Mayor and the City Council of Fayetteville in advance of the change. IN WITNESS WHEREOF, the Mayor and City Clerk of the City of Fayetteville, Arkansas, by authority of Resolution 99-10 adopted by the City Council, and the N rthwest A ansas Regional Planning Commission, have hereunto set their hand dated this 3 t' day of2011. Northwest Arkansas Regional Planning Commission 1311 Clayton Street Springdale, AR 72762 44411 Witnessed By: 311 ``1l,,,1S �.0 GOTT-S/ NOTARY f.0o' -n o" - - .o M� N` 7. •s.'°U8LIC _� 9 Expires ,•• C0UNj 1 , City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 1 neld Jo a ayor ra Smith, City Clerk ti,III TRr".'�i�i ;.601 Y• DF' • �'▪ -p ▪ r •V3S • FAYETTEVI LLE ; rd•9R/(St') ▪ . AN ti � JogwnN lun050V 1/0 as fl 6uilu noo3V - 1 0 D lo n ❑ ❑ 3 0 m o o -0Ko a ro 3 < D 20 W N Z 0 5' 0 as in a a 5. C 0 °7 0 '3 m � m a m -n y O B T .. 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