HomeMy WebLinkAbout94-16 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 94-16
File Number: 2016-0218
NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP:
A RESOLUTION TO APPROVE AN AGREEMENT FOR THE CITY OF FAYETTEVILLE TO JOIN
THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP
WHEREAS, Act 335 of 2015 authorizes the Arkansas Pollution Control & Ecology Commission to
promulgate regulations establishing nutrient water quality trading programs, including the formation of
water quality compliance associations, though no regulations have been adopted at this time; and
WHEREAS, on November 3, 2015, the City Council passed Resolution 203-15 expressing its intent to
participate in cooperative regional efforts toward the development and implementation of nutrient water
quality trading programs; and
WHEREAS, the cities of Fayetteville, Springdale, Rogers and Bentonville are in a position to draft the
regulations that could be adopted statewide and desire to form an informal research and advisory group
to jointly identify and participate in nutrient water quality trading projects and develop regulations for
proposal to state and federal agencies with jurisdiction over these matters.
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 Mayor Jordan to
execute the Agreement, a copy of which is attached to this Resolution, which will allow the City of
Fayetteville to join the Northwest Arkansas Nutrient Trading Research and Advisory Group.
PASSED and APPROVED on 5/3/2016
Page 1 Printed on 514116
Resolution: 94-16
File Number: 2016-0218
Attest:
Sondra E. Smith, City Clerk
Treasurer
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Page 2 Printed on 514116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
' Text File
File Number: 2016-0218
Agenda Date: 5/3/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 1
NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP:
A RESOLUTION TO APPROVE AN AGREEMENT FOR THE CITY OF FAYETTEVILLE TO JOIN
THE NORTHWEST ARKANSAS NUTRIENT TRADING RESEARCH AND ADVISORY GROUP
WHEREAS, Act 335 of 2015 authorizes the Arkansas Pollution Control & Ecology Commission to
promulgate regulations establishing nutrient water quality trading programs, including the formation of
water quality compliance associations, though no regulations have been adopted at this time; and
WHEREAS, on November 3, 2015, the City Council passed Resolution 203-15 expressing its intent to
participate in cooperative regional efforts toward the development and implementation of nutrient
water quality trading programs; and
WHEREAS, the cities of Fayetteville, Springdale, Rogers and Bentonville are in a position to draft the
regulations that could be adopted statewide and desire to form an informal research and advisory group
to jointly identify and participate in nutrient water quality trading projects and develop regulations for
proposal to state and federal agencies with jurisdiction over these matters.
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 Mayor Jordan
to execute the Agreement, a copy of which is attached to this Resolution, which will allow the City of
Fayetteville to join the Northwest Arkansas Nutrient Trading Research and Advisory Group.
City of Fayetteville, Arkansas Page 1 Printed on 51412016
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2016-0218
Legistar File ID
5/3/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/15/2016 Utilities Director /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Fayetteville City Administration recommends approval of a resolution that authorizes the Mayor to sign an
agreement for the City of Fayetteville to join the informal Northwest Arkansas Nutrient Trading Research and
Advisory Group.
Budget Impact:
N/A
N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
None
N/A
Project Title
Current Budget $
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Approval Date:
V2014071
CITY OF
F 4�a
—11e
ARKANSAS
MEETING OF MAY 3, 2016
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council l
FROM: Tim Nyander, Utilities Director T v
DATE: April 15, 2016
SUBJECT: Resolution authorizing participation in the informal Northwest Arkansas Nutrient
Trading Research and Advisory Group with Springdale, Rogers and Bentonville
for the purpose of developing nutrient trading regulations and exploring
conducting joint nutrient trading projects.
RECOMMENDATION:
Fayetteville City Administration recommends approval of a resolution that authorizes the Mayor
to sign an agreement for the City of Fayetteville to join the informal Northwest Arkansas Nutrient
Trading Research and Advisory Group.
BACKGROUND:
Act 335 of 2015 authorizes the Arkansas Pollution Control and Ecology Commission to
promulgate regulations establishing nutrient water quality trading programs, including the
formation of water quality compliance associations. The timely development of these water
quality trading programs may provide significant long-term savings and environmental benefits
for the communities in Northwest Arkansas. There currently is not any entity or group formed to
undertake the effort to assist in developing draft regulations establishing nutrient water quality
trading programs that would be necessary to benefit Northwest Arkansas communities. In the
interest of economy and efficiency, a cooperative regional approach to understanding the
issues, the potential impact and effects, and collectively responding to proposed changes is
desirable. On November 3, 2015, the City Council passed Resolution 203-15 expressing its
intent to participate in cooperative regional efforts toward this end.
DISCUSSION:
On April 6, 2016, Utilities Director Tim Nyander, CH2M Regional Business Manager Billy
Ammons and Asst. City Attorney Blake Pennington attended a meeting with representatives of
Springdale, Bentonville and Rogers legal and water/wastewater divisions. The group decided to
recommend to their respective Administrations the creation of an informal association to lay the
groundwork for a formal nutrient water quality trading exchange or compliance association as
authorized by Act 335 of 2015. The general feeling was that since no regulations were in place
on the state level that such formality was unwarranted at this time.
This resolution would give the Mayor the authorization to sign a cooperative agreement that will
include, but not be limited to, the cities of Fayetteville, Springdale, Rogers, and Bentonville -all of
whom would be affected by the establishment of certain TMDL's for nutrient loads in receiving
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
streams, and the likely imposition of substantially more stringent wastewater discharge
limitations. The Northwest Arkansas Nutrient Trading Research and Advisory Group would have
the following primary purposes, all of which will require the unanimous approval of the
members:
1. Identify potential joint nutrient water quality trading projects, such as streambank
restoration projects.
2. Participate in joint projects as approved by the members' respective City Councils or
water/wastewater commissions, including the hiring of professionals and contractors to
do work on behalf of the group.
3. Jointly develop nutrient water quality trading regulations for proposal to the Arkansas
Department of Environmental Quality, the Arkansas Pollution Control and Ecology
Commission, the Arkansas Natural Resources Commission and other state or federal
agencies with jurisdiction over these matters.
The Mayor or his designee will serve as a representative to the group. If the regulations
proposed by the group are adopted by the state, staff anticipates a more formal agreement will
be necessary which will be brought back to the City Council for its consideration.
BUDGET/STAFF IMPACT:
All costs associated with this effort shall be equitably allocated among the cooperating
jurisdictions, and subject to City Council approval.
ATTACHMENTS:
• Staff Review Form
• Agreement
NORTHWEST ARKANSAS
NUTRIENT TRADING RESEARCH AND ADVISORY GROUP
AGREEMENT
The undersigned cities hereby have agreed via resolutions in each municipality, copies of
which are attached hereto, to form an informal cooperative group for the purposes set forth herein.
1. Name: The name of the informal cooperative group shall be the Northwest
Arkansas Nutrient Trading Research and Advisory Group ("the Group").
2. Informal Joint Cooperative Action: This Agreement is intended by the members to
be an informal joint cooperative action entered into and enforceable pursuant to Ark. Code Ann.
§ 25-20-104(h). No delegation of municipal authority or responsibility is made by the members
to the Group, and the purposes of the Group are agreed to be valid public purposes of each of the
respective members.
3. Membership: Membership in the Group is voluntary and open to any city of the
first or second class or county within the Illinois River Watershed or the White River Watershed.
a. The initial members of the Group are the City of Bentonville, the City of
Fayetteville, the City of Rogers, and the City of Springdale.
b. Additional members may be added to the Group with the unanimous
consent of the then -existing members.
4. Purposes: The purposes of the Group are as follows:
a. Joint development of nutrient water quality trading regulations for proposal
to the Arkansas Department of Environmental Quality, the Arkansas Pollution Control and
Ecology Commission, the Arkansas Natural Resources Commission, and/or other
applicable state and/or federal agencies;
b. Exploration of potential nutrient water quality trading projects, including
one or more possible pilot projects; and
C. Contracting with professionals necessary to accomplish the Group's
objectives. Professionals shall include, but are not limited to consultants, attorneys,
engineers, and environmental scientists. Procurement of professional services shall be in
accordance with Ark. Code Ann. § 19-11-801 and other applicable law.
5. Pro Rata Payment of Expenses: The Group shall develop a budget for the
accomplishment of the aforementioned purposes and, upon the establishment of actual expenses
under such budget, the members shall seek the necessary funding from their respective city
councils and/or water and sewer commissions or departments for payment of their pro rata shares
of such expenses.
Page 1 of 1
6. Decision Makin: Unless otherwise set forth in this Agreement or by resolution of
the Group, all decisions of the Group shall be made by majority agreement of its members. Voting
shall be on the basis of one -member, one -vote. A majority of the members shall constitute a
quorum for decision-making purposes. A unanimous vote of the members, which may be further
contingent upon any necessary authorization by their respective City Councils, is required for the
following:
a. Designation of joint Group projects;
b. Selection of contractors or professionals engaged to do work on behalf of
the Group;
Pledging of funds for designated Group activities; and
d. Approval of final draft regulations to be submitted for consideration by any
state or federal agency with jurisdiction over Group -related matters.
7. Designated Representatives: Each member shall designate one person as the
member's Designated Representative to the Group, as well as a secondary or proxy representative.
Each Designated Representative shall attend the Group's meetings in person or via telephone, if
possible, or by written proxy. Designated Representatives shall serve until a successor
representative is selected by the member.
8. Officers: The members shall select a Chair and a Vice Chair/Secretary for two-year
terms. Such officers must be a Designated Representative of a member. In the event of a
vacancy in the position of Chair, the Vice Chair/Secretary shall succeed as Chair for the remainder
of the two-year term with a new Vice Chair/Secretary being selected for the remainder of the two-
year term. In the event of a vacancy in the position of Vice Chair/Secretary, a new Vice
Chair/Secretary shall be selected for the remainder of the two-year term.
9. Time and Place of Meetings: Meetings shall be held at a time and place to be agreed
upon by the members. Meetings may be held by teleconference, and Designated Representatives
(or their proxy) may participate and vote in face-to-face meetings by telephone. Face-to-face
meetings shall be open to the public.
10. Amendment: This Agreement may be amended by unanimous vote of all then -
existing members.
[Signatures on next page]
Page 2 of 2
CITY OF BENTONVILLE
By:
Title:
Date:
CIT
By: By:
Title
Date
CITY OF ROGERS
By:
Title: _
Date: 'L
CITY OF SPRINGDALE
By:
1-itle:
Date:
Page ; „ j
3661 NORTHWEST ARKANSAS
NUTRIENT TRADING RESEARCH AND ADVISORY GROUP
AGREEMENT
The undersigned cities hereby have agreed via resolutions in each municipality, copies of
which are attached hereto, to form an informal cooperative group for the purposes set forth herein.
1. Name: The name of the informal cooperative group shall be the Northwest
Arkansas Nutrient Trading Research and Advisory Group ("the Group").
2. , Informal Joint Cooperative Action: This Agreement is intended by the members to
be an informal joint cooperative action entered into and enforceable pursuant to Ark. Code Ann.
§ 25-20-104(h). No delegation of municipal authority or responsibility is made by the members
to the Group, and the purposes of the Group are agreed to be valid public purposes of each of the
respective members.
3. Membership: Membership in the Group is voluntary and open to any city of the
first or second class or county within the Illinois River Watershed or the White River Watershed.
a. The initial members of the Group are the City of Bentonville, the City of
Fayetteville, the City of Rogers, and the City of Springdale.
b. Additional members may be added to the Group with the unanimous
consent of the then -existing members.
4. Purposes: The purposes of the Group are as follows:
a. Joint development of nutrient water quality trading regulations for proposal
to the Arkansas Department of Environmental Quality, the Arkansas Pollution Control and
Ecology Commission, the Arkansas Natural Resources Commission, and/or other
applicable state and/or federal agencies;
b. Exploration of potential nutrient water quality trading projects, including
one or more possible pilot projects; and
C. Contracting with professionals necessary to accomplish the Group's
objectives. Professionals shall include, but are not limited to consultants, attorneys,
engineers, and environmental scientists. Procurement of professional services shall be in
accordance with Ark. Code Ann. § 19-11-801 and other applicable law.
5. Pro Rata Payment of Expenses: The Group shall develop a budget for the
accomplishment of the aforementioned purposes and, upon the establishment of actual expenses
under such budget, the members shall seek the necessary funding from their respective city
councils and/or water and sewer commissions or departments for payment of their pro rata shares
of such expenses. Members acknowledge that availability of funding for projects, even those
Page l of 3
approved by the Group, are contingent upon the respective approval of the City Councils and/or
Commissions.
6. Decision Making: Unless otherwise set forth in this Agreement or by resolution of
the Group, all decisions of the Group shall be made by majority agreement of its members. Voting
shall be on the basis of one -member, one -vote. A majority of the members shall constitute a
quorum for decision-making purposes. A unanimous vote of the members, which may be further
contingent upon any necessary authorization by their respective City Councils, is required for the
following:
a. Designation of joint Group projects;
b. Selection of contractors or professionals engaged to do work on behalf of
the Group;
C. Pledging of funds for designated Group activities; and
d. Approval of final draft regulations to be submitted for consideration by any
state or federal agency with jurisdiction over Group -related matters.
7. Designated Representatives: Each member shall designate one person as the
member's Designated Representative to the Group, as well as one or more secondary or proxy
representatives. Each Designated Representative or secondary or proxy representative shall
attend the Group's meetings in person or via telephone, if possible, or by written proxy.
Designated Representatives shall serve until a successor representative is selected by the member.
8. Officers: The members shall select a Chair and a Vice Chair/Secretary for two-year
terms. Such officers must be a Designated Representative of a member. In the event of a
vacancy in the position of Chair, the Vice Chair/Secretary shall succeed as Chair for the remainder
of the two-year term with a new Vice Chair/Secretary being selected for the remainder of the two-
year term. In the event of a vacancy in the position of Vice Chair/Secretary, a new Vice
Chair/Secretary shall be selected for the remainder of the two-year term.
9. Time and Place of Meetings: Meetings shall be held at a time and place to be agreed
upon by the members. Meetings may be held by teleconference, and Designated Representatives
(or their proxy) may participate and vote in face-to-face meetings by telephone. Face-to-face
meetings shall be open to the public.
10. Amendment: This Agreement may be amended by unanimous vote of all then -
existing members.
Page 2 of 3
CITY OF BENTONVILLE
By:
Title:
Date:
CIT
By:
Titl(
Dat(
r
CITY OF ROGERS
By:
Title:
Date:
CITY OF SPRINGDALE
By:
Title:
Date:
Page 3 of 3