Agenda - 12-06-2010 - 4k - Laserfiche WebLink

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2 The initial Interlocal Agreement expired on September 30, 2010, along with the Town's current NPDES stormwater permit. Town and County staff have reviewed the Town's new permit and an updated Interlocal Agreement has been drafted. The Town of Hillsborough approved the new agreement at its November 8, 2010 Town Board Meeting with amendments. The amendments include annual renewal and four equal payments per year. The Interlocal Agreement includes a work plan defining the scope of services. Execution of this Interlocal Agreement will provide the means for the continued implementation of the aforementioned stormwater and erosion control programs. The County Attorney has reviewed the agreement and provided input, including adding language allowing continuation of services for 90 days to allow for renewal of the one-year terms. The County Attorney also reviewed the agreementt to ensure no conflict of interest. The Erosion Control Division does not review or inspect local government projects, whether the projects are Orange County's or other municipalities, so there is no conflict of interest. FINANCIAL IMPACT: The Erosion Control Division is presently partially funded through user fees paid by developers requiring land-disturbing permits. As stated in the agreement, developer fees for erosion control are collected and retained by the County. These fees may change at the County's discretion and would not require amending the agreement. The additional duties required to implement the Town's NPDES stormwater program will be funded solely through payment to the County by the Town as outlined in Schedule A of the Interlocal Agreement (see Attachment 1). To determine if the proposed fees were appropriate, a cost recovery analysis was completed. The analysis was based upon estimated annual work-hours required to complete tasks as described in the work plan and on current budget allocations for personnel costs, benefits, operating costs and overhead. Staff work-hours and costs were spread among the entire Erosion Control Division staff. Attachment 2 summarizes the cost recovery analysis. As shown in Attachment 2, the prescribed funding is expected to be sufficient to offset staff time and cover equipment costs needed by the County to implement the program. The Interlocal Agreement does contain a provision that allows funding to be evaluated and adjusted if agreed upon by both the Town and County. This evaluation is expected to occur annually at the end of each year of the Town's permit. RECOMMENDATION(S): The Manager recommends the Board approve the Interlocal Agreement and authorize Chair to sign the Interlocal Agreement.