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4.11 4.11 GRANTS\Accept Fiords—Warren County Soil&Water—NYS DEC Water QLmlity Grant&MOU N"ith WCSWC—8-3-15 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS IN CONNECTION WITH WARREN COUNTY SOIL AND WATER CONSERVATION DISTRICT STORMWATER IMPROVEMENT PROGRAM, ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR SUCH GRANT FUNDS AND MEMORANDUM OF UNDERSTANDING RESOLUTION NO.: ,2015 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, in 2014 the Warren County Soil and Water Conservation District (WCSWCD) was awarded a stormwater improvement grant funded by the New York State Department of Environmental Conservation (NYSDEC) through its Round 11 Water Quality Improvement Program, and WHEREAS, the Town of Queensbury was included in WCSWCD's grant application as a prospective partner with the following Projects identified for funding: • Assembly Point Knox intersection- bioretention or porous pavers need test pits ($3,000) • Assembly Point Sunset intersection- two drywells ($8,000) • Pickle Hill Tributary- three drywells ($12,000) • Lockhart south project- Large drainage in combo with Bay Road- one drywell ($4,000) • Lockhart north project drywells, turnouts- one drywell, check dams, stable turnouts ($4,000) • Chestnut Road Glen Lake- one drywell and paved swale ($4,000) and WHEREAS, these Projects were developed from discussions with the Queensbury Highway Department and reviewing the "Town of Oueensbrrry Stornnvater Identification Project" (March 2013), and WHEREAS, the dollars attached to each Project are estimates, as the Town has the ability to spend and be reimbursed up to and including $39,000 for these improvements and the eligible reimbursable expenses would include supplies and materials, and WHEREAS, as with many grants, some Projects may have been completed prior to the award or the date that reimbursement may be eligible, so if a Project on this list has been completed prior to January 1 2015, it is not eligible for reimbursement; however, WCSWCD would work with the Town to identify additional water quality improvement project locations that could be substituted, and WHEREAS, the Town's contribution to the grant is an in-kind service match commitment which would be through force labor, equipment usage and any supplies and materials that are not eligible for reimbursement, but assist with the implementation of the Projects, and WHEREAS, NYSDEC will withhold 10% of the grant expenditures until the grant is closed out, and if the Town has vouchered for $39,000 in supplies and materials, the Town would receive $35,100 until the grant closeout and the remaining $3,900 would then be paid, and WHEREAS, WCSWCD submits reports and reimbursement request quarterly, and NYSDEC has generally been providing reimbursement within 8 weeks so that once WCSWCD receives payment, it would disburse the Town's eligible expenses (less the 10%) within 30 days and then the remaining funds at grant closeout, and WHERESA, as a result of changes in the NYS grant programs, the Town will need to enter into a Memorandum of Understanding with the WCSWCD regarding this grant Project, and the WCSWCD has prepared and presented such proposed MOU at this meeting, NOW, THEREFORE, BE IT 2 RESOLVED, that the Queensbury Town Board hereby accepts the up to $39,000 in grant funding as delineated in the preambles of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further establishes appropriations and estimated revenues as follows: • Increase Revenue in Home and Community Aid Account No.: 001-0000-53989 by $39,000; • Increase Appropriations in Drainage Account No.: 001-8540-2899 by $39,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2015 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the memorandum of Understanding between the Town and the Warren County Soil and Water Conservation District substantially in the form presented at this meeting, and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. 3 Duly adopted this 3rd day of August, 2015, by the following vote: AYES NOES ABSENT: 4 Aj N COZ1 , W g t 86 WATER 4' 394 Schroon River Road, Warrensburg, NY, 12885 Phone:518-623-3119 111, Fax:518-623-3519 4 i jim99 @nycap.rr.com www.warrenswcd.orq CONSERVATION DISTRICT July 23,2015 John Strough Town of Queensbury 742 Bay Road Queensbury NY 12804 Dear John, As per our discussion, I am drafting this letter to you in regards to funding for stormwater management projects within the Champlain Basin of the Town of Queensbury. Last year the SWCD was awarded a NYSDEC Water Quality Improvement Grant that was sponsored by our office and covered the Towns of Bolton,Hague,Lake George and Queensbury. The idea behind this grant was to continue to address stormwater runoff/impacts. Based on the stormwater assessment that our office conducted for the Town of Queensbury,and with input from the Queensbury Highway Department,the following projects were selected. • Assembly Point Knox intersection-bioretention or porous pavers(need test pits)($3,000) • Assembly Point-Sunset intersection-two drywells($8,000) • Pickle Hill Tributary-three drywells($12,000) • Lockhart south project-Large drainage in combo with Bay Road-one drywell($4,000) • Lockhart north project drywells,turnouts-one drywell,check dams,stable turnouts($4,000) • Chestnut Road,Glen Lake-one drywell and paved Swale($4,000) This is a reimbursable grant,meaning that the funds would have to be expended by the Town of Queensbury first,then reimbursed from the SWCD after a financial request form was sent to the NYSDEC and the money was received back. If you recall,we have a similar resolution agreement for the Ms4 grant. The NYSDEC withholds 10%of the request,so if the town expended$35,000,then a final payment of$3,500 would be made upon grant closeout. The dollar values that are next to the projects are estimates of the supplies and materials. In this grant's case,there is not an exact amount of dollars allocated per each project. These would be eligible expenses for reimbursement.If one of the listed projects needed to be altered,that could be a consideration. The time that the Town spent from preparation through project completion,along with equipment usage would be considered in-kind match. This would be the Town's contribution to the grant. This information would come to us and we would develop the reports and financial requests to send to the state. Due to changes in the grant programs,we would also need to enter into an MOU or an Intermuncipal Agreement for the project with the Town. We have utilized these with other community's recently for projects. Please let me know what questions you may have and what other information you would need. Sincerely, jaw LLeberuxn. Jim Lieberum,CPESC District Manager Warren County SWCD 394 Schroon River Road Warrensburg NY 12885 518.623.3119(phone),518.623.3519(fax) Memorandum of Understanding The following memorandum of Understanding(MOU)Defines the responsibilities of both parties as agreed to between the Town of Queenbury hereafter referred to as the"Town"and the Warren County Soil and Water Conservation_ District hereafter referred to as the"District".This Agreement will be in effect immediately upon execution of signatures from both parties.This agreement is for Services provided by the"District"to the"Town" for the following items: The Agreement is as follows: For the period of Date: January 12015 to Date: December 31,2017 .the District agrees to: 1. Provide technical assistance as requested by the WCDPW in regards to water quality improvement projects along and within WCDPW rights of ways and county owned lands. 2. The District will: a. Assist the Town with site evaluation for stormwater improvement or erosion reduction projects. b. Provide funding when available and agreed upon,from grants or other funding sources obtained by the District. c. Assist the Town with ht in the j roect oversight field. P g d. Upon receiving payment from the granting organization/agency,shall reimburse the Town within 30 business days. The Town agrees to: 1. Coordinate as necessary with the District for water quality improvement projects. 2. Purchase supplies and materials for projects(to be reimbursed by District as agreed upon). 3. Provide Force Labor Account and equipment expenditure sheets to the District,to be utilized as matching funds for grant programs. Both parties do hereby agree to the following conditions: 1. This agreement may be modified,amended or extended only upon the mutual written agreement of both parties. 2. This agreement may be terminated at any time during the term of this agreement by either party upon thirty (30)days written notice to the other party. 3. Each party shall comply with all federal,state and local laws,rules and regulations applicable to the activities proposed under this agreement. 4. Each party shall maintain adequate liability insurance, to include but not be limited to ($1,000.000.00) in insurance,with each party insuring the other as coinsured. Each party shall maintain workers'compensation and disability insurance in accordance with New York State Law. 5. There shall be no assignment or subcontracting of the services to be provided under this agreement without the written consent of the other party. Approved By: Town of Queenbury Warren County SWCD Date Date