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2.10 2.10 CDBG Grants\Grant Agreement and Accepting CDBG Grant Funds—1-22-18 RESOLUTION AUTHORIZING TOWN SUPERVISOR TO SIGN GRANT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE HOUSING TRUST FUND CORPORATION AND SETTING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT AWARD RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 163,2017 the Queensbury Town Board authorized submission of an application for New York State Community Development Block Grant funds through the New York State Office of Community Renewal(NYS OCR), and WHEREAS, Resolution No.: 163,2017 the Town Board pledged a required five percent(5%) local cash share of the total project cost, and WHEREAS, the grant application was submitted and the NYS OCR awarded a forty-seven thousand five hundred dollar($47,500) grant to the Town of Queensbury, and WHEREAS, the Town has received a proposed Grant Agreement from New York State concerning the awarded grant funds and such Agreement is in form acceptable to Town Counsel, and WHEREAS, the Town Board must designate a Certifying Officer as the Responsible Entity for conducting environmental reviews, and WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the Grant Agreement, establish a CDBG Special Grant Fund and set appropriations and estimated revenues for the grant award, and WHEREAS, the receipt, administration and use of these block grant funds are primarily management decisions undertaken for the purpose of creating an Affordable Housing Strategy for the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that under 6 NYCRR Part 617.5(c)(21) the proposed Affordable Housing Strategy is a SEQRA Type II Action and is exempt from the provisions of SEQRA, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby approves of the Grant Agreement between the Town of Queensbury and the New York State Housing Trust Fund Corporation, represented by the New York State Office of Community Renewal and authorizes and directs the Town Supervisor to sign the Grant Agreement in its current form or in a form substantially similar which is acceptable to the Town Supervisor, Town Senior Planner and Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board hereby commits a five-percent (5%) match of two thousand five hundred dollars ($2,500) and authorizes the Town Budget Officer to transfer two thousand five hundred dollars ($2,500) from Contingency Account No.: 001-1990-4400 to Transfer to Operating Funds Account No.: 001-9901-9128 to provide for such match, for a total project cost of fifty thousand dollars ($50,000), and BE IT FURTHER, RESOLVED, that the Town Board sets appropriations and estimated revenues in the amount of fifty thousand dollars ($50,000) in CDBG Grant Fund 416 for the New York State Community Development Block Grant Community Planning program funds received by the Town through the New York State Office of Community Renewal, such appropriations and estimated revenues as follows: • Increase Revenues in Interfund Rev Account No.: 016-0000-55031-2017 by $2,500; and • Increase Revenues in Grant Revenue Account No.: 016-0000-54788-2017 by $47,500, • Increase Appropriations in CDBG Grants Account No.: 016-8668-4705-2017 by $50,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments,budget amendments and transfers, and/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 hereby designates Stuart Baker, Senior Planner, as the Certifying Officer responsible for acting as the Responsible Entity for conducting environmental reviews related to this project and authorizes the Town Supervisor to inform the Office of Community Renewal of such designation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Senior Planner and/or Town Counsel to take any actions necessary to effectuate all terms of this Resolution. Duly adopted this 22nd day of January, 2018,by the following vote: AYES NOES ABSENT : Stuart Baker From: Stuart Baker Sent: Tuesday,January 16, 2018 12:50 PM To: Town Board Cc: Craig Brown -Town of Queensbury(CraigB@queensbury.net); Pamela Hunsinger; Mark Schachner(mschachner@mmshlaw.com) Subject: Staff memo: Res.2.10 on 1/22 Town Board agenda Attachments: 12-13-17 Grant Agreement 962CP83-17.pdf;6 NYCRR 617 SEQR Type II Actions.pdf; Res 163,2017 Certified.pdf On June 19,2017,the Town Board passed Resolution 163,2017 authorizing an application to the NYS Office of Community Renewal for Community Development Block Grant(CDBG)Community Planning funds in an amount not to exceed $50,000 for the purpose of funding an Affordable Housing Strategy. This resolution also pledged the Town to a local cash match of 5%of the total project cost. An application requesting$47,500 was subsequently submitted on July 21,2017. On December 13,2017, New York State announced our grant application had been funded. The CDBG Grant Agreement was issued to the Town on December 26th. The total project cost will not exceed$50,000, including the Town cash match of up to$2,500. This will be a 14 month project,with a completion date of no later than February 12,2019. The Town will contract out for consulting services to complete the Affordable Housing Strategy. I will be responsible for both grant administration and project management. Resolution 2.10 does the following: 1. Designates the project as a Type II action under the State Environmental Quality Review Act(SEQR). 2. Authorizes the Town Supervisor to execute the Grant Agreement. The Agreement has been reviewed by Town Counsel. 3. Appropriates the required$2,500 cash match. 4. Establishes project accounts with appropriations and estimated revenues. 5. Designates me as Certifying Officer for the purposes of the required environmental reviews(SEAR and the National Environmental Policy Act). Hard copies of this memo,the resolution and attachments listed below will be distributed in the Town Board meeting packets. Please let me know if you have any questions or need additional information. Stu Stuart G. Baker,Senior Planner Community Development Department Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8222 Direct Line (518)745-4437 Fax 1 NEW YORK STATE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT Project No. 962CP83-17 AGREEMENT, made effective as of the 13th day of December, 2017, between the Housing Trust Fund Corporation (HTFC), represented by the Office of Community Renewal (collectively the "Corporation"), with offices at 38-40 State Street, Hampton Plaza, 4th Floor, Albany, New York, 12207, and the Town of Queensbury ("Recipient"), a unit of general local government, with offices at 742 Bay Road, Queensbury, New York 12804 WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended ("Act"), the Corporation is authorized to administer and distribute Community Development Block Grant ("CDBG") funds to units of general local government in non-entitlement areas located in the State of New York ("State"); and WHEREAS, the Recipient has applied to the Corporation for CDBG funds to finance the community development activities ("Project"), as described in the Recipient's Program Year 2017 Grant application ("Application"); and WHEREAS, the Corporation has selected the Recipient to receive an award in an amount not to exceed $47,500 ("Grant Funds"). • NOW, THEREFORE, the parties agree that the Grant Funds will be administered in accordance with the following terms and conditions: 1. Contents of Agreement. The following documents are incorporated by reference into this Agreement as if fully set out herein: a) the Recipient's approved Application and accompanying submissions, as modified by the terms of this Agreement or any subsequent amendment approved by the Corporation; b) the Corporation's CDBG Grant Administration Manual and its Program Guidelines (as now in effect and as may be revised from time to time); c) applicable Federal and State law and regulations, as may be amended, including, but not limited to, Department of Housing and Urban Development ("HUD") regulations found at 24 CFR Part 570; d) Schedule A, "Special Conditions", and Schedule B, "Awarded Budget and Projected Accomplishments", attached hereto and Schedule C, "Environmental Review and Release of Funds Requirements, attached hereto. 2. *Recipient Performance. a) The Recipient agrees to utilize Grant Funds only to implement the activities described in, and in accordance with the terms of: (i) the Recipient's application, as amended by the Special Conditions attached as Schedule A; (ii) this Agreement; and (iii) all applicable State and Federal laws and regulations. This provision shall survive the termination or expiration of this Agreement. b) The 962CP83-17 Page 1 of 8 period of performance for all activities (with the exception of those activities required for the close out and final audit) assisted pursuant to this Agreement shall commence on the effective date of this Agreement and shall end February 12, 2019. 3. Grant Funds. a) The amount of Grant Funds that the Corporation has agreed to provide the Recipient under this Agreement is expressly conditioned upon the Corporation's receipt of CDBG funds from HUD pursuant to the Act. b) The Grant Funds to be disbursed hereunder shall not exceed the amount first set forth in this Agreement, and any additional funds required to complete the Project will be the sole responsibility of the Recipient. c) The Grant Funds are based upon the cost estimates provided by the Recipient in its Application. The Corporation reserves the right to reduce the Grant Funds: (i) to conform to any revision to which the parties may agree with respect to the Recipient's Application; or (ii) if the actual costs for the approved activities are less than those budgeted for in the Recipient's Application. 4. Disbursement of Grant Funds. a) The Recipient is authorized to request Grant Funds only in accordance with the provisions of this Agreement and the procedures established by the Corporation. No payment by the Corporation of an improper or unauthorized request shall constitute a waiver of the Corporation's right to: (i) challenge the validity of such payment; (ii) enforce all rights and remedies set forth in this Agreement; or (iii) take corrective or remedial administrative action including, without limitation, suspension or termination of the Recipient's funding under this Agreement b) The Recipient shall certify with each request for Grant Funds that: (i) all statements and representations previously made regarding this Agreement are correct and complete; and (ii) the funds do not duplicate reimbursement of costs and services from any other source. c) The use of Grant Funds is conditioned upon the Recipient incurring costs permitted under the terms of this Agreement or as otherwise approved by the Corporation in writing. The Recipient shall not incur costs to be charged against Grant Funds until all Environmental Conditions of 24 CFR Part 58 have been fully satisfied and the Corporation has issued the environmental clearance required thereunder, unless the activity is exempt under section 58.34 or falls under a categorical exclusion listed in section 58.35(b). •5. Use of Grant Funds to Make Loans. If the Recipient utilizes Grant Funds to make loans and this Agreement is terminated, or if there is a finding by the Corporation of deficient performance or inadequate management capacity by the Recipient, the Corporation shall have the right to require that all payments due under the loan be paid directly to the Corporation, and the Corporation shall be entitled to all rights and remedies under any loan documents between the Recipient and the borrower. The following language must be inserted into every Promissory Note that evidences a loan of Grant Funds by the Recipient: "The Lender, in consideration of the Community Development Block Grant ("CDBG") awarded to it by the Housing Trust Fund Corporation ("HTFC"), assigns all of its rights 962CP83-17 Page 2 of 8 and remedies under this Promissory Note to HTFC. In the event (i) the CDBG Agreement entered into between the Lender and HTFC is terminated for any reason, or (ii) HTFC, in its sole and absolute discretion, finds deficient performance, any • wrongdoing on the part of Recipient, sub-recipient or "borrower, or inadequate management capacity on the part of the Lender, HTFC shall have the right to notify the Debtor under this Promissory Note to make payment directly to HTFC, and to enforce any and all obligations of the Debtor under this Promissory Note or any other loan instrument executed in connection herewith. Until such time as HTFC elects t o exercise such rights by mailing to Lender and Debtor written notice thereof, Lender is authorized to collect payments and enforce all rights under this Promissory Note." 6. Subcontracts. The Recipient shall: a) require any participating Subrecipient, contractor, subcontractor, or agent ("Third Party") to comply with all applicable Federal, State and Local laws and regulations; b) adopt and perform such review and inspection procedures as are necessary to ensure compliance by a Third Party with all applicable Federal, State and Local laws and regulations; c) require any Third Party to indemnify the Corporation and the Recipient against any and all claims arising out of the Third Party's performance of work; d) remain fully obligated under this Agreement notwithstanding its designation of a Third Party to undertake all or any portion of the Project. 7. Program Income. The definition of "program income" and accompanying regulations regarding its usage are found at 24 CFR 570.489(e). Program income generated as a result of Program Year 2000, or later, grant supported activities must be segregated from income derived from activities funded with CDBG funds awarded by HUD prior to Program Year 2000. 8. Records. The Recipient shall keep and maintain complete and accurate books, records and other documents as shall be required under applicable Federal and State rules and regulations, including, but not limited to, the Corporation's Grant Administration Manual, and as may be requested by the Corporation to reflect and fully disclose all transactions relating to the receipt and expenditure of Grant Funds and administration of the Project. All such books, records and other documents shall be available for inspection, copying and audit at all reasonable times by any duly authorized representative of the State or Federal government. All such records shall be maintained and available for inspection, copying and audit during the term and for seven years following the final disbursement of the Grant Funds. 9. Reports. The Recipient, at such times and in such form as the Corporation may require, shall furnish the Corporation with such periodic reports as it may request pertaining to the Project, the costs and obligations incurred in connection therewith, and any other matters covered by this Agreement. 10. Performance Review. The Corporation will conduct periodic reviews in such 962CP83-17 Page 3 of 8 manner and at such times as it shall determine for the purpose, among other things, of ascertaining the quality and quantity of the Recipient's activities, as well as their conformity to the provisions of this Agreement, and the financial integrity and efficiency of the Recipient. 11. Notice of Investigation or Default. The Recipient shall notify the Corporation within five (5) calendar days after obtaining knowledge of: a) the commencement of any investigation or audit of its activities by any governmental agency; or b) the alleged default by the Recipient under any mortgage, deed of trust, security agreement, Loan agreement or credit instrument executed in connection with the Project, or (iii) the allegation of ineligible activities, misuse of the Award, or failure to comply with the terms of the Recipient's approved application. Upon receipt of such notification, the Corporation may, in its discretion, withhold or suspend payment of some or all of the Award for a reasonable period of time while it conducts a review of the Projects activities and expenditures. 12. Default. a) If an Event of Default as defined below shall occur, all obligations on the part of the Corporation to make any further payment of Grant Funds shall, if the Corporation so elects, terminate and the Corporation may, in its discretion, exercise any of the remedies set forth herein; provided, however, that the Corporation may make any payments after the happening of an Event of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment(s).b) The following shall constitute an Event of Default hereunder: (i) if the Recipient fails, in the opinion of the Corporation, to comply with or perform any provision, condition or covenant contained in this Agreement, any applicable State or Federal law or regulation, or the program policies and procedures established by the Corporation; (ii) if at any time any presentation or warranty made by the Recipient shall be incorrect or materially misleading; (iii) if a lien for the performance of work or the furnishing of labor or materials is filed against the Program or any improvement financed thereunder and remains unsatisfied, undischarged or unbonded at the time of any request for disbursement or for a period of twenty (20) days after the date of filing of such lien; (iv) if the Recipient shall fail to comply with any of the terms, of any mortgage, deed of trust, security agreement, loan agreement, credit agreement or other instrument executed in favor of any other party; (v) if the Recipient has failed to commence the Project in a timely fashion or has failed to complete the Project on or before the Completion Date, or any wrongdoing on the part of Recipient, sub-recipient or "borrower . c) Upon the happening of an Event of Default, the Corporation may, in its discretion, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of such remedies shall .not preclude the Corporation from pursuing any other remedies contained herein or otherwise provided at law or in equity: (i) terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice; (ii) commence a legal or equitable action to enforce performance of this Agreement; (iii) withhold or suspend payment of Grant Funds; (iv) exercise any corrective or remedial action, to include, but not be limited to, 962CP83-17 Page 4 of 8 advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Corporation for the amount of Grant Funds expended or used in an unauthorized manner or for an unauthorized purpose. d) In the event this Agreement is terminated by the Corporation for any reason, or upon the closeout of the Project, unless the Recipient obtains the prior written consent of the Corporation to the contrary, all unspent Grant Funds held by the Recipient shall immediately be turned over to the Corporation, and the Corporation shall have no further liability or obligation under this Agreement; provided, however, that nothing herein is intended to relieve the Corporation of its obligation to pay for services properly performed by the Recipient prior to such termination. Notwithstanding any such termination or closeout, the Recipient shall remain liable to the Corporation for any unspent Grant Funds, the expenditure or use of the Grant Funds in a manner or for a purpose not authorized by this Agreement, or damages as a result of any breach of this Agreement by the Recipient. The Corporation shall have the right, at any time prior or subsequent to any such termination or closeout, to pursue any and all available remedies, including seeking injunctive or other equitable relief, to enforce the provisions of this Agreement and to recover Grant Funds which are unspent, expended or used in an unauthorized manner or for an unauthorized purpose. 13. Equal Opportunity Requirements and Procedures. Under Article 15A of the New York State Executive Law, all award recipients and their contractors are required to comply with the Equal Employment Opportunity provisions of Section 312 of that Article. Also, all contractors and awardees are required to make affirmative efforts to ensure that New York State Certified Minority and Women-Owned Business Enterprises are afforded opportunities for meaningful participation in projects through inclusion on the list of contractors funded by HTFC pursuant to Section 313 of the Article. Visit NYS Empire State Developments Division of Minority & Women Business Development website for a directory of certified Minority and Women-Owned Businesses: http://www.esd.ny.gov/MWBE.html • 14. Indemnification. To the fullest extent permitted by law, the Recipient shall defend, indemnify and hold harmless the Corporation and its agents and employees from and against any and all claims, actions, damages, losses, expenses and costs of every nature and kind, including reasonable attorneys' fees, incurred by or asserted or imposed against the Corporation, as a result of or in connection with the Project. All money expended by the Corporation as a result of such claims, actions, damages, losses, expenses and costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, shall be immediately and without notice due and payable by the Recipient to the Corporation. 15. Non-Liability. Nothing contained in this Agreement or elsewhere shall impose any liability or duty whatsoever on the State, the Corporation, or any agency or subdivision of the foregoing except as otherwise expressly stated in this Agreement. 962CP83-17 Page 5 of 8 16. Statute of Limitations. No action shall lie or be maintained against the State or the Corporation upon any claim based upon or arising out of this Agreement or the work performed hereunder or anything done in connection therewith, unless such action shall be commenced within one (1) year from the termination or expiration of this Agreement or six (6) months from the accrual of the cause of action, whichever is earlier. 17. Service of Process. In addition to the methods of service allowed by the State's Civil Practice Law & Rules, the Recipient hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon the Recipient's actual receipt of process or upon the Corporation's receipt of its return by the United States Postal Service marked "refused" or "undeliverable". The Recipient must promptly notify the Corporation, in writing, of each and every change of address to which service of process can be made. Service by the Corporation to the last known address shall be deemed sufficient. The Recipient shall have thirty (30) calendar days after service is complete in whichto respond. 18. Notices. All notices, requests, approvals and consents of any kind made pursuant to this Agreement shall be in writing and shall be deemed to be effective as of the date it is sent by certified mail, return receipt requested. Such written communications shall be mailed to the respective party's address first set out herein or at such other address as may be provided in writing, except that notice of such change of address shall be deemed to have been given the date it is received. 19. Severability. Should any part, term, or provision of this Agreement be decided by a court of competent jurisdiction to be invalid, unenforceable, illegal, or in conflict with any law, the validity, legality, and enforceability of the remaining portions shall not be affected or impaired. 20. Nonwaiver. The Corporation's failure to insist upon the strict performance of any provision of this Agreement, or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, will not constitute a waiver of any of its rights under this Agreement. 21. Assignment. No right, benefit or advantage inuring to the Recipient, and no obligation imposed on the Recipient, under this Agreement may be assigned without the prior written approval of the Corporation. 22. Successors. This Agreement shall be binding upon the successors in office of the respective parties. 23. Assurance of Authority. The Recipient hereby assures and certifies that: a) The Recipient is duly organized and validly existing under the laws of the State, and has all 962CP83-17 Page 6 of 8 • the requisite power and authority to enter into this Agreement and to assume the responsibilities for compliance with all Federal and State laws and regulations. b) A resolution, motion, order or ordinance has been duly adopted, passed or enacted as an official act of the Recipient's governing body, authorizing the execution and delivery of this Agreement by the Recipient and authorizing and directing the person executing this Agreement to do so for and on behalf of the Recipient, said acts being done in such manner and form as to comply with all applicable laws to make this Agreement the valid and legally binding act and agreement of the Recipient. c) There is no action, proceeding, or investigation now pending, nor any basis therefore, known or believed by the Recipient to exist, which (i) questions the validity of this Agreement, or any action taken or to be taken under it, or (ii) is likely to result in any material adverse changes in the authorities, properties, assets, liabilities, or conditions (financial or otherwise) of the Recipient which would materially and substantially impair the Recipient's ability to perform any of the obligations imposed upon the Recipient by this Agreement. d) The representations, statements, and other matters contained in the Recipient's Application were true and complete in all material respects as of the date of filing. The Recipient is aware of no event that would require any amendment to the Application that would make such representations, statements, and other matters true and complete in all material respects and not misleading in any material respect. The Recipient is aware of no event or other fact that should have been, and has not been, reported in the Application. e) Insofar as the capacity of the Recipient to carry out any obligation under this Agreement is concerned, (i) the Recipient is not in material violation of its Charter, or any mortgage, indenture, agreement,.instrument, judgment, decree, order, statute, rule or regulation and (ii) the execution and performance of this Agreement will not result in any such violation. 24. Photography Release. Recipient shall require any Third Party to execute a photography release, an example of which is available in the OCR website at http://www.nvshcr.orci/Forms/NYS-CDBG or a release in substantially similar form thereof. 25. Expenditure of Funds. Recipient shall complete the Environmental Review Record, obtain approval for a Request for Release of Funds and submit the first request for funds to the OCR within 270 days of the date of the grant award. 26. Project Completion. Recipient shall submit the Final Annual Performance Report and report all accomplishments within six (6) months of the final request for funds or within thirty (30) days of the termination date of this agreement, whichever occurs first. 27. Entire Agreement. This Agreement, including the attached schedules, constitutes the entire agreement between the parties and supersedes all prior oral and written agreements with respect to this Grant. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State. 962CP83-17 Page 7 of 8 IN WITNESS WHEREOF, this Agreement has been executed by a duly authorized representative of the parties. Housing Trust Fund Corporation By: Name: Christian M. Leo Title: President Town of Queensbury By: Name: John Strough Title: Supervisor. This contract has been approved by the Corporation's Counsel as to form and its Treasurer as to fiscal sufficiency. • 962CP83-17 Page 8 of 8 SCHEDULE A SPECIAL CONDITIONS (Not Applicable) Page 1 of 1 962CP83-17 Schedule B 2017 Awarded Budget & Projected Accomplishments Project Numbers.._ 962CP83-17 Community C/TN County Type Awarded Amount Queensbury Town Warren Community Planning $47,500 Fundina Source Amount CDBG $47,500.00 Local $2,500.00 Projected Total Funding: $50,000.00 • Amies) Projected Use Amount T. of Queensbury Community Planning Market Study $47,500 $47,500 Source Key. AHC-Affordable Housing Corp, RESTORE-Residential Emergency Services to Offer Repair to Elderly,ARC-Appalachian Regional Commission Area Development Program,ANCCEP-Adirondack North Country Community Enhancement Program, DASNY-Dormitory Authority of the State of New York, EDA-US Economic Development Administration,EFC CW- Environmental Facilities Corp.;Clean Water Act SRF, EFC DW-Environmental Facilities Corp. ;Safe Drinking Water Act SRF, FHLB-Federal Housing Loan Bank,IDA-Industrial Development Agency, LDC-Local Development Corp.,NCA- Norty Country Alliance, NYBDC-New York State Business Development Corp.,NYSCA-New York State Council of the Arts, , NYSERDA-New York State Energy Research and Develpment Authority, NYS OCFS-NYS Office of Children and Family Services,NYS OTDA-NYS Office of temporary and Disability Assistance,NYS Strategic Invest Fund, RUS-USDA Rural Development, Rural Utilities Service,Water and Wastewater Disposal Loan and Grant Program,SBTIF-Small Business Technology Investment Fund,US HHS-Department of Health and Human Services(federal) Page 1 of 1 SCHEDULE C SPECIAL CONDITIONS This project is subject to environmental review under the National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEQRA). An Environmental Review Record (ERR) and a Request for Release of Funds(RROF) or concurrence must be approved by the Office of Community Renewal (OCR) prior to incurring any project costs. Exempt costs that are directly associated with the completion of the ERR and obtaining approval for release of funds or concurrence and incurred prior to the release of funds will be eligible for reimbursement. However, Recipients still incur costs for exempt activities at their own risk. For any activities that are other than exempt, any costs incurred prior to the release of funds will not be eligible for NYS CDBG reimbursement. Recipients that incur costs for activities other than exempt prior to the approval of the release of funds or issuance of a concurrence letter do so at their own risk. Carefully review all Environmental Review requirements, which can be found in Chapter 2 of the OCR. This includes, but is not limited to: 1. Designate a Certifying Officer and Environmental Responsibility Certification. 2. Establish the Environmental Review Record a. Program activities b. Program classification c. Regulatory compliance documentation d. Environmental assessment and determination (when applicable) e. Public notices(when applicable) 3. Determine NEPA a. Exempt b. Categorically Excluded (a) and/or(b) 4. Compliance with Related Laws at 24 CFR 58.5, 24 CFR 58.6 and HUD Environmental Procedures at 24 CFR 50.4 5. Determine SEQR a. Type I b. Type II c. Unlisted 6. SHPO compliance 7. Documentation that all environmental permitting has been addressed, for example, Army Corps of Engineers, Department of Health, Department of Environmental Conservation, Etc. 8. Documentation of compliance with floodplain management 9. Environmental Impact Statement(if applicable) 10. Documentation of publication of NOI/RROF or combined FONSI/NOIRROF (when applicable) Page 1 of 1 962CP83-17 RESOLUTION AUTHORIZING SUBMITTAL OF A NEW YORK STATE OFFICE OF COMMUNITY RENEWAL CDBG COMMUNITY PLANNING GRANT APPLICATION AND MAKING DETERMINATION OF TYPE II ACTION UNDER SEQRA RESOLUTION NO.: 163,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr.Brian Clements WHEREAS, by Resolution No.: 155, 2017 the Queensbury Town Board scheduled a public hearing concerning the Town's proposed applications for funds through the New York State Office of Community Renewal (OCR)'s administered Community Development Block Grant(CDBG)Program,and WHEREAS, the Town Board duly conducted its public hearing on Monday, June 19"', 2017, heard all interested persons, reviewed its housing and community development needs and presented a proposed program and application for the CDBG funds,and WHEREAS, the Senior Planner has advised that a new Affordable Housing Strategy should be created to support continuation of the Town's Affordable Housing Program,and WHEREAS, Round VII of the NYS Consolidated Funding Application (CFA) is accepting applications through July 28,2017,and WHEREAS, OCR has advised that affordable housing strategies are eligible projects for CDBG Community Planning funds of up to fifty thousand dollars($50,000) through the current CFA round,and WHEREAS, the Town must provide evidence that a cash match of five percent (5%) of the total project cost for the CDBG community planning activity will be available upon award, and 1 WHEREAS, the Town must review and classify the proposed activity under the New York State Environmental Quality Review Act(SEQRA),and WHEREAS, the project is considered to be a Type II action under §617.5(c)(18) and §617.5(cX21)of the SEQRA regulations and is therefore not subject to review under the SEQRA regulations; and WHEREAS, the Town Board wishes to authorize submission of an application for the CDBG funds. NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed assistance is a Type II action under SEQRA regulations,and therefore is not an action subject to review under SEQRA,and BE IT FURTHER, RESOLVED,that the Town Board further authorizes and directs submission of the Town of Queensbury's application for Community Development Block Grant funds through the New York State Office of Community Renewal (OCR), with such application due in July 28, 2017 and BE IT FURTHER, RESOLVED, that should the project be awarded funds by OCR, the Town Board pledges the required five percent(5%)local cash share of the total project cost,and BE IT FURTHER, 2 RESOLVED, that the Town Board authorizes and directs the Town Supervisor and Senior Planner to sign any necessary documents in connection with the submission, including all applications,certifications and forms and further authorizes and directs the Town Supervisor and Senior Planner to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of June,2017,by the following vote: AYES: Mr. Metivier,Mr.Clements,Mr.Irish,Mr. Strough NOES: None ABSENT: Mr.Brewer I, Caroline H. Barber, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 19th day of June,2017 at which a quorum was present and that the same is a correct transcript there from and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 20th day of June,2017. SEAL SIGNED: Caroline H.Barber Town Clerk Town of Queensbury 3 View Document-New York Codes,Rules and Regulations Page 1 of 3 THOMSON REUTERS WESTLAW New York Codes, Rules and Regulations 6 CRR-NY 617.5 NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 6.DEPARTMENT OF ENVIRONMENTAL CONSERVATION CHAPTER VI.GENERAL REGULATIONS PART 617.STATE ENVIRONMENTAL QUALITY REVIEW 6 CRR-NY 617.5 6 CRR-NY 617.5 617.5 Type II actions. (a)Actions or classes of actions identified in subdivision(c)of this section are not subject to review under this Part.These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law,article 8.The actions identified in subdivision(c)of this section apply to all agencies. (b)Each agency may adopt its own list of Type II actions to supplement the actions in subdivision(c)of this section.No agency is bound by an action on another agency's Type II list.An agency that identifies an action as not requiring any determination or procedure under this Part is not an involved agency.Each of the actions on an agency Type II list must: (1)in no case,have a significant adverse impact on the environment based on the criteria contained in section 617.7(c)of this Part;and (2)not be a Type I action as defined in section 617.4 of this Part. (1)maintenance or repair involving no substantial changes in an existing structure or facility; (2)replacement,rehabilitation or reconstruction of a structure or facility,in kind,on the same site,including upgrading buildings to meet building or fire codes,unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; (3)agricultural farm management practices,including construction,maintenance and repair of farm buildings and structures,and land use changes consistent with generally accepted principles of farming; (4)repaving of existing highways not involving the addition of new travel lanes; (5)street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (6)maintenance of existing landscaping or natural growth; (7)construction or expansion of a primary or accessory/appurtenant,nonresidential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities; (8)routine activities of educational institutions,including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings,but not changes in use related to such closings; (9)construction or expansion of a single-family,a two-famiy or a three-family residence on an approved lot including provision of necessary utility connections as provided in paragraph(11)of this subdivision and the installation,maintenance and/or upgrade of a drinking water well and a septic system; (10)construction,expansion or placement of minor accessory/appurtenant residential structures,including garages,carports, patios,decks,swimming pools,tennis courts,satellite dishes,fences,barns,storage sheds or other buildings not changing land use or density; (11)extension of utility distribution facilities,including gas,electric,telephone,cable,water and sewer connections to render service in approved subdivisions or in connection with any action on this list; (12)granting of individual setback and lot line variances; (13)granting of an area variance(s)for a single-family,two-family or three-family residence; https://govt.westlaw.com/nycrr/Document/I4ec3a767cd1711 dda432a117e6e0f345?viewTy... 1/16/2018 View Document-New York Codes,Rules and Regulations Page 2 of 3 (14)public or private best forest management(silvicultural)practices on less than 10 acres of land,but not including waste disposal,land clearing not directly related to forest management,clear-cutting or the application of herbicides or pesticides; (15)minor temporary uses of land having negligible or no permanent impact on the environment; (16)installation of traffic control devices on existing streets,roads and highways; (17)mapping of existing roads,streets,highways,natural resources,land uses and ownership patterns; (18)information collection including basic data collection and research,water quality and pollution studies,traffic counts, engineering studies,surveys,subsurface investigations and soils studies that do not commit the agency to undertake,fund or approve any Type I or Unlisted action; (19)official acts of a ministerial nature involving no exercise of discretion,including building permits and historic preservation permits where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building or preservation code(s); (20)routine or continuing agency administration and management,not including new programs or major reordering of priorities that may affect the environment; (22)collective bargaining activities; (23)investments by or on behalf of agencies or pension or retirement systems,or refinancing existing debt; (24)inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; (25)purchase or sale of furnishings,equipment or supplies,including surplus government property,other than the following:land, radioactive material,pesticides,herbicides,or other hazardous materials; (26)license,lease and permit renewals,or transfers of ownership thereof,where there will be no material change in permit conditions or the scope of permitted activities; (27)adoption of regulations,policies,procedures and local legislative decisions in connection with any action on this list; (28)engaging in review of any part of an application to determine compliance with technical requirements,provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this Part have been fulfilled; (29)civil or criminal enforcement proceedings,whether administrative or judicial,including a particular course of action specifically required to be undertaken pursuant to a judgment or order,or the exercise of prosecutorial discretion; (30)adoption of a moratorium on land development or construction; (31)interpreting an existing code,rule or regulation; (32)designation of local landmarks or their inclusion within historic districts; (33)emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health,property or natural resources,provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance,practicable under the circumstances,to the environment.Any decision to fund,approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this Part; (34)actions undertaken,funded or approved prior to the effective dates set forth in SEQR(see chapters 228 of the Laws of 1976, 253 of the Laws of 1977 and 460 of the Laws of 1978),except in the case of an action where it is still practicable either to modify the action in such a way as to mitigate potentially adverse environmental impacts,or to choose a feasible or less environmentally damaging altemative,the commissioner may,at the request of any person,or on his own motion,require the preparation of an environmental impact statement;or,in the case of an action where the responsible agency proposed a modification of the action and the modification may result in a significant adverse impact on the environment,an environmental impact statement must be prepared with respect to such modification; (35)actions requiring a certificate of environmental compatibility and public need under article VII,VIII or X of the Public Service Law and the consideration of,granting or denial of any such certificate; (36)actions subject to the class A or class B regional project jurisdiction of the Adirondack Park Agency or a local government pursuant to sections 807,808 and 809 of the Executive Law,except class B regional projects subject to review by local government pursuant to section 807 of the Executive Law located within the Lake George Park as defined by subdivision one of section 43-0103 of the Environmental Conservation Law;and https://govt.westlaw.com/nycrr/Document/14ec3 a767cd 1711 dda432a 117e6e0f345?viewTy... 1/16/2018 View Document-New York Codes,Rules and Regulations Page 3 of 3 (37)actions of the Legislature and the Governor of the State of New York or of any court,but not actions of local legislative bodies except those local legislative decisions such as rezoning where the local legislative body determines the action will not be entertained. CROSS REFERENCES: Preparation of environmental impact statement,Environmental Conservation Law§8-0109. Coordination of reporting;limitations;lead agency,Environmental Conservation Law§8-0111. Rules and regulations,Environmental Conservation Law§8-0113. Phased implementation,Environmental Conservation Law§8-0117. RESEARCH REFERENCES AND PRACTICE AIDS: National Environmental Policy Act of 1969,Generally.42 U.S.C.A.§4321. 12 NY Jur 2d,Buildings,Zoning,and Land Controls§83. 55 NY Jur 2d,Environmental Rights and Remedies§§57,60,61,62,64,65. 61A Am Jur 2d,Pollution Control§§46,47. 6 CRR-NY 617.5 Current through October 15,2017 END OF DOCUMENT ©2018 Thomson Reuters.No claim to original U.S.Government Works. 2018 Thomson Reuters https://govt.westlaw.com/nycrr/Document/14ec3 a767cd 1711 dda432a 117e6e0f345?viewTy... 1/16/2018