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AGREEMENTS\\Memorandum of Understanding–With USDA Natural Resources Conservation Service-Meadowbrook Road Flood Damage–3-8-2021
RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING
BETWEEN TOWN OF QUEENSBURY AND UNITED STATES
DEPARTMENT OF AGRICULTURE NATURAL RESOURCES
CONSERVATION SERVICE
RESOLUTION NO.: _____________________________________________________, 2021
INTRODUCED BY: ______________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: ______________________________________________________
WHEREAS, the Queensbury Town Supervisor’s Office was contacted by Program
Analyst Kimberley Glenn, a representative of the United States Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS) regarding an NRCS Emergency
Watershed Protection Program (Floodplain Easements), and
WHEREAS, Jim Lieberum, Warren County Soil & Water Conservation District
Manager, and Tom Bielli, USDA NRCS Service District Conservationist, toured the Town
following a major storm that occurred on October 31, 2019 and determined that two properties
located immediately adjacent to Halfway Brook as the Brook passes under Meadowbrook Road,
might be eligible for the NRCS Emergency Watershed Protection Program, and
WHEREAS, the two properties that experience periodic flooding as a result of their location
adjacent to the Halfway Brook are:
1. 236 Meadowbrook Road, Queensbury, NY 12804
a. Owner: Nina Bakhtin
b. Lot #: 297.13-1-2
c. North side of Halfway Brook
d. 0.91 acres
e. Town assessment/full market value: $116,600
and
2. 228 Meadowbrook Road, Queensbury, NY 12804
a. Owner: Kenneth and Marisa Colvin
b. Lot #: 297.13-1-3
c. South side of Halfway Brook
d. 0.62 acres
e. Town assessment/full market value: $158,500
and
WHEREAS, Town Supervisor John Strough and Ward 2 Councilperson Harrison Freer
met with these two impacted property owners and discussed with them the NRCS Emergency
Watershed Protection Program, and
WHEREAS, these property owners indicated interest in proceeding with this program
process which would result in the owners’ conveyance of permanent floodplain easements over
their properties, and
WHEREAS, the program requires the Town to participate as a program sponsor and to
assist in disseminating information about the program, accepting applications from eligible
property owners who wish to enroll in the program and other related tasks, and
WHEREAS, the Town of Queensbury and the USDA NRCS wish to establish and
formalize their working arrangements in a Memorandum of Understanding (MOU), and
WHEREAS, the MOU requires no expenditure of funds by the Town, but is a necessary
step in the NRCS process to enroll the two eligible property owners into the program, and
WHEREAS, a proposed MOU is presented at this meeting and is in form acceptable to
Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Supervisor to
execute the Memorandum of Understanding between the Town of Queensbury and the United
States Department of Agriculture Natural Resources Conservation Service substantially in the
form presented at this meeting and to execute any further documents necessary to further the
purpose of the Memorandum of Understanding, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Supervisor and/or Town Budget
Officer to undertake any further actions necessary to effectuate the terms of this Resolution.
th
Duly adopted this 8day of March, 2021, by the following vote:
AYES :
NOES :
ABSENT:
Agreement No.N3621MO00011500
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TOWN OF QUEENSBURY
AND
THE UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
This Memorandum of Understanding (MOU) is entered into by and between the Town of
Queensbury and the United States Department of Agriculture, Natural Resources Conservation
Service (NRCS NY).
BACKGROUND
As a result of the Halloween Storm in 2019, two properties, located in the Town of
Queensbury, Warren County, NY, suffered substantial flood damages.The two properties: 236
Meadowbrook Road (on the North side of Halfway Brook) and 228 Meadowbrook Road (on
the South side of Halfway Brook) both in Queensbury, NY 12804 are those that sustained
damage.
PARTIES TO THIS MOU
1-Town of Queensbury, Project Sponsor
742 Bay Road
Queensbury, NY 12804
Project Contact:John Strough,Town Supervisor
And
2-Natural Resources Conservation Service (NRCS)
The Galleries of Syracuse
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441 S. Salina Street
Room#520
Syracuse, NY 13202
Project Contacts: Peter Gibbs, Easement Program Manager(technical), Kimberley Glenn,
Program Analyst(administrative)
AUTHORITY
33 U.S.C. 701b-1, 16 U.S.C. 2203 Emergency Watershed Protection Program Floodplain
Easements(EWPP-FPE)
PURPOSE
The purpose of this MOU is to establish working arrangements between,the Town of
Queensbury(from here forward known as project sponsor), and the Natural Resources
Conservation Service (NRCS). Through this MOU the project sponsor must agree to:
1. Assist in the public dissemination of program availability to those affected residents in
the community
2. Conduct application signups and accept applications for EWPP-FPE(AD-1153)
3. Conduct public meetings and a public information campaign concerning availability of
the program
4. Identify all properties needed to ensure the restoration of the entire floodplain reach
and identify strategy that will be implemented to secure all needed properties
5. Secure EWPP-FPE applications from all properties identified for enrollment inEWPP-FPE
as part of the strategy
These requirements are set forth in the EWPP-FPE Program Manual.
In conjunction with adhering to the policy outlined in the Program Manual, the process set
forth in National Bulletin 390-20-6 PDM—Emergency Watershed Protection Program—
Floodplain Easements (EWPP-FPE)Streamlined Submission of State Funding Needs for
Individual Projects, must be completed as well.This dovetails with the requirements of the
project sponsor outlined above. In addition to conducting application signups and accepting
applications(AD-1153), the additional documents/information identified below must be
collected to allow NRCS NY to submit official funding requests for"Preliminary Due Diligence
Funds".
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EWPP-FPE Required Documents
AD-1153 "Application for Long-Term Contracted Assistance"
Proof of Ownership documentation—include supporting documentation showing it covers
all land being offered.
Proof of Recordable/Existing Access and map of access route identifying name of public
road (if applicable) and ownership of lands underlying access route
Map of proposed easement area—include location, boundary and acres
Land eligibility determination document and supporting documents
Proof of damage from identified disaster with sufficient site-specific supporting
documentation
Appraisal Supporting Documentation to order an appraisal if applicable, see list contained
at NB390-20-5 Attachment A Section D for additional information.
The EWPP-FPE application form (AD-1153) and associated documents/information listed above,
must be submitted to NRCS. NRCS will then complete an onsite evaluation and preliminary
review and assess the applications to determine the project to be preliminarily eligible and
restorable. After the review, NRCS will submit the document package to National Headquarters
(NRCS NHQ) in Washington DC to request the necessary due diligence funds.
Continuing the process set forth in National Bulletin 390-20-6 PDM—Emergency Watershed
Protection Program—Floodplain Easements(EWPP-FPE)Streamlined Submission of State
Funding Needs for Individual Projects,the next official funding request is"Enrollment Funds".
The list below identifies all documents/information required to allow NRCS to submit the
"Enrollment Funds" official funding request.
EWPP-FPE Required Documents
Ranking together with supporting documentation, completed in CART(if applicable)
Preliminary Due Diligence
1. Environmental Database Search and NRCS review of report
2. Preliminary Title Report and NRCS review of report
Landowner Entity Documents (if applicable)
1. Entity documents including, but not limited to articles of incorporation,
bylaws, trust, etc.
2. Certificate/Proof of Good Standing
3. Signature Authority
4. CCC-901 or CCC-902
Land Eligibility Documents (390 Part 514.2)
1. Plat Map, if applicable
2. Hazardous Materials Field Inspection
3. Hazardous Materials Landowner Interview
4. Landowner Disclosure Worksheet
5. Preliminary Certificate of Inspection and Possession,NRCS-LTP-27
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6. NRCS-CPA-52, "Environmental Evaluation Worksheet"
7. Cultural Resource Review or Materials to order Review
8. Preliminary Restoration Plan, Map, and Estimated Costs
Partnership Agreement between project sponsor and NRCS per 390 Part 514.33B.(3)on
Lands with Residences or Structures (if applicable)
Easement Valuation for Agricultural Lands and Other Lands Without Residences or Other
Structures (390 parts 514.31 & 514.32 as revised by 440 part 527 and NB 390-20-5)
1. Fair Market Value—maps or documentation that indicates land use and values
2. Valuation Map including land use acreages if using AWMA/GARC
3. Easement Value Calculation Sheet
OR
1. Appraisal, Technical Review,National Appraiser Review (if exceeds$1M
Easement Valuation for Land with Structures (390 parts 514.31 & 514.33 as revised by
440 part 527 and NB 390-20-5)
1. Appraisal, Technical Review,National Appraiser Review (f value exceeds
$IM))
2. Documentation of whether any other recovery assistance was received (FEMA
grant, insurance proceeds, etc.)
_ 3. Documentation of repair expenditures using other recovery assistance funds.
4. Easement Value Calculation Sheet reducing value for any recovery assistance
not used for intended purpose or for relocation of structures.
Landowner Written Offer, if applicable
Applicable Waivers:
SF-1199 "Direct Deposit" for all landowners
Additional Supporting Documentation:
While some of these items need to be completed by NRCS, some need to be completed by/or
have assistance in being completed with the project sponsor. Once all forms have been
completed, NRCS NY may submit an official funds request to NRCS NHQ, requesting an
allocation for the individual parcel, including funds for the easement compensation, survey,
title update, environmental database search, closing services and associated costs, and
restoration.
After successful completion of the process outlined above, tax parcels/landowners approved
for tentative funding by NRCS NHQ into NRCS' EWPP-FPE program would have the associated
funding allocated from NRCS NHQ to NRCS NY.
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GENERAL PROVISIONS
A. Period of Performance
This MOU takes effect upon the signature of the Parties and shall remain in effect through July
30, 2025, or until mutually modified or terminated.
B. Amendments
This MOU may be extended or amended upon written request of either Party and the
subsequent written concurrence of the other. Either of the Parties may terminate this MOU
with a 60-day written notice to the other.
C. Other
1. The Department of Agriculture and the Town of Queensbury and their respective
agencies and offices will handle their own activities and utilize their own resources,
including the expenditure of their own funds, in pursuing these objectives. Each
party will carry out its separate activities in a coordinated and mutually beneficial
manner.
2. Nothing in this MOU shall obligate either the Department of Agriculture or the Town
of Queensbury to obligate or transfer any funds. Specific work projects or activities
that involve the transfer of funds, services, or property among the various agencies
and offices of the Department of Agriculture and the Town of Queensbury will
require execution of separate agreements and be contingent upon the availability of
appropriated funds. Such activities must be independently authorized by
appropriate statutory authority.This MOU does not provide such authority.
Negotiation, execution, and administration of each such agreement must comply
with all applicable statutes and regulations.
3. This MOU is not intended to, and does not create, any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or equity, by a party
against the United States, its agencies, its officers, or any person.
4. All activities and programs conducted under this MOU shall be in compliance with
the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act
of 1964, as amended; Civil Rights Restoration Act of 1987 (Public Law 100-250); and
other nondiscrimination statutes; namely, Section 504 of the Rehabilitation Act of
1973, Title IX of the Education Amendment of 1972, and the Age Discrimination Act
of 1975. Also, they will be in accordance with regulations of the Secretary of
Agriculture (7 CFR Part 15, subpart A), which provide that no person in the United
States shall on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
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discrimination under any program or activity of an applicant or recipient receiving
federal financial assistance from the Department of Agriculture or any Agency
thereof.
5. All activities conducted under this MOU shall be in compliance with the Drug-Free
Workplace Act of 1988 (Public Law 100-690,Title V, Subtitle D).
John Strough,Town Supervisor Date
Town of Queensbury
Blake Glover, State Conservationist Date
Natural Resources Conservation Service, New York
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