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3.04 3.4 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 Page I 1 441 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". Page 12 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 Page 13 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. Page 14 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 Page 15 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 Page 16