Newfane mulls federal flood land buyout program

Hazard Mitigation Grant Program pays landowners the value of their property before the flood, preserves land as open space

NEWFANE — More than a year and a half after Tropical Storm Irene tore through town, causing widespread flooding and complete washouts of some houses, the Selectboard is still only at the beginning of many cleanup projects.

The town was informed recently that it had received grant assistance via the Hazard Mitigation Grant Program (HMGP) buyout program, a federal initiative targeted for properties that were partially or completely destroyed by natural disasters.

Selectboard member Chris Druke presented the details of the buyouts to the rest of the board at its March 21 meeting.

Each property receiving grant aid will be appraised for its market value as of Aug. 27, 2011, the day before the storm arrived.

The property owner will then be paid that value in exchange for the town acquiring the property to use as green, undeveloped public space.

Additionally, an outright HMGP grant for a size upgrade to the Wiswall Hill Road culvert was awarded to the town. Advertisements for bids will be placed soon, with the goal of an early spring project start date, as soon as the ground thaws enough to be workable.

Further discussion was tabled to April 4.

Facilitation of these grants to properties on Dover, Hickey, and Stratton Hill roads will all be organized by the town, with the Selectboard having ultimate responsibility.

“It's our job to make sure that every i is dotted and t is crossed on how we proceed with the buyouts of these properties,” Druke said.

“So far, the property owners have been notified, we've had a kickoff meeting, and we've initiated the start of these grants,” he added.

Establishing the property values

The town had opened the table for appraisal bids at the end of their previous meeting, and had received one by the time of the meeting.

Participating property owners may opt out of the program at any time until the land becomes public property. They can either accept or reject the proposed value of the property.

Part of the bid proposal for appraisers stated that they are to work independently. Town Lister Doris Knechtel added that appraisers will be able to review old assessment cards of the property, which the town has on file.

Once a value is agreed upon, according to Druke, the Selectboard will hire an attorney to “essentially buy out the properties into perpetuity,” and the town will take control the land, much of which was washed out.

Only at this point will the town be able to file the paperwork necessary for reimbursement of costs.

Show us the money

Like much of the federal aid that towns around the state have received, wait time and delays on aid have complicated issues of reimbursement on projects in Newfane.

In some cases, not following federal-mandated procedures has has resulted in refusals by the Federal Emergency Management Agency (FEMA) to pay for projects the agency had initially approved.

Selectboard Chair Jonathan Mack noted these same aspects in the HMGP buyout program.

“The way this was originally presented to us was FEMA was going to cover all of this and they'll take care of demolition and everything else,” he said.

“It then turns out the town has to do every single thing and then get reimbursed if we're lucky and haven't done anything wrong in the process,” Mack continued. “I find it appalling that that's how it actually works.”

Others on the Selectboard also expressed concern on how useful the properties would actually be to the town.

Selectboard member Mike Fitzpatrick noted that due to their the size and location, using them as undeveloped recreation spaces would be difficult and could annoy neighbors.

There will be restrictions on what can be placed on the open spaces, such as tents or picnic tables.

A unanimous vote was held in favor of a motion to authorize Druke to look over and authorize the single appraisal bid received on behalf of the board.

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