3.13 3.13
GRANTS\Rtish Pond Project—Grant Ftuids With Loan From General Ftuid Until Proceeds Received—9-10-18
RESOLUTION REAFFIRMING RESOLUTIONS REGARDING PURCHASE
OF PROPERTY FROM FREIBERGER TRUST AND ACCEPTANCE OF
DONATIONS AND GRANT FUNDS RELATED TO RUSH POND PARK
EXPANSION PROJECT
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized
establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund 4166 which established funding for expenses associated with the Multi-Use Rush Pond
Bicycle/Pedestrian Path, and
WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor
to execute a $50,000 grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a
Grant Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5
acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights
appurtenant to the Rush Pond Park, and
WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017
(Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to
purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to
certain real property located at 0 West Mountain Road in the Town of Queensbury, to be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust, and
WHEREAS, by Resolution No.: 293,2018, the Town Board authorized the Assignment of
Real Estate Contract From Glen Bruening to the Town of Queensbury regarding such real property,
and
WHEREAS, the Town Board wishes to reaffirm Resolution Nos: 278,2018 and 293,2018
regarding the Town's purchase of property from the Freiberger Trust, clarify the accounts from
which the purchase was made, authorize acceptance of a $18,550 donation toward the purchase from
the Queensbury Land Conservancy, and authorize a temporary loan from the General Fund up to
$50,000 until such time as such grant funds are received,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby reaffirms Resolution Nos: 278,2018
and 293,2018 regarding the Town's purchase of 77.5 acres of unimproved land located in the Town
owned by the Martha Freiberger Trust with rights appurtenant to the Rush Pond Park for the amount
of$144,223.20 and the Town's acceptance of the $50,000 capital grant from the Open Space Institute
Land Trust, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the acceptance of the generous donation
of$18,550 from the Queensbury Land Conservancy toward such property purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes $75,673.20 from the General Fund
Unappropriated Fund Balance toward such property purchase, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes a temporary loan from the General Fund
to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 4166 up to $50,000 until such time as
grant funds are received, and
BE IT FURTHER,
RESOLVED that the Town Board further authorizes and directs the Town Budget Officer
to take all action necessary to increase the following appropriations and revenues as necessary:
• Revenue Accounts
• 166-0000-52705 Gifts Donations - $50,000
• 166-0000-52705 Gifts Donations - $18,550
• 166-0000-55031 Interfund Transfers - $75,673.20
• Expense Accounts
• 166-8020-2820 Land Acquisition - $144,223.20
• 001-9950-9030 - Transfer to Capital Projects - $75,673.20
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, transfers or
prepare any documentation necessary regarding such appropriations and revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or
Town Budget Officer to take such other and further actions as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 10ffi day of September, 2018 by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN
TOWN OF QUEENSBURY AND OPEN SPACE INSTITUTE LAND TRUST,
INC., REGARDING RUSH POND PARK EXPANSION PROJECT
RESOLUTION NO.: 278,2018
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 178, 2007, the Queensbury Town Board authorized
establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund #166 which established funding for expenses associated with the Multi-Use Rush
Pond Bicycle/Pedestrian Path, and
WHEREAS, by letter dated June 19, 2018 presented at this meeting, the Open Space
Institute Land Trust, Inc., (OSI) has advised the Town that OSI has preliminarily approved a
$50,000 capital grant to the Town for the Town's portion of the purchase price of the fee interest in
the Town's acquisition of 77.5 acres of unimproved land located in the Town owned by the Martha
Frieberger Trust with rights appurtenant to the Rush Pond Park, and
WHEREAS, OSI has provided a proposed Grant Agreement to the Town providing for the
award of such grant funds,and
WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the
award letter and a revised Grant Agreement based on Town Counsel's review,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Supervisor to sign the June 19, 2018 grant award letter from the Open Space Institute Land Trust,
Inc., (OSI) and a revised Grant Agreement between the Town of Queensbury and the Open Space
Institute Land Trust, Inc., (OSI) regarding the Town's purchase of 77.5 acres of unimproved land
located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush
Pond Park, in their current form or in a form substantially similar which is acceptable to the Town
Supervisor,Town Budget Officer and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer and/or Town Counsel to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 16"'day of July, 2018 by the following vote:
AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer,Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
RESOLUTION AUTHORIZING ASSIGNMENT OF REAL ESTATE
CONTRACT FROM GLEN BRUENING TO TOWN OF QUEENSBURY
RESOLUTION NO.: 293,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized
establislunent of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund #166 which established funding for expenses associated with the Multi-Use Rush
Pond Bicycle/Pedestrian Path, and
WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town
Supervisor to execute a grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and
a Grant Agreement between the Town of Queensbury and OSI regarding the Town's purchase of
77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with
rights appurtenant to the Rush Pond Park, and
WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017
(Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to
purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to
certain real property located at 0 West Mountain Road in the Town of Queensbury and it may be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust; and
WHEREAS, Mr. Bruening wishes to assign to the Town of Queensbury all of his rights
and obligations to the property under the Contract, and
WHEREAS, a proposed Assignment of Real Estate Contract From Glen Bruening to the
Town of Queensbury is presented at this meeting and is in forni acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the
Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding
certain real property located at 0 West Mountain Road in the Town of Queensbury as delineated
in the preambles of this Resolution in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Assignment and take all actions the Town Supervisor deems necessary or appropriate
to complete the purchase of such real property, including signing all closing documents and real
property forms, and to purchase title insurance insuring the Town's interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Budget Officer and/or Town Counsel to take such other and further actions as may be
necessary to effectuate the terms of this Resolution.
Duly adopted this 6"' day of August, 2018 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden,Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None
Pamela Hunsinger
From: Joanne Watkins
Sent: Thursday, August 30, 2018 3:37 PM
To: Pamela Hunsinger; Queensbury Supervisor Office
Cc: Barbara Tierney
Subject: Freiberger
Attachments: 293.2018 Contract from Glen Bruening to Town.doc; 278.2018 Authorizing Grant
Agreement Between TOQ and Open Space Institut....doc; scanjoannew_
2018-08-30-14-56-35.pdf
Pam,
The attached resolution 293,18 gave the Town permission to buy the Freiberger land.The closing was this morning and
we purchased the land for$144,223.20. 1 think we need an additional resolution stating where the money is coming
from. Res 278,2018 states some is coming from a grant for$50,000, we did receive a donation from the Queensbury
Land Conservancy with restrictions(attached is the letter that came with the check) in the amount of$18,550 and the
remaining amount of$75,673.20 should come from General Fund Unappropriated Fund Balance. We also will need to
state that the General Fund needs to Loan the Rush Pond Fund#166 up to the$50,000 of the Grant money.
The Revenue Accounts are 166-0000-52705 Gifts Donations$50,000, 166-0000-52705 Gifts Donations $18,550 and 166-
0000-55031 Interfund Transfers$75,673.20
The Expense Accounts are 166-8020-2820 Land Acquisition $144,223.20,001-9950-9030 Transfer to Capital Projects
$75,673.20
This should be on for the 9/10 meeting
Thank you!
P"04C zafvii«¢
Accountant
Town of Queensbury
518-761-8239
1
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cf
Queensbury Land Conservancy,Inc.
169 Haviland Road
Queensbury,NY 12804 i
518-792-2006
glcny.l@gmail.com
www.glcny.org
AN
This money was donated by concerned residents of Queensbury who
wanted to keep the Friberger Parcel green, and so this money is
restricted to help in the purchase of that land.
U SJ
We are a 501(c)(3)tax exempt corporation..411 donations are tax deductible.
484
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