333.2018 RE- Purchase of Property from Freiberger Trust- Donation-Funds Related to Rush Pond Park Exp. Project 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.: 333,2018
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
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
including the $7,000 down payment, 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 the original $7,000 deposit and an additional
$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$151,223.20 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 a total of $25,550 from local residents led by Glen Bruening through 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 - $25,550
• 166-0000-55031 Interfund Transfers - $75,673.20
• Expense Accounts
• 166-8020-2820 Land Acquisition - $151,223.20
• 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: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None