202.2008 NOA
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on April 7th, 2008 at
the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the
following was adopted and is subject to permissive referendum:
RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL
IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN
RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166
RESOLUTION NO.: 202, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board previously established a Capital Improvement
Plan Reserve Fund #64 (Fund #64) for future Town project developments, and
WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the
Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 to fund expenses associated with the
Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital
Project Fund #166 in the amount of $76,663, and such funds were transferred into such Fund #166
from Capital Improvement Plan Reserve Fund #64, and
WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services of the
Laberge Group for design of the Project and in accordance with the Laberge Group’s Agreement
with the Town, Laberge Group solicited proposals for Archaeological Phase IA/IB and other
ecological services, and
WHEREAS, the Laberge Group reviewed all received proposals for such services and such
services will increase the Project costs and therefore the Town Board wishes to supplement Capital
Project Fund #166 in the amount of $20,000 to cover such increases as well as future expenses and
reimbursables, and
WHEREAS, the total for the Capital Project Fund #166 after the CIP fund allocation will be
$96,663, and
WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of
moneys from Fund #64 in the amount of $20,000 for the supplemental Project, and
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WHEREAS, in accordance with New York State General Municipal Law 6(c), the Town
Board is authorized to withdraw and expend funds from Fund #64 subject to permissive
referendum,
WHEREAS, the Town Board scheduled and duly held a public hearing on Monday, April
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7, 2008 concerning the supplemental Project and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board authorizes and directs the $20,000
increase in the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs that funding for such
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supplemental Project shall be by a transfer from the Capital Reserve Fund #64 in the amount of
$20,000 to transfer to Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and
BE IT FURTHER,
RESOLVED that the Queensbury Town Board further authorizes and directs the Town
Budget Officer to take all action necessary to increase the following accounts for such
appropriations and revenues as necessary:
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Revenue Acct No. – 166-0000-55031 (Interfund Revenue) $20,000; and
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Expense Acct No. – 166-8020-2899 (Engineering) $20,000;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to amend the 2008 Town Budget, make any adjustments, budget amendments, transfers
or prepare any documentation necessary to establish such appropriations and estimated revenues,
and
BE IT FURTHER,
RESOLVED, that in accordance with recommendations from the Laberge Group, the
Town Board further approves and authorizes engagement of the services of the following low
bidders:
1.Birchwood Archaeological Services for an amount not to exceed $6,107 for
provision of Archaeological Phase IA/IB services (Cultural Resource Survey) in
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accordance with Birchwood’s March 5, 2008 letter and contract;
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2.North Country Ecological Services, Inc. (NCES) for an amount not to exceed
$2,200 for provision of environmental assessment/ecological services/habitat
assessment/Karner Blue assessment of the subject property in accordance with
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NCES’ February 26, 2008 letter-form proposal; and
3.North Country Ecological Services, Inc. (NCES) for an amount not to exceed
$6,000 for provision of wetland delineation services in accordance with NCES’
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February 6, 2008 letter-form proposal;
and
BE IT FURTHER,
RESOLVED, that the Laberge Group, as part of their scope of work as outlined by the
contract between the Town and the Laberge Group, shall oversee the services of Birchwood
Archaeological Services and North Country Ecological Services, Inc. authorized hereunder and
review not only such services and associated reports and materials provided to the Town, but
also review and approve their bills for services, and
BE IT FURTHER,
RESOLVED, that Birchwood Archaeological Services and North Country Ecological
Services, Inc. shall be required to provide insurance certificates in form acceptable to the Town
Budget Officer prior to their starting any work under the contracts approved hereunder, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, to
sign any necessary Agreements or documentation associated with such Project in a form acceptable
to the Town Supervisor and Town Counsel and the Town Supervisor, Senior Planner, Director of
Parks and Recreation and/or Town Budget Officer to take any and all other actions necessary to
effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
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Duly adopted this 7 day of April, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : None
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury,
Warren County, New York, do hereby certify that I have compared
the foregoing with the original resolution as listed above
adopted at a Regular Queensbury Town Board Meeting held on
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April 7, 2008 at which a quorum was present and that the same
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is a correct transcript therefrom and of the whole original
thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of
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said Town of Queensbury this 8 day of April, 2008.
SEAL _________________________________
Darleen M. Dougher
Town Clerk-Queensbury
Darleen M. Dougher
Town Clerk-Queensbury
Dated 4-11-2008
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