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202.2008 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 § 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 th 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 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: ? Revenue Acct No. – 166-0000-55031 (Interfund Revenue) $20,000; and 2 ? 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 th accordance with Birchwood’s March 5, 2008 letter and contract; 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 th 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’ th February 6, 2008 letter-form proposal; 3 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, 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 4 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. th 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 5