443.92
Town Board Meeting
August 17th, 1992
RESOLUTION AUTHORIZING WITHDRAWAL FROM
RECREATION ASSESSMENT RESERVE FUND #61
RESOLUTION NO.: 443, 92
INTRODUCED BY: Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Susan Goetz
WHEREAS, the Town Board of the Town of Queensbury has
previously established the Recreation Assessment Reserve Fund (Fund
#61) and a Hovey Pond Capital Project Fund #82, and
WHEREAS, the Town Board of the Town of Queensbury is desirous
of transferring $33,000.00 from the aforesaid Recreation Assessment
Reserve Fund #61 into the Hovey Pond Capital Project Fund #82, and
WHEREAS, the sum proposed to be transferred from the
Recreation Assessment Reserve Fund #61, will be expended for
improvements to be made at Hovey Pond Park and to conclude the
Hovey Pond Project; said improvements to include those materials,
supplies, engineering costs, and labor/equipment expenses (as
itemized in a memo by the Director of Parks & Recreation to the
Town Supervisor dated August 7, 1992) and
WHEREAS, the Town Board hereby determines that the
expenditures for the Hovey Pond Project would benefit the entire
community, including those subdivision and multi-family
developments, the developers of which have previously paid fees in
lieu of dedicating land for recreational purposes as required by
law, and
WHEREAS, the Town Board of the Town of Queensbury is
authorized by Section 6(c) of the General Municipal Law of the
State of New York to withdraw and expend funds from the aforesaid
Recreation Assessment Reserve Fund #61, in accordance with the
terms and conditions set forth therein,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes a withdrawal and expenditure from the Recreation
Assessment Reserve Fund #61 in the total amount of $33,000.00 to be
deposited in the Hovey Pond Capital Project Fund #82 to pay for the
expenses and improvements to be made in completing the Hovey Pond
Project, as more fully outlined in the preambles hereof, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
further finds that the withdrawal and expenditure for the
previously identified recreation project and improvements at Hovey
Pond Park is an expenditure for improvements or items of equipment
for which the Reserve Fund #61 was established, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
finds that the sum of $33,000.00 amount transferred from the
Recreation Assessment Reserve Fund #61 shall be used to improve and
complete Hovey Pond Park and that it will generally serve the
Town's residential neighborhoods, subdivisions, and multi-family
dwellings, the developers of which have heretofore contributed fees
in lieu of developing recreational areas, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
further directs that in the event that any funds are remaining in
said Hovey Pond Capital Project Fund after completion of the
project or in the event that said project is not undertaken, the
money in the said account shall be returned to the Recreation
Assessment Reserve Fund #61, and
BE IT FURTHER,
RESOLVED, that subject to successful completion of the
permissive referendum or lapse of time to request the same, the
Town Board hereby amends the Hovey Pond Project Budget to increase
the appropriation and to reflect the appropriation and transfers
authorized hereby and authorizes the Town Supervisor, as Chief
Fiscal Officer, to make the appropriate transfers and accounting,
and
BE IT FURTHER,
RESOLVED, that in accordance with the General Municipal Law of
the State of New York, this resolution shall be subject to a
permissive referendum in accordance with the provisions of Article
7 of the Town Law, and the Town Clerk of the Town of Queensbury is
hereby authorized and directed to publish and post such notices and
take such other actions as may be required by law, indicating that
this resolution is subject to a permissive referendum.
Duly adopted this 17th day of August, 1992, by the following
vote:
AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano,
Mr. Brandt
NOES: None
ABSENT: None
DISCUSSION BEFORE VOTE:
Supervisor Brandt-This is a resolution to allocate $33,000.00 from
the Recreation Assessment Reserve Fund to the Hovey Pond Capital
Project Fund and there is attached a schedule of a budget of
estimates to finish the work that we've undertaken at Hovey Pond
and comes to a total of $33,000.00. The budget is not, I think
there's a little bit of padding in it but not very much and this is
in addition to the monies that were appropriated prior to this
which was I think about $16,000.00 if I can trust my memory.
Councilman Tucker-No, it was 13 I think. It was 13, there was 4
that was left in, wasn't it?
Supervisor-Well, there was 13, I guess your right, there was money
in engineering besides, I believe. Anyhow, we believe this would
be enough to finish what we're undertaking at this time.
Councilman Monahan-My concern is here and that I hope it doesn't
happen, is that we have had individuals and companies in this Town
come forward with very concrete offers of donated time, materials,
labor, etc. I see the note down here that you know, that this may
now all have to be expended that there are donated services
material and stuff so all this may not be needed. But, my concern
is before any of these expenditures are done that it be put against
the list of people that have offered donations so that we're not
unnecessarily expended money out of fees that were collected from
our recreation fees our green fees, I should call them. I would
hope that a very concerted effort, that's why I have a little
problem with moving this kind of a lump sum until that breakdown
has been done.
Councilman Goetz-Harry you had the list that was available at the
clerk's office, did you use it when you drew up this budget?
Harry Hansen-No, I didn't that's exactly why that statement at the
bottom of the paragraph is made. I pointed out, in fact some of
the funds may not be necessary to spend. But, again you have that
thirty day waiting period if you don't move it from the rec reserve
into the Hovey Pond project then you can't spend it. Nobody says
we have to spend it and we've already, I believe you have touched
base with Mary Lee Goseline so that we can get together on those
donated services. But, I wanted to put the money in there so at
least it's in there.
Councilman Caimano-Just a reminder. We talked about this before to
all of us. Nothing says we have to spend it, but the law of
government expenditures is whatever is voted upon is spent.
Councilman Monahan-We're actually authorizing the expenditures once
we move that money. It doesn't come back to us until it's in the
audit.
Supervisor Brandt-Well, I think that's the will of the board, it's
up to the board. In otherwords it's clearly understood by the
administration that there are services that may be available they
may not be either you have to go find out if in fact they are. You
have to see what is and what isn't, what can be, what we can
harvest, what we can't. In effect though, you can't spend money
there unless you allocate it. I have no problem coming item by
item if the board would like to take them item by item and
authorize them for expenditure that's fine. But, the first thing
you do is you move the money or at least you move the appropriation
into this fund and that's subject to permissive referendum. What
your really doing is telling the public if they want to force a
referendum they can and they can stop it at that point. That's all
this motion and that's all this resolution is for. I'd be glad to
stop the work there until the board passes on each individual item
and rules on it.
Councilman Tucker-We have thirty days before we can touch any of
this money.
Supervisor Brandt-That's right.
Councilman Tucker-Harry, do you have the pre-donations? A list of
what we're going to get?
Mr. Hansen-I think we can get together with the individuals
involved and find out if...some of these things and we can maybe
deduct these amounts, sure.
Councilman Caimano-That's a good point.
Councilman Tucker-I don't know whether they have to be deducted.
Councilman Caimano-For example, Sue talked to the fellow from Trout
Unlimited, he was going to give us cash, right? Remember that
night he was going to donate cash?
Councilman Goetz-He talked about. We had a letter to that effect
afterwards.
Councilman Tucker-But, the thing is that under the law we got to
move this money so it's there. We don't necessarily have to use it
and we'll know who's going to donate and what have you by the time
this is ready to be spent and do it accordingly, right? I, so move
that we move the $33,000.
Councilman Goetz-I'll second it.
Resolution passed.