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297.2009 RESOLUTION AUTHORIZING AGREEMENT WITH DAVID J. DECKER, P.E. & ASSOCIATES FOR PROVISION OF YEAR 2009 PROGRAM AND PROJECT MANAGEMENT SERVICES RELATED TO “LAKE GEORGE – PLAN FOR THE FUTURE” GRANT FUNDING AND EXECUTION OF AGREEMENT #C006868 WITH NEW YORK STATE AND ESTABLISHING APPROPRIATIONS AND ESTIMATED REVENUES FOR GRANT FUNDS RESOLUTION NO.: 297, 2009 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the environmental health and overall quality of life in the Lake George Watershed area is critical to the social and economic well being for the Town of Queensbury, Warren County and the region in general, and WHEREAS, the protection, preservation and proper management of water quality within the basin is an essential ingredient to maintaining this revered natural resource as a key to the social and economic vitality of this region, and WHEREAS, the Town of Queensbury has been an active participant in developing the critically important water quality management plan, and WHEREAS, the adopted document, entitled, “Lake George – Plan for the Future” identifies numerous recommendations and actions as being critical to pursuing the objectives of preserving, protecting and enhancing the water quality throughout the Basin, several of which will require the engagement of contract services to execute these recommendations, and WHEREAS, by Resolution No.: 340,2008, the Queensbury Town Board authorized submission of the Environmental Protection Fund Application for State Assistance Payments – Local Waterfront th Revitalization Program, Year 2008-2009 dated June 30, 2008 in response to New York State’s State’s solicitation of Financial Assistance Grant, and WHEREAS, the NYS Department of State recently awarded to the Town of Queensbury, on behalf of all participating municipalities in the Lake George Watershed Coalition (LGWC), $1,200,000 in matching grant funds for implementation of the Local Waterfront Revitalization Program for 2009-2010, such funds to supplement an announced construction project being progressed by the New York State Department of Transportation to reconstruct part of Route 9, extending into the Village of Lake George, with the local match for this grant already secured by three members of the LGWC, namely the Town of Lake George, Village of Lake George and Warren County, regarding the purchase of the Gaslight Village property and the LGWC’s purchase of the 1400 acre Berry Pond Tract located within the West Brook Watershed,and WHEREAS, the Town Board wishes to also authorize a Year 2009 Agreement with Decker & Associates for the provision of program and project management services in connection with the Town’s grant award, and WHEREAS, a copy of a proposed Agreement between the Town and Decker & Associates has been presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the $1,200,000 in matching grant funding to be received from New York State for implementation of the Environmental Protection Fund Application for State Assistance Payments – Local Waterfront Revitalization Program, Year 2009-2010 program as more specifically set forth above, in the interest of advancing the important work of protecting the preservation of water quality of Lake George, and authorizes and directs the Town Supervisor to execute a Grant Agreement and any other associated documentation and take any other action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, 2 RESOLVED, that the Town Board further establishes appropriations and estimated revenues as follows: ? Increase Appropriations in Account 014-8310-4400-6868 by $1,200,000; ? Increase Revenue in Account 014-0000-53789-6868 by $1,200,000; and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2009 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues and effectuate all terms of this Resolution, and BE IT FURTHER, RESOLVED, that the Town Board further approves of the Agreement for Services between David J. Decker, P.E. & Associates and the Town of Queensbury substantially in the form presented at this meeting for the provision of program and project management services relating to grant funds received by the Town, and BE IT FURTHER, RESOLVED, that the fees paid to Decker & Associates for rendering 12 months worth of , program management services shall be $94,750 not to include out-of-pocket expenses, such services to paid by a temporary loan from the General Fund until such time as the Town receives its grant funds, and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Agreement and further authorizes and directs the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution. th Duly adopted this 14 day of September, 2009, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None 4