034.2023 Authorizing & Ratifying Emergency Design Services & Pipe Repairs at Hovey Pond Park RESOLUTION AUTHORIZING AND RATIFYING EMERGENCY DESIGN
SERVICES AND PIPE REPAIRS AT HOVEY POND PARK
RESOLUTION NO.: 34,2023
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, the Town of Queensbury's Director of Parks and Recreation (Director) advised
that an old galvanized outlet pipe located at or near the Town's Hovey Pond Park located at 25
Lafayette Street rotted out and failed resulting in a large sink hole developing near the Park's
walking path, and
WHEREAS, the Director further advised that if the sink hole had become larger, based on
the head and wing walls that create a canal that feeds the culvert running under Quaker Road and
the wall fully collapsed, it could have endangered Glenwood Avenue and Quaker Road, and
therefore, the Director arranged for LaBella Engineering, P.C. to assess the conditions and design
repair work specifications and for Kubricky Construction Co. to thereafter perform the needed
repairs to the outlet pipe, downstream outlet wing walls and headwall in accordance with the
Warren County Highway Construction Bid No.: WC 62-21, such design services and repairs
completed on an emergency basis for public health and safety reasons as time would not allow
for the receipt of bids, and
WHEREAS, the Town Board hereby determines that such design services and repairs
constituted an emergency procurement needed to best serve the Town's residents and such repairs
needed to be completed immediately to protect public health and safety,
NOW, THEREFORE, BE IT
RESOLVED, due to the emergency nature of the above-described design services and repairs,
the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and
the Town of Queensbury's Purchasing Policy and authorizes, confirms and ratifies the Town Director
of Parks and Recreation's engagement of LaBella Engineering for the provision of emergency design
services and Kubricky Construction Co. for the provision of emergency repairs in accordance with the
Warren County Highway Construction Bid No.: WC 62-21, related to the failed outlet pipe at the
Town's Hovey Pond Park, as such emergency design services and repairs were needed to maintain
public health and safety to best serve the Town's residents and should have been completed as soon as
possible, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that payment for such services and
repairs in a total amount not to exceed $150,000 shall be made from Capital Construction Account
No.: 001-7110-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to amend
the 2023 Town Budget to transfer $150,000 from General Fund Unappropriated, Undesignated
Fund Balance Account No.: 001-0000-0909 to Capital Construction Account No.: 001-7110-2899
and take any and all other necessary actions to effectuate payment, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor and/or Director of
Parks and Recreation to sign any needed agreements, applications and/or documentation to effectuate
the provision of services and repairs described in this Resolution including any needed permit
applications, temporary easements, easements and/or agreements with the New York State
Department of Environmental Conservation and/or United States Army Corps of Engineers, and the
Town Supervisor, Director of Parks and Recreation, Town Counsel and/or Budget Officer to take any
and all other and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 2nd day of January, 2023,by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None