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4.03 4.3 FINANCIAL\3017\Emergency Repairs—Clendon Brook Road—Transfer$From Highway Fund Bal—9-35-17 RESOLUTION AUTHORIZING TRANSFER OF MONEYS TO PROVIDE FOR PAYMENT FOR EMERGENCY REPAIRS TO CLENDON BROOK ROAD AND CLENDON BROOK CULVERT RESOLUTION NO.: , 2017 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, on July 1St, 2017, a storm caused a failure of the Clendon Brook Culvert in the Town of Queensbury, and WHEREAS, by Resolution No.: 197,2017, the Town Board authorized the Town Supervisor and/or Town Highway Superintendent to arrange for emergency repairs to the Clendon Brook Culvert, and WHEREAS, the Town Board wishes to authorize a transfer of funds in the amount of$27,500 from the Highway Fund Balance to pay for such repairs, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes the Town Budget Officer to take all actions necessary to transfer $27,500 from Highway Fund Balance Account No.: 004-0000-0909 to Emergency Repairs to Clendon Brook Road Account No.: 004-5110- 4441 and amend the Town Budget accordingly, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate all terms of this Resolution. Duly adopted this 25 I day of September, 2017, by the following vote: AYES NOES ABSENT : 2 RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO CLENDON BROOK ROAD AND CLENDON BROOK CULVERT RESOLUTION NO.: 197,2017 INTRODUCED BY: Mr.Doug Irish WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, on July 1St, 2017, a major storm caused a failure of the Clendon Brook Culvert in the Town of Queensbury with water flows exceeding the capacity of the Clendon Brook Culvert causing the washout and destruction of a portion of the overlying Clendon Brook Road approximately 1,000' west of the Clendon Brook and West Mountain Road intersection, and WHEREAS, Town Supervisor John F. Strough, Deputy Highway Superintendent David Duell, Jim Lieberum and Bob Bombard of the Warren County Soil and Water Conservation District, and Chazen Engineering's Engineer Sean Doty have been on-site to inspect the damage, and WHEREAS, the New York State Department of Environmental Conservation and City of Glens Falls Engineer have been contacted to advise them of the emergency situation, and WHEREAS, the Town Fire Marshal and Public Safety Officer Michael Palmer has advised that he will contact all five (5) Town Fire Departments and three (3) Town Emergency Medical Squads to inform them of the emergency situation in order to arrange for the possible rerouting of fire and emergency personnel when responding to any fire and/or emergency calls in that area, and WHEREAS, in accordance with New York State Executive Law Article 2-B, the Town Supervisor may declare a local state of emergency in response to a threat to public safety, and r r WHEREAS,the Town Supervisor has therefore made such declaration, and WHEREAS, it is recommended that the Town make certain repairs to the Clendon Brook Culvert and Clendon Brook Road on an emergency basis for public safety and public access reasons as time will not allow for the receipt of bids to complete repairs, and WHEREAS, the Deputy Highway Superintendent and Town Supervisor will maintain communications with proper authorities to determine the proper course of action in getting the emergency repairs done as soon as possible, and WHEREAS, if Town resources are insufficient to make such needed repairs, the Town will seek emergency repairs with other construction firms, and WHEREAS, the Town Board hereby determines that such repair services constitute an emergency procurement needed to best serve the Town's residents and such repairs should be done as soon as possible, NOW, THEREFORE,BE IT RESOLVED, in accordance with New York State Executive Law Article 2-B, the Town Supervisor has declared a local state of emergency and therefore, due to such declaration and the emergency nature of the above-described needed repairs, the Queensbury Town Board hereby waives its requirement under General Municipal Law §103 and the Town of Queensbury's Purchasing Policy and authorizes, directs and ratifies the Town Supervisor and/or Town Highway Superintendent to arrange for the emergency repairs to Clendon Brook Road and Culvert as delineated in the preambles of this Resolution as such emergency repairs are needed to best serve the Town's residents and should be made as soon as possible, and BE IT FURTHER, 2 vo RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation and the Town Supervisor, Highway Superintendent, Deputy Superintendent and/or Town Budget Officer to take all action necessary to effectuate the terms of this Resolution. Duly adopted this 3rd day of July,2017, by the following vote: AYES : Mr. Brewer,Mr. Strough, Mr. Metivier,Mr. Clements,Mr. Irish NOES : None ABSENT : None 3