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3.13 3.13 GRANTS\Rtish Pond Project—Grant Ftuids With Loan From General Ftuid Until Proceeds Received—9-10-18 RESOLUTION REAFFIRMING RESOLUTIONS REGARDING PURCHASE OF PROPERTY FROM FREIBERGER TRUST AND ACCEPTANCE OF DONATIONS AND GRANT FUNDS RELATED TO RUSH POND PARK EXPANSION PROJECT RESOLUTION NO. ,2018 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 4166 which established funding for expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path, and WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor to execute a $50,000 grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a Grant Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush Pond Park, and WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017 (Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to certain real property located at 0 West Mountain Road in the Town of Queensbury, to be assigned to the Town of Queensbury without any further consent of the Freiberger Trust, and WHEREAS, by Resolution No.: 293,2018, the Town Board authorized the Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding such real property, and WHEREAS, the Town Board wishes to reaffirm Resolution Nos: 278,2018 and 293,2018 regarding the Town's purchase of property from the Freiberger Trust, clarify the accounts from which the purchase was made, authorize acceptance of a $18,550 donation toward the purchase from the Queensbury Land Conservancy, and authorize a temporary loan from the General Fund up to $50,000 until such time as such grant funds are received, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms Resolution Nos: 278,2018 and 293,2018 regarding the Town's purchase of 77.5 acres of unimproved land located in the Town owned by the Martha Freiberger Trust with rights appurtenant to the Rush Pond Park for the amount of$144,223.20 and the Town's acceptance of the $50,000 capital grant from the Open Space Institute Land Trust, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the acceptance of the generous donation of$18,550 from the Queensbury Land Conservancy toward such property purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes $75,673.20 from the General Fund Unappropriated Fund Balance toward such property purchase, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the General Fund to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund 4166 up to $50,000 until such time as grant funds are received, and BE IT FURTHER, RESOLVED that the Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following appropriations and revenues as necessary: • Revenue Accounts • 166-0000-52705 Gifts Donations - $50,000 • 166-0000-52705 Gifts Donations - $18,550 • 166-0000-55031 Interfund Transfers - $75,673.20 • Expense Accounts • 166-8020-2820 Land Acquisition - $144,223.20 • 001-9950-9030 - Transfer to Capital Projects - $75,673.20 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary regarding such appropriations and revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, and/or Town Budget Officer to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 10ffi day of September, 2018 by the following vote: AYES NOES ABSENT: RESOLUTION AUTHORIZING GRANT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND OPEN SPACE INSTITUTE LAND TRUST, INC., REGARDING RUSH POND PARK EXPANSION PROJECT RESOLUTION NO.: 278,2018 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 178, 2007, the Queensbury Town Board authorized establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 which established funding for expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path, and WHEREAS, by letter dated June 19, 2018 presented at this meeting, the Open Space Institute Land Trust, Inc., (OSI) has advised the Town that OSI has preliminarily approved a $50,000 capital grant to the Town for the Town's portion of the purchase price of the fee interest in the Town's acquisition of 77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush Pond Park, and WHEREAS, OSI has provided a proposed Grant Agreement to the Town providing for the award of such grant funds,and WHEREAS, the Town Board wishes to authorize the Town Supervisor to execute the award letter and a revised Grant Agreement based on Town Counsel's review, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor to sign the June 19, 2018 grant award letter from the Open Space Institute Land Trust, Inc., (OSI) and a revised Grant Agreement between the Town of Queensbury and the Open Space Institute Land Trust, Inc., (OSI) regarding the Town's purchase of 77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush Pond Park, in their current form or in a form substantially similar which is acceptable to the Town Supervisor,Town Budget Officer and/or Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 16"'day of July, 2018 by the following vote: AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer,Mr. Strough, Mr. Metivier NOES None ABSENT: None RESOLUTION AUTHORIZING ASSIGNMENT OF REAL ESTATE CONTRACT FROM GLEN BRUENING TO TOWN OF QUEENSBURY RESOLUTION NO.: 293,2018 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. George Ferone WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized establislunent of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 which established funding for expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path, and WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor to execute a grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a Grant Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5 acres of unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to the Rush Pond Park, and WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017 (Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to certain real property located at 0 West Mountain Road in the Town of Queensbury and it may be assigned to the Town of Queensbury without any further consent of the Freiberger Trust; and WHEREAS, Mr. Bruening wishes to assign to the Town of Queensbury all of his rights and obligations to the property under the Contract, and WHEREAS, a proposed Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury is presented at this meeting and is in forni acceptable to Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding certain real property located at 0 West Mountain Road in the Town of Queensbury as delineated in the preambles of this Resolution in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute such Assignment and take all actions the Town Supervisor deems necessary or appropriate to complete the purchase of such real property, including signing all closing documents and real property forms, and to purchase title insurance insuring the Town's interest, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 6"' day of August, 2018 by the following vote: AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden,Mr. Ferone, Mrs. Switzer NOES: None ABSENT: None Pamela Hunsinger From: Joanne Watkins Sent: Thursday, August 30, 2018 3:37 PM To: Pamela Hunsinger; Queensbury Supervisor Office Cc: Barbara Tierney Subject: Freiberger Attachments: 293.2018 Contract from Glen Bruening to Town.doc; 278.2018 Authorizing Grant Agreement Between TOQ and Open Space Institut....doc; scanjoannew_ 2018-08-30-14-56-35.pdf Pam, The attached resolution 293,18 gave the Town permission to buy the Freiberger land.The closing was this morning and we purchased the land for$144,223.20. 1 think we need an additional resolution stating where the money is coming from. Res 278,2018 states some is coming from a grant for$50,000, we did receive a donation from the Queensbury Land Conservancy with restrictions(attached is the letter that came with the check) in the amount of$18,550 and the remaining amount of$75,673.20 should come from General Fund Unappropriated Fund Balance. We also will need to state that the General Fund needs to Loan the Rush Pond Fund#166 up to the$50,000 of the Grant money. The Revenue Accounts are 166-0000-52705 Gifts Donations$50,000, 166-0000-52705 Gifts Donations $18,550 and 166- 0000-55031 Interfund Transfers$75,673.20 The Expense Accounts are 166-8020-2820 Land Acquisition $144,223.20,001-9950-9030 Transfer to Capital Projects $75,673.20 This should be on for the 9/10 meeting Thank you! P"04C zafvii«¢ Accountant Town of Queensbury 518-761-8239 1 .\.,j i ._vvvf�` cf Queensbury Land Conservancy,Inc. 169 Haviland Road Queensbury,NY 12804 i 518-792-2006 glcny.l@gmail.com www.glcny.org AN This money was donated by concerned residents of Queensbury who wanted to keep the Friberger Parcel green, and so this money is restricted to help in the purchase of that land. U SJ We are a 501(c)(3)tax exempt corporation..411 donations are tax deductible. 484 ' aUN' URY LAND CONSERVANCY, INC. 169 HAVILAND ROAD L*d EENSBURY, NY 12804 50-255 213 DateTIONAL COMPANY - LCOM � M'0048411' >;a.021302554i: 1021124 511' • Date �� t ^^ 088980 w Received From Wn � rLL nc N Address ZOLL � T W Z \ Dollars$��•5Sr3,t� Q'_Q a For. I o,� S� ('ozL�l '-I M IL 0 CI ¢vZ � a � w . - n AMT.OF N {II O Q ACCOUNT CASH I U ~ AMT.PAID _ CHECK BA DUE LANCE MONEY ORDER❑ B y CREDIT CARDS