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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.