270.2010 capital project fund #177 Homer Ave.d
RESOLUTION APPROVING AGREEMENT FOR NEW DRAINAGE PIPE
BETWEEN HOMER AVENUE AND QUAKER ROAD AND
ESTABLISHING CAPITAL PROJECT FUND TO BE KNOWN AS
HOMER AVENUE/QUAKER ROAD DRAINAGE PROJECT FUND #177
RESOLUTION NO.: 270, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, between Homer Avenue and Quaker Road in the Town of Queensbury there
is a pair of failed drainage pipes, which extend from and through property owned by Time Warner
Cable, Minogue’s Beverage Center and The Tire Warehouse to Quaker Road, and
WHEREAS, the purpose of the pipes is to conduct streamwater and runoff to a drainage
culvert in Warren County’s right-of-way adjacent to Quaker Road, and
WHEREAS, as a result of the failure of the drainage pipes there is substantial flooding in
the area during the snow melt in the Spring and throughout the year during periods of heavy rain,
and
WHEREAS, the flooding poses a threat to the integrity of Homer Avenue, a Town Road,
and creates serious problems for the owners of properties in the area, and
WHEREAS, the Queensbury Town Board previously recognized the severity of the
drainage problem when the Board adopted Resolution No.: 162 of 2010, and
WHEREAS, the Town has engaged in extensive discussions with the owners and
representatives of Time Warner Cable, Minogue’s Beverage Center and The Tire Warehouse with
the goal of bringing about an agreement to cooperatively undertake a project to abandon the
failing drainage pipes and install a new drainage pipe (the “Project”), and
WHEREAS, Town Counsel has prepared a proposed Agreement stating the terms and
conditions for undertaking the Project and all Town Board members have reviewed the proposed
Agreement, and
WHEREAS, the proposed Agreement is being circulated among Time Warner Cable,
Minogue’s Beverage Center and Tire Warehouse, to be signed by their authorized officers, and
WHEREAS, the Town Board wishes to approve such Project and authorize the
withdrawal of $150,000 from Capital Reserve Fund #64, subject to the condition that all unused
funds at the end of the Project shall be returned to Capital Reserve Fund #64, and
WHEREAS, the Town Board is authorized to make such a withdrawal from such Capital
Reserve Fund subject to permissive referendum, and
WHEREAS, the Town Board wishes to authorize such Project and appropriately establish
a Capital Project Fund,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves the proposed Agreement with Time
Warner Cable, Minogue’s Beverage Center and Tire Warehouse to undertake the Project to
cooperatively abandon the existing drainage pipes between Homer Avenue and Quaker Road and
install a new drainage pipe to conduct streamwater and runoff to the drainage culvert in the
County’s right-of-way adjacent to Quaker Road, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes the Town Supervisor to sign the
proposed Agreement upon receipt of an original signed by each of all the other parties and to
accept dedication of the Easement necessary to complete this Project, and
2
BE IT FURTHER
RESOLVED, that this Resolution is conditioned upon the requirement that upon
completion of the Project any funds left in Capital Project Fund #177 shall be returned to Capital
Reserve Fund #64, and
BE IT FURTHER
RESOLVED, that upon the Town Supervisor’s signature on the Agreement, the Town
Board authorizes and directs the Town Engineer, Town Counsel and the Town Supervisor to
prepare all necessary plans, drawings, bid specifications, draft construction contracts and other
any other information and documents necessary to solicit bids from contractors to perform the
work of the Project, and
BE IT FURTHER
RESOLVED, upon preparation of the necessary plans, specifications bid documents, the
Town Board authorizes and directs the Town Supervisor, Town Counsel, Town Engineer and
Town Clerk to post and publish all required notices, in a manner compliant with all applicable
laws and regulations, to solicit bids on the Project, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the establishment of a
Capital Project Fund to be known as the “Homer Avenue/Quaker Road Drainage Project Fund
#177,” which Fund will establish funding for expenses associated with the Project and establishes
initial appropriations and estimated revenues for Capital Project Fund #177 in the amount of
$150,000 to be funded from Capital Reserve Fund #64, and
BE IT FURTHER,
3
RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to
amend the 2010 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 authorizes and directs the Town Supervisor,
Town Budget Officer, Town Engineer and/or Town Counsel to take any and all actions necessary
to effectuate all terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the
provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk
to publish and post such notices and take such other actions as may be required by law.
th
Duly adopted this 26 day of July, 2010 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES: None
ABSENT: None
4