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349.2011 Withdrawal from Captial Improvement Plan Reserve Fund Rush Pond RESOLUTION AUTHORIZING WITHDRAWAL FROM CAPITAL IMPROVEMENT PLAN RESERVE FUND #64 FOR INCREASE IN RUSH POND BICYCLE/PEDESTRIAN PATH CAPITAL PROJECT #166 RESOLUTION NO.: 349,2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board previously established a Capital Improvement Plan Reserve Fund#64 (Fund#64) for future Town project developments, and WHEREAS, by Resolution No.: 178,2007 the Town Board authorized establishment of the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 to fund expenses associated with the Multi-Use Rush Pond Bicycle/Pedestrian Path (Project) and authorized funding for such Capital Project Fund #166 in the amount of$76,663, and such funds were transferred into such Fund #166 from Capital Improvement Plan Reserve Fund#64, and WHEREAS, Resolution No. 178, 2007 also authorized engagement of the services of the Laberge Group (Laberge) for design of the Project, and WHEREAS, by Resolution No.: 202,2008, the Town Board authorized an increase in the Project costs and supplemented Capital Project Fund #166 in the amount of$20,000 to cover such increases as well as future expenses and reimbursables, bringing the total for the Capital Project Fund#166 to $96,663, and WHEREAS, by letter proposal dated November 7th, 2011, Laberge advised the Town Board that it wishes to modify its existing agreement to deliver professional services by $3,700 due to the additional wetland delineation now required, and WHEREAS, the Town Board wishes to authorize the withdrawal and expenditure of moneys from Fund#64 in the amount of$3,700 for the supplemental services, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Fund #64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board authorizes the November 7th, 2011 letter proposal with the Laberge Group for additional professional services due to the additional wetland delineation related to the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166 as set forth in the preambles of this Resolution and authorizes and directs the $3,700 increase in the Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs that funding for such supplemental Project shall be by a transfer from the Capital Reserve Fund #64 in the amount of $3,700 to transfer to Rush Pond Bicycle/Pedestrian Path Capital Project Fund #166, and BE IT FURTHER, RESOLVED that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase the following accounts for such appropriations and revenues as necessary: • Revenue Acct No. — 166-0000-55031 (Interfund Revenue) $3,700; and • Expense Acct No. — 166-8020-2899 (Capital Construction) $3,700; and 2 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the 2011 Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, to sign the November 7t1i 2011 letter proposal with Laberge Group presented at this meeting, along with any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all other actions necessary to effectuate the 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. Duly adopted this 5th day of December, 2011, by the following vote: AYES Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES None ABSENT : None 3