102.2012 Main Street Change Orders RESOLUTION REGARDING MAIN STREET UTILITIES RELOCATION
PROJECT, AUTHORIZING CHANGE ORDERS #20, #22 AND #23 AND
FINAL MAIN STREET PROJECT ACTIONS
RESOLUTION NO.: 102,2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board (Town) is the duly elected governing body of the
Town of Queensbury, and
WHEREAS, Main Street was a narrow public highway in the Town, and
WHEREAS, Warren County (County) undertook a project to widen the bounds of Main
Street and improve the aesthetics and safety of this main corridor within the Town, which the Town
supported and undertook several important projects as part of such County Project, and
WHEREAS, utilities were required to be relocated underground along Main Street in
conjunction with the Project, and
WHEREAS, by Resolution No.'s: 67,2010 and 120,2011, the Queensbury Town Board
authorized non-exclusive assignment and grant of easements, specifically authorizing the execution of
the Assignment of Easement Rights and Grant of Easement Rights in substantially the form approved
by Town Counsel in connection with the Main Street Utilities Relocation Project, to National
Grid, Verizon New York Inc., and Time Warner Cable so that such companies could place their
respective utility infrastructure underground within the easement area, and
WHEREAS, such Resolution did not include a grant over Rozelle Street and the Town Board
wishes to make a similar grant over such Town highway, and
WHEREAS, the Town Board has the authority to assign and grant such easement in
accordance with New York State Town Law §64(2) and the Town Board wishes to assign and
grant an easement over a portion of such Property being transferred from Warren County, and
WHEREAS, the Town Board also wishes to authorize its transfer of ownership of
National Grid's electrical lines and the conduit in which they are located placed on such Property,
and
WHEREAS, the Town Supervisor has advised the Town Board that he has received
Change Orders #20, #22 and #23 from Warren County for additional necessary work and
materials, and
WHEREAS, the Town expects to receive nearly $130,000 from the New York State
Department of Transportation as additional reimbursements for Gateway betterments, but needs
to authorize a short-term interfund loan from the General Fund to pay these expenses prior to
seeking and obtaining reimbursements as provided in the State grant, and
WHEREAS, now that the Project is complete, various accounting and budget actions
need to be taken, and
WHEREAS, the Town Board previously established Main Street Fund #126 and Gateway
Fund #134, relating to the Main Street Project, and
WHEREAS, now that the Main Street Project is completed, the Town no longer needs
these funds to be separate and wishes to merge them as part of finalizing the Project and its
finances,
NOW, THEREFORE, BE IT
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RESOLVED, that the Queensbury Town Board authorizes such non-exclusive assignment and
grant of easement, specifically authorizing the execution of the Grant of Easement Rights in
substantially the form approved by Town Counsel, to National Grid, Verizon New York Inc., and
Time Warner Cable so that such companies can permanently place their respective utility
infrastructure underground within the easement area, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete this transaction in form acceptable to Town
Counsel, including, without limitation, any needed real estate documents and Real Property Transfer
Reports and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor to approve
and sign the Change Orders referred to in the preambles of this Resolution, and since such work
authorized by the Change Orders has been completed, the Town Board further authorizes
payment for these services, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes an interfund loan in a total amount
up to, but not exceeding, $130,000 from the General Fund to Main Street Fund #126, which loan
shall be repaid upon receipt of reimbursement funds from the New York State Department of
Transportation for the Gateway betterments, and
BE IT FURTHER,
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RESOLVED, that as a 2011 budget amendment, Main Street Fund #126 shall be
reimbursed by Highway Fund #04, Account #004-5140-4001 in the amount of$26,159.77 to pay
for the excess conduit which was purchased for future use by the Town to meet future needs, and
BE IT FURTHER,
RESOLVED, that such conduit shall be owned, stored and maintained by the Town
Highway Department who shall be responsible for it until such time as it is needed for other Town
projects, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the interfund transfer of
up to, but not exceeding, $17,000 from the West Queensbury Sanitary Sewer District BAN
Principal and BAN interest Account #'s: 037-9730-6030 and #037-9730-7030 to Main Street
Fund #126 as a 2012 budget amendment, and
BE IT FURTHER,
RESOLVED, that, as a 2011 budget amendment, the Town Board further authorizes and
directs that Gateway Fund #134 shall be merged into Main Street Fund #126, so that all remaining
funds relating to the Main Street Project are combined into one fund; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to designate $22,367.70 within West Queensbury Sanitary Sewer District Fund #37 for
future capacity buy-in, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Budget
Officer to make the above-described budget amendments and financial actions, and
BE IT FURTHER,
RESOLVED, that the portion of this Resolution granting easements 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, and
BE IT FURTHER,
RESOLVED that the Town Board authorizes and directs the Town Supervisor, Town Clerk,
Town Budget Officer, Town Highway Superintendent, Town Wastewater Director and Town Counsel
to take all actions necessary to effect this Resolution.
Duly adopted this 5h day of March, 2012, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi
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