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401.2013 Federal Aid Funding Roundabout- Aviation Rd RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF FEDERAL AID AND STATE "MARCHISELLI" PROGRAM AID-ELIGIBLE COSTS OF A TRANSPORTATION FEDERAL-AID PROJECT AND APPROPRIATING FUNDS THEREFORE - AVIATION ROAD/DIXON ROAD/FARR LANE INTERSECTION IMPROVEMENTS - ROW ACQUISITION RESOLUTION NO.: 401, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Ronald Montesi WHEREAS, a Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, by Resolution No.: 232,2012, the Town Board authorized and approved the Project and authorized and directed that the sum of$273,702 (two-hundred seventy-three seven hundred two dollars and no cents) ($258,385 for Preliminary Engineering and $15,317 for Right- of-Way Incidentals) be made available to cover the cost of participation in the Project, with such sum of $273,702.00 to be appropriated from the established Capital Project Fund known as the "Aviation Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192," which Fund established funding for expenses associated with the grant funds and established initial appropriations and estimated revenues for Capital Project Fund #192 in the amount of$273,702 funded from grant funds received by the Town and from the Town's Capital Reserve Fund#64, and WHEREAS, the Town of Queensbury wishes to again advance the Project by making a commitment of 100% of the non-federal share of the costs of Design and Right-of-Way (ROW) Incidentals, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby reaffirms the Project for the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project), and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Budget Officer to pay in the first instance 100% of the federal and non-federal share of the cost of ROW Acquisition work for the Project or portions thereof, and BE IT FURTHER, RESOLVED, that the sum of $273,702 (two-hundred seventy-three seven hundred two dollars and no cents) ($258,385 for Preliminary Engineering and $15,317 for Right-of-Way Incidentals) has already been appropriated and made available to cover the cost of participation in the above phases of the Project, and BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs that the additional sum of $124,293 (one-hundred twenty-four thousand two hundred ninety three dollars and no cents) be made available to cover the cost of participation in the ROW acquisition phase of the Project, with such sum of $124,293 to be appropriated from the Aviation Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192 and establishes additional appropriations and estimated revenues for Capital Project Fund #192 in the amount of$124,293 to be funded from grant funds received by the Town and from the Town's Capital Reserve Fund#64, and 2 BE IT FURTHER, RESOLVED, that the Queensbury Town Board further authorizes and directs the Town Budget Officer to take all action necessary to increase appropriations and revenues as necessary: • Increase Appropriation 192-8020-4400 - Misc. Contractual by $124,293; • Increase Revenue 192-0000-54597 — Federal Aid, Transportation Capital Projects by $99,435; • Increase Revenue 192-0000-55031 —Interfund Transfers by $24,858; • Increase Expense 001-9950-9030-0064 - $24,858 and BE IT FURTHER, RESOLVED, that the Town Board further authorizes a temporary loan from the Capital Reserve Fund#64 up to $124,293 until such time as grant funds are received, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Budget Officer to make any necessary adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that in the event that the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Queensbury Town Board shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New 3 York State Department of Transportation thereof, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Queensbury with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town of Queensbury's Senior Planner to file a certified copy of this Resolution with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer and/or Senior Planner to take all actions necessary to effectuate all terms of this Resolution, and BE IT FURTHER, 4 RESOLVED, that this Resolution is subject to a permissive referendum in accordance with General Municipal Law §6-c(8) and shall not take effect until such time as provided, 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 7th day of October, 2013, by the following vote: AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Montesi NOES: None ABSENT: None ABSTAINED: Mr. Clements 5