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1994-05-03 SPECIAL TOWN BOARD MEETING MAY 3,1994 6:05 P.M. MTG.#23 RES. 237-238 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman Dr. R. George Wiswall Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman Nick Caimano Councilman Carol Pulver DISCUSSION COLUMBIA DEVELOPMENT Attorney Dusek-Reviewed for the Board a proposed agreement between the Town of Queensbury and Columbia Development Corp. Issues raised at meeting today: 1. Developer is anxious to get on the property 2. The hold up on the contract between the Town and QEDC was the description of the right of way, that we wanted to maintain ownership over this property that we are conveying. We had a rough drawing of it done by Leon Steves and when we met today the problem was, they felt the road swept out too far onto the property. They want to keep it as close to the property line as they can to preserve as much of the site. Basically, I do not think that would cause anybody a problem, at least internally here it shouldn't cause you a problem as long as they maintain proper curbs in the road under the law, and they indicated that they would cooperate. Described the property to be sold and the area the town still owns, noted that off Carey Road it is all wooded, there is no way to get a vehicle across the right of way. The Town under the agreement is paying to put a portion of a road in... to get to their area the road that we were to put in needs to be logged, stumps pulled and a base road, dirt road put in and they said they wanted the Town to do this...noted after negotiations they would be willing to do it...noted the conversations lead me to believe that this should work but it's not all tied down..the chance that we are taking if something happens and it does not get developed, we are going to have a road and some of the site dug up...gave a draft agreement to the Board members and reviewed it... Councilman Monahan-Questioned the number of trees that were to be removed.. . noting if a certain percentage is taken down they cannot come in for subdivision... Attorney Dusek- page 3 2.a add: In the area of the proposed road as approved by Paul Naylor....That would give the Town the security of knowing that the road is in the right place...Page 5 item 7... Security Bond in the amount $20,000 Councilman Monahan-Suggested a certified check... spoke to the Board regarding the use of performance bonds...from now on I want to see cash, certified check, I am not going to stop this one but I am serious about that... Supervisor Champagne-Columbia, the developer has an agreement with Native Textiles to have them in here sometime in OctoberlNovember... Councilman Wiswall-How much harm can they really do to that property, sand and scrub pines....1 would throw the security clause out completely...they may do a better job if you do not hold them up and haggle about a security bond. Supervisor Champagne-A security bond is better than nothing. Councilman Monahan-We are custodians of the taxpayers property in this town and I think we have to be prudent. . RESOLUTION TO ACCEPT AGREEMENT BETWEEN TOWN OF QUEENSBURY AND COLUMBIA DEVELOPMENT RESOLUTION NO. 237.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. R. George Wiswall I make a motion that we accept the agreement between the Town and Columbia Development to proceed on Town property to cut a road and to do the necessary borings as identified in the agreement, with the modifications that we have discussed and also with flexibility that we can restructure some of this language. Duly adopted this 3rd. day of May, 1994 by the following vote: AYES: Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver Attorney Dusek-Noted that the developer has stated that there is a car, oil cans and metal parts on the property and they would like it cleaned up before they take ownership...we have met with Paul, if he can get his equipment back there, he could clean it up. It would have to be at Board expense not from the Highway Account... Councilman Monahan-What protection do we have that the second lot in there will be sold to a job producing company? Supervisor Champagne-Asked that the Town Attorney look into that... Attorney Dusek -We have not yet signed any agreements with QEDC. Is that something you want in our agreement between us and QEDC or is it satisfactory if QEDC has it covered? Councilman Monahan-If QEDC has it covered.. .for some reason I thought QEDC was going to have approval of who would get that parcel of property... Attorney Dusek -Noted he would check on it... RESOLUTION ADJOURNING MEETING RESOLUTION NO. 238.94 INTRODUCED BY: Mr. Fred Champagne WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan RESOLVED, that the Town Board hereby adjourns it meeting. Duly adopted this 3rd. day of May, 1994 by the following vote: AYES: Dr. Wiswall, Mrs. Monahan, Mr. Champagne NOES: None ABSENT: Mr. Caimano, Mrs. Pulver Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury