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224.93 RESOLUTION REGARDING APPOINTMENT OF ENGINEER/PLANNING CONSULTANT FOR HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 224, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, the Town Board of the Town of Queensbury has, by previous resolution, required the preparation of an Environmental Impact Statement for the proposed Hudson Pointe Planned Unit Development, and WHEREAS, the Town Board of the Town of Queensbury has also, by previous resolution, indicated that a scoping session would be conducted, that the retention of an engineer and/or planning consultant would be appropriate and that the Executive Director should request proposals from certain engineers/planning consultants, and WHEREAS, the Executive Director has received responses concerning his request for proposals and has reviewed the same with the Town Board of the Town of Queensbury, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the retention of the services of Morse Engineering with the understanding that the services to be performed shall be generally consistent with the Request For Proposal previously authorized, and more particularly: 1) that the services requested of the professional at this time are only for purposes of assistance through the scoping session; 2) that timing is an important element in the SEQRA review, and the Town Board will want to review the matter expeditiously; 3) that the professional's fees will be billed on a time expended basis per rates of proposal and in any event shall not exceed the sum of $ 4,400.00 without prior approval of the Town Board and Developer, and that exceeding this amount without Town Board approval and Developer will result in non-payment; 4) that the project will be overseen by the Executive Director, James M. Martin, and he will be the contact person for the Town Board; and BE IT FURTHER, RESOLVED, that the services of the professionals shall be paid for by the developer of the Hudson Pointe Planned Unit Development and an amount of $ 4,400.00 shall be paid over to the Town of Queensbury to be held in escrow in accordance with an escrow agreement to be entered into with the developer, which will provide that the Town may expend monies from the escrow account to pay for the engineer's services once a month, and that no monies shall be paid for from the escrow account until such time as the developer or developer's attorney shall have at least 10 days to review the billing prior to payment thereof, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute an Escrow Agreement with the developer consistent with the previous terms and provisions and in a form approved by the Town Attorney. Duly adopted this 5th day of April, 1993, by the following vote: AYES: Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES: None ABSENT:None