402.93
RESOLUTION REGARDING APPOINTMENT OF ENGINEER TO ASSIST IN
REVIEW OF ENVIRONMENTAL IMPACT STATEMENT FOR PROPOSED
HUDSON POINTE PLANNED UNIT DEVELOPMENT
RESOLUTION NO. 402, 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,
instructed the Executive Director to request proposals from certain
engineering firms/individuals to assist the Town Board in the
review of the Draft Environmental Impact Statement (DEIS), the
Final Environmental Impact Statement (FEIS), and assist in the
preparation of a Statement of Findings pursuant to Part 617 of the
Official New York State Compilation of Codes and Regulations, 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,
P.C., with the understanding that the services to be preformed
shall be generally consistent with the Request for Proposal
previously mentioned and more particularly:
1. that timing is an important element in the SEQRA review,
and the Town Board will want to review the matter
expeditiously;
2. that the professionals' fees will be billed on a time
expended basis, per rates of the proposal, and in any
event, shall not exceed the sum of $14,630.00 without
prior approval of the Town Board and the Developer of
the proposed Hudson Pointe Planned Unit Development, and
that exceeding this amount without Town Board and
Developer approval will result in non-payment;
3. 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
in an amount of $14,630.00 and 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 the Developer's attorney shall have had at least ten 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 12th day of July, 1993, by the following
vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None