3.11 3.11
AGREEMENWEscrow Agreement for Road Repairs—JUST Beverages—5-4-15
RESOLUTION AUTHORIZING ROAD REPAIR ESCROW AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND JUST BEVERAGES, LLC
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution adopted on April 28th, the Town of Queensbury Planning
Board approved Site Plan 12-2015 pertaining to JUST Beverages, LLC's water extraction project
on lands of the City of Glens Falls accessed from the east side of Butler Pond Road in the vicinity
of the Butler Storage Reservoir, and
WHEREAS, one of the conditions of such Site Plan approval was that an Escrow
Agreement be entered into between the Town and JUST Beverages, LLC to provide for the
maintenance and repairs of Town roads, and
WHEREAS, a proposed Road Repair Escrow Agreement is presented at this meeting and is in
form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Road
Repair Escrow Agreement between the Town of Queensbury and JUST Beverages, LLC substantially
in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Agreement and any other necessary documentation and authorizes and directs the Town
Supervisor to take such other and further action necessary to effectuate the terms of this Resolution.
Duly adopted this 4h day of May, 2015, by the following vote:
AYES
NOES
ABSENT:
AGREEMENTS\JUST Beverages Road Repair Escrow Agreement—May 4 2015
ROAD REPAIR ESCROW AGREEMENT BETWEEN TOWN OF
QUEENSBURY AND JUST BEVERAGES, LLC
ROAD REPAIR ESCROW AGREEMENT, made as of the 4th day of May, 2015, by
and between the TOWN OF QUEENSBURY, County of Warren, State of New York (hereinafter
referred to as the "TOWN,") a municipal corporation having its principal place of business at 742 Bay
Road, Queensbury, New York 12804 and JUST Beverages, LLC, having its principal place of
business at 31 Broad Street, Glens Falls,New York 12801 (hereinafter referred to as "JUST").
WHEREAS, in accordance with the terms of Queensbury Planning Board Site Plan
Approval Resolution adopted on April 28th (copy attached) in its consideration of Site Plan 12-
2015 for JUST water extraction project on lands of the City of Glens Falls accessed from the east
side of Butler Pond Road in the vicinity of the Butler Storage Reservoir, a condition of approval
requires JUST to maintain an escrow account with the Town for road maintenance and repair;
and
WHEREAS, JUST has delivered to the Town two (2) signed and acknowledged
originals of this Agreement along with the initial deposit and all paperwork required by the
Town Budget Officer as referred to in paragraph 1 below;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. On or before May 15, 2015, JUST shall pay the amount of$10,000 to the Town Budget
Officer as Escrow Agent to be held in escrow in a separate interest-bearing account
("Escrow Account") opened in the name of the TOWN with the Town of Queensbury
having sole signatory authority on the account for the express purposes of providing a
repository of available funds to guarantee payment by JUST to repair or improve
degraded roadway conditions proximately caused by the water transport vehicle traffic on
Town roads within two miles of the water extraction site. Interest shall accrue to JUST
and JUST shall provide the Town's Budget Officer with all paperwork she deems
necessary to create the Escrow Account including without limitation, IRS Form W-9.
2. JUST shall tender an additional $10,000 for deposit into the established Escrow Account
within fifteen (15) days of the anniversary date of the effective date of this Agreement
(May 4) for each subsequent year up to a total of five (5) annual payments totaling
$50,000. Failure to make any such payment by such date shall constitute breach of this
Agreement and upon issuance of a Stop Work Order JUST shall immediately cease
operation until such time as the Town receives such payment.
3. The Escrow Account shall terminate upon the cessation of use of Town roads referenced
above by JUST for water transport vehicle traffic, with the balance of funds released to
JUST at that time. Termination and release of funds shall occur only upon determination
of the Town Highway Superintendent that maintenance and repairs required as a result of
JUST's use of Town roads have been completed and paid for. To the extent that any such
repairs and/or maintenance have yet to be completed, appropriate funds in the amount
determined by the Highway Superintendent shall be retained for that purpose.
4. The Town Highway Superintendent shall monitor and inspect the roads on a regular basis
and provide prompt notice of any degradation believed, in his judgment, to have been
caused by JUST's water transport traffic.
5. The Town Highway Department shall establish and document a road baseline condition
so that any future degradation alleged to be attributable to and caused by JUST's vehicles
may be properly demonstrated. The Town Highway Superintendent shall make all such
determinations hereunder.
6. This Agreement contains the full understandings of the parties. If any clause or
paragraph in this Agreement is declared illegal or unenforceable by a Court of Law, then
the remainder of the Agreement shall be read as if such illegal or unenforceable clause or
paragraph has been omitted.
TOWN OF QUEENSBURY JUST Beverages,LLC
BY: BY:
JOHN STROUGH, SUPERVISOR JAMES SIPLON, COO
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of May, in the year 2015 before me, the undersigned, a notary public in and for
said state, personally appeared JOHN STROUGH,personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of , in the year 2015 before me,the undersigned, a notary public in and
for said state, personally appeared JIM SIPLON personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public
r
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury,NY 12804
Town of Queensbury Planning Board
RESOLUTION—Approve Site Plan 12-2015 JUST BEVERAGES
Tax Map ID 294.-1-1 /Property Address: 885 West Mountain Road
WHEREAS, an application has been made to the Queensbury Planning Board for the following:
Applicant proposes to establish a Water Extraction operation on City of Glens Falls owned
watershed property on Butler Pond Road. The operation will include site improvements to
facilitate extraction, loading and transport of water from the well site to the applicant's water
bottling facility in the City of Glens Falls. Pursuant to Chapter 179-3-040 of the Zoning
Ordinance Water Extraction in the LC-10 zone shall be subject to Planning Board review and
approval; and,
Whereas, as required by General Municipal Law Section 239-m the site plan application was
referred to the Warren County Planning Department for its recommendation -No County Impact
3-3-2015; and
Whereas, the Planning Board has reviewed the potential environmental impacts of the project,
pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA
Negative Declaration — Determination of Non-Significance on 3-24-2015 as amended on 4-21-
2015; and
Whereas, the Planning Board opened a public hearing on the Site plan application on 3-10-2015
and continued the public hearing to 3-24-2015 and 4-21-2015 when it was closed; and
Whereas, the Planning Board has reviewed the application materials submitted by the applicant
and all comments made at the public hearing and submitted in writing through and including 4-
21-2015;
NOW BE IT RESOLVED THAT:
The Planning Board has reviewed a full Site Plan Review application for conformity with the
requirements for a Water Extraction use as established by the Town and,
The Planning Board has confirmed that the subject property is located within a Land
Conservation zoning district and that such landholding consist of a minimum of 200 contiguous
acres and,
The Planning Board acknowledges that the appropriate application fee has been submitted by the
applicant to the Town and,
The Planning Board has been provided with a copy of an application for the modification of the
existing City of Glens Falls New York State Department of Environmental Conservation Water
Withdrawal Permit and has found the same to be consistent with the Site Plan Review
application materials submitted to the Town.
The Planning Board has reviewed the proposed maximum daily quantity of water to be extracted,
the specific extraction point, the method of extraction, the hours of operation, projected traffic
volumes relative to the proposed extracted water volumes,projected noise volumes, area lighting
and other similar site conditions and has found them to be acceptable. Additionally,the Planning
Board acknowledges that the applicant has submitted a permit application to the New York State
Department of Health as necessary for the water extraction and,
The Planning Board has reviewed the independent hydrogeological investigation which includes
information relative to;
• the rates of draw down and recharge as established by pumping or a stress test,
• characteristics of the aquifer including rates of draw down and recharge, sustainable
extraction rates, aquifer boundaries, recharge areas, impacts on the water table, impacts
on any and all water bodies including, but not limited to lakes, ponds, rivers, streams and
wetland areas and private wells or other existing locations within the extraction zone,
• possible effects on the aquifer or to the ground water resources which might result in the
disturbance of existing minerals including but not limited to iron, manganese, arsenic and
uranium and any health hazards raised by such disturbances or other impacts including
issues such as drinking water, turbidity, clarity and aroma,
• proposed extraction volumes that are sustainable as demonstrated by the study based
upon the landholdings being significant enough to produce a sustainable draw of at least
the proposed amount from the project landholdings and,
The Planning Board has reviewed a site plan depicting water bodies within 500 feet of the
extraction point, the precise surveyed location of the extraction point, the existing network of
roadways in the vicinity of the extraction point, any proposed roadways, and any other relevant
and material details bearing on the proposed extraction process and,
The Planning Board has analyzed the proposed access to the extraction site to consider necessary
safeguards against hazards to traffic,pedestrians, congestion and other safety risks and,
The Planning Board has reviewed the proposed traffic impacts on existing town roadways with
regards to the potential for premature failure, aging or other diminished utility of such roads and,
The Planning Board has reviewed the proposed plan relative to limiting the environmental
impacts associated with site clearing and roadway development and,
Therefore, the Planning Board determines that the application complies with the review
considerations and specific standards for a Water Extraction use as set forth in Section 179-9-085
of the Zoning Ordinance and,
MOTION TO APPROVE SITE PLAN NO. 12-2015 JUST BEVERAGES, Introduced by
Paul Schonewoif who moved for its adoption, seconded by Brad Magowan:
As part of the application review process, the Applicant has proposed, considered and accepted
various project modifications and restrictions intended to mitigate potential impacts of the
Project. In confirmation of these modifications and mitigation measures, this Site Plan approval is
subject to the conditions set forth below. The Applicant/Permittee has consented to these
conditions and, in the event of any inconsistency between these conditions and any earlier
representations of the Applicant,whether written or verbal,these conditions shall control:
1. Applicant/Permittee's water truck transport to and from its facility shall not exceed 6
round trips per weekday for the first 12 months after Project commencement and shall not
exceed 12 round trips per weekday thereafter.
2. Applicant/Permittee's water truck transport to and from its facility shall not exceed 6
round trips per day on weekends and Federal holidays.
3. Applicant/Permitee's vehicles utilized for water transport shall be limited to single
body/dual axle trucks with the maximum capacity not exceeding 4500 gallons.
4. Applicant/Permittee's trucks shall not be equipped with compression release engine
brakes, also known as "Jake brakes."
5. While the Planning Board lacks the authority to establish speed limits for roads,
Applicant/Permittee shall not operate its trucks on Butler Pond Road in excess of 25
miles per hour.
6. Noise generated from the Applicant/Permittee's facility shall not exceed 20 decibels
(dba) as measured from the nearest single family residence on Butler Pond Road.
7. There shall be no more than two storage container units at the facility.
8. All drivers of Applicant/Permittee's trucks shall at all times possess valid commercial
"CDL"driver's licenses.
9. Applicant/Permittee shall, within fifteen (15) days of the effective date of this approval,
pay the amount of$10,000 to the Town Budget Officer as Escrow Agent to be held in
escrow in a separate interest-bearing account ("Escrow Account") opened in the name of
the TOWN with the Town of Queensbury having sole signatory authority on the account
for the express purposes of providing a repository of available funds to guarantee
payment by Applicant/Permittee to repair or improve degraded roadway conditions
•
proximately caused by the water transport vehicle traffic on Town roads within two miles
of the water extraction site.
10. Applicant/Permittee shall tender an additional $10,000 for deposit into the established
Escrow Account within fifteen (15) days of the anniversary date of the effective date of
this Agreement for each subsequent year up to a total of five (5) annual payments totaling
$50,000.
11. The Escrow Account shall terminate upon the cessation of use of Town roads referenced
above by Applicant/Permittee for water transport vehicle traffic, with the balance of
funds released to Applicant/Permittee at that time. Termination and release of funds shall
occur only upon determination of the Town Highway Superintendent that maintenance
and repairs required as a result of Applicant/Permittee's use of Town roads have been
completed and paid for. To the extent that any such repairs and/or maintenance have yet
to be completed, appropriate funds in the amount determined by the Highway
Superintendent shall be retained for that purpose.
12. The Town Highway Superintendent shall monitor and inspect the roads on a regular basis
and provide prompt notice of any degradation believed to have been proximately caused
by the Applicant/Permittee's water transport traffic.
13. The Town Highway Department shall establish and document a road baseline condition
so that any future degradation alleged to be attributable to and proximately caused by
Applicant/Permittee's vehicles may be properly demonstrated.
14. In order to create and implement this Escrow Account, an Escrow Agreement shall be
entered into between Applicant/Permittee and the Town subject to Town Board approval.
15. Applicant/Permittee shall comply with any future directive of the Town Highway
Superintendent for any viable alternate traffic route and engage in the process of seeking
modification to site plan approval for any change should such modification be determined
to be required.
16. Applicant/Permittee shall continue to investigate the feasibility of utilizing a pipeline to
transport water from the site instead of truck transport. Applicant/Permittee shall provide
a status report of this investigation to the Planning Board on an annual basis and, if/when
deemed feasible, Applicant/Permittee shall seek modification of its Site Plan Approval to
implement this alternative method of water transport.
17. As already provided by applicable law, all representations and conditions "run with the
land" and are valid and binding on any successors of Applicant/Permittee.
Duly adopted this 28`h day of April, 2015, by the following vote:
AYES: Mr. Magowan, Mr. Deeb, Mr. Schonewolf, Ms. White, Mr. Hunsinger
NOES: NONE
ABSENT: Mr. Traver, Mr. Ferone
Cc: Nace Engineering