320.2012 Rush Pondagreewith city RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT WITH
WARREN COUNTY CONCERNING DEVELOPMENT OF
RUSH POND WAY TRAIL
RESOLUTION NO.: 320, 2012
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Daniel Stec
WHEREAS, by Resolution No.: 251, 2012, the Queensbury Town Board authorized an
Agreement between the Town and Richard Schermerhom and/or Schermerhorn Real Estate Holdings
providing for the development of the Rush Pond Way Trail, a multiuse trail proposed for construction
within portions of the Warren County right-of-way extending along West Mountain Road(Trail), and
WHEREAS, the primary use of the County right-of-way would be at the northern end of West
Mountain Road which is currently being used as a parking lot, and
WHEREAS,Warren County and the Town of Queensbury wish to enter into an Intermunicipal
Agreement providing, among other things, that:
1. the Town or its agents, construct, upgrade, maintain and use the Trail within portions
of the County right of way, with the Town to indemnify and hold harmless Warren
County from any claims related to the construction, maintenance or public use of the
Trail;
2. construction details and future modifications of the Trail shall be approved by the
County's Superintendent of Public Works, with actual construction and maintenance
work within the County's right-of-way to be by separate permit issued by the
Superintendent; and
3. the term of the Agreement to be in effect until it is revoked by either party with or
without cause, and
WHEREAS, by Warren County Resolution No.: 614 of 2012, the County Board of
Supervisors authorized such an Intermunicipal Agreement, and
WHEREAS, the Queensbury Town Board feels that such an Intermunicipal Agreement will
benefit Town residents and therefore wishes to authorize such Agreement,
NOW, THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes an Intermunicipal
Agreement with Warren County concerning development of the Rush Pond Way Trail within portions
of the County right-of-way extending along West Mountain Road, such Intermunicipal Agreement to
be in form set forth and agreed upon by the Town Supervisor, County Attorney, Town of Queensbury
Parks and Recreation Director, and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Intermunicipal Agreement and the Town Supervisor, Director of Parks and Recreation,
Town Counsel and/or Town Budget Officer to take such other and further action necessary to
effectuate the terms of this Resolution.
Duly adopted this 5th day of November, 2012,by the following vote:
AYES : Mr. Stec, Mr. Metivier,Mr. Montesi,Mr. Strough
NOES : None
ABSENT: Mr. Brewer