487.2007
RESOLUTION AND FINAL ORDER ESTABLISHING QUEENSBURY
TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 6
RESOLUTION NO. 487, 2007
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury
Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical
Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and
WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC,
engineers licensed by the State of New York regarding the proposed Sewer District Extension to
permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services
building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3)
commercial development along the proposed Main Street Connector Road, and 4) an additional parcel
on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing
tax map identification no.’s:
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309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23)
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309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264)
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309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192)
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309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225)
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309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77)
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309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254);
such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and
as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, by Resolution No.: 165,2007, the Town Board accepted and approved the Map,
Plan and Report and it was filed in the Queensbury Town Clerk's Office and made available for public
inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer
District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
nd
WHEREAS, on April 2, 2007 subsequent to the filing of the Map, Plan and Report with the
Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that
all costs of the improvements will be paid for by the property owners and/or grant funding and not the
Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District
Extension to the typical property and the typical one or two family home (if not the typical property);
(e) the proposed method of financing to be employed; (f) the fact that a Map, Plan and Report
describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public
hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all
extensions heretofore or hereafter established, shall be a charge against the entire area of the District as
extended, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property
and typical one or two family home (if not the typical property) were computed was filed with the
Town Clerk for public inspection, and
WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on
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Monday, April 16, 2007 and the Town Board considered the evidence given together with other
information, and
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WHEREAS, on June 4, 2007, the Town Board considered the establishment of the Sewer
District Extension in accordance with the provisions of the State Environmental Quality Review Act
and by Resolution No.: 260,2007, adopted a Negative Declaration concerning environmental impacts,
and
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WHEREAS, on June 4, 2007, the Town Board also adopted Resolution No.: 261,2007,
determining that (a) the Notice of Public Hearing was published and posted as required by law
and is otherwise sufficient; (b) all property and property owners within the District Extension will
be benefited thereby; (c) all property and property owners benefited will be included within the
limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve
the Queensbury Technical Park Sewer District Extension No. 6 to the existing Queensbury
Technical Park Sewer District as described in the Map, Plan and Report on file with the
Queensbury Town Clerk; and (e) in accordance with New York State Town Law §206-a, it is in
the public interest to assess all expenses of the District, including all extensions heretofore or
hereafter established, as a charge against the entire area of the District as extended and it is in the
public interest to extend the District only if all expenses of the District shall be assessed against
the entire District as extended; and approving establishment of the District Extension subject to
permissive referendum; and
WHEREAS, the Town Clerk posted and published the notice required for Resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the
date of the Resolution, and the Town Clerk filed the Certificate required to be filed in accordance
with Town Law §209-e establishing that no such petition was filed requesting a referendum, and
WHEREAS, the permission of the State Comptroller is not required in accordance with
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New York State Town Law 209-f, and
WHEREAS, the Town wishes to adopt a Final Order establishing Queensbury Technical
Park Sewer District Extension No. 6, and
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WHEREAS, a sewer line easement from the West Glens Falls Emergency Medical
Services is necessary and has been received, and
WHEREAS, Jarrett-Martin Engineers, PLLC has produced a “punch list” of remaining
construction items, and
WHEREAS, the Town wishes to establish the proposed Sewer District Extension in
accordance with New York State Town Law Article 12A and consolidate it with the Queensbury
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Technical Park Sewer District in accordance with New York State Town Law 206-a,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Queensbury Town Board hereby authorizes, approves and
establishes the Queensbury Technical Park Sewer District Extension No. 6 to the Queensbury
Technical Park Sewer District in accordance with the boundaries and descriptions set forth in the
Map, Plan and Report and, upon the certification by the Wastewater Director that all “punch list”
items have been completed or that there are sufficient funds withheld for any remaining items,
authorizes the acceptance of the dedication of the sewer lines, mains, pump station and all
appurtenances and equipment, and it is
FURTHER ORDERED, that:
1.All proposed construction was installed and paid for by the property owners and/or
grant funding and the Town will not be issuing bonds to finance the District Extension.
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2.In accordance with New York State Town Law 206-a, it is in the public interest to
assess all expenses of the District, including all extensions included heretofore or hereafter established,
as a charge against the entire area of the District as extended and it is in the public interest to extend the
District only if all expenses of the District shall be assessed against the entire District as extended.
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3.The Project Engineer has certified the Project and the Wastewater Director has
reviewed the certified documents and found them to be complete.
4.A one year guarantee on the infrastructure installed begins as of the date of this Final
Order.
And it is,
FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk
to make arrangements to record a certified copy of this Resolution and Order in the Warren
County Clerk’s Office and send a certified copy of this Resolution and Order to the State
Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community
Development Department and Wastewater Department, within 10 days of the above-referenced
certification by the Wastewater Director, and it is
FURTHER ORDERED, that the Town Board further authorizes and directs the Town
Supervisor, Wastewater Director and Town Fiscal Manager to take all other actions necessary to
effectuate the terms of this Resolution.
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Duly adopted this 5 day of November, 2007, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES : None
ABSENT: None
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