523.2008
RESOLUTION APPROVING CREATION OF WEST QUEENSBURY
SANITARY SEWER DISTRICT
RESOLUTION NO. 523, 2008
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, by Resolution No.: 118,2003, the Queensbury Town Board established, authorized
and approved creation of the West Queensbury Sanitary Sewer District (Sewer District) as described in a
Map, Plan and Report prepared by Barton & Loguidice, P.C., professional engineers, (Barton) dated
December, 2002 and revised September, 2004, and
WHEREAS, the Town Wastewater Director previously advised the Town Board that it is
necessary that Barton update the Map, Plan and Report for the West Queensbury Sanitary Sewer
District to reflect estimated project costs for the projected construction schedule and to meet
procedural requirements for special districts, the Town Board authorized Barton to update such Map,
Plan and Report and Barton updated the Map, Plan and Report in November, 2006, and
WHEREAS, the Town Wastewater Director advised the Town Board that it is necessary that
Barton again update the Map, Plan and Report to reflect increased estimated project costs for the
projected 2009 construction schedule and the Town Board authorized Barton to update such Map, Plan
and Report, and
WHEREAS, the revised Map, Plan and Report dated August, 2008 has been filed in the
Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the revised Map, Plan and Report delineates the boundaries of the proposed
Sewer District, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, estimated project costs for the projected 2009construction schedule and
meets procedural requirements for special districts, and
WHEREAS, by Resolution No.: 117,2003, the Queensbury Town Board, as SEQRA Lead
Agency, conducted a coordinated SEQRA review and after considering the action, approved a
SEQRA Negative Declaration for the Project, and
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WHEREAS, on November 3, 2008 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; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the Sewer District 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 improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public
hearing on the proposed Sewer District, 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 was duly held on Monday,
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November 17, 2008 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the
Map, Plan and Report in accordance with Town Law Article 12-A,
NOW, THEREFORE, BE IT
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RESOLVED, that the Queensbury Town Board hereby determines that:
1.Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2.All property and property owners within the Sewer District are thereby benefited;
3.All property and property owners benefited are included within the limits of the Sewer
District;
4.It is in the public interest to establish, authorize, and approve the creation of the West
Queensbury Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury
Town Clerk; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the West
Queensbury Sanitary Sewer District in accordance with the boundaries and descriptions set forth above
and in the previously described Map, Plan and Report and construction of the improvements may proceed
and service provided subject to the following:
1.The obtaining of any necessary permits or approvals from the New York State
Department of Health;
2.The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3.Permissive referendum in the manner provided in New York State Town Law Article 7;
and
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4.The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and
publish such notice of this Resolution as may be required by law and to cause to be prepared and have
available for distribution proper forms for the petition and shall distribute a supply to any person requesting
such petition and if no such petition is filed within 30 days to file a certificate to that effect in the Office of
the County Clerk.
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Duly adopted this 17 day of November, 2008, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT:None
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