352.2006
RESOLUTION APPROVING MOUNTAIN HOLLOW SEWAGE-WORKS
CORPORATION IN CONNECTION WITH WESTERN RESERVE
TOWNHOUSE PROJECT, WEST MOUNTAIN ROAD, QUEENSBURY
RESOLUTION NO. 352, 2006
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Michael S. Hayes and Paul J. Hayes, on behalf of Western Reserve LLC
(“Western Reserve”) have advised the Town Board that the New York State Department of
Environmental Conservation requires the formation of a Sewage-Works Corporation to own and
maintain the Mountain Hollow Townhouse Development’s on-site sewer collection system (the “sewer
works”), and
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WHEREAS, by letter dated June 20, 2006, Western Reserve formally issued its request that
the Town Board consent to the formation of a Sewage-Works (or “Transportation”) Corporation to be
known as the Mountain Hollow Sewage Works Corporation (the “Corporation”) which will own and
maintain the entire sewer collection and force main system on the Western Reserve Cluster
Subdivision, Mountain Hollow Townhouse Development’s property as shown on plans submitted as
part of its subdivision review, and
WHEREAS, the maps and specifications of the sewer works to be owned and operated by the
Corporation have been filed with the New York State Department of Health which has indicated that it
is prepared to approve the plans upon formation of the Corporation, and
WHEREAS, the septic system design has been approved by the Town Engineer, C. T. Male
Associates, and the New York State Department of Health as part of the subdivision review process,
and
WHEREAS, the septic system has been completely installed so that no bonds to secure
completion of construction are necessary, and
WHEREAS, the Town Board has received a guaranty from the owner of the Transportation
Corporation of payment of all costs of operation and maintenance of the sewer works, and
WHEREAS, the stock of the Corporation will be placed in escrow providing that title will pass
to the Town in the event of certain occurrences pursuant to an Escrow Agreement provided to the
Town, and
WHEREAS, the Town Board has satisfied itself that it has received all materials it needs to
issue its consent, and
WHEREAS, the Town Board wishes to issue its consent to the creation of such Sewage-
Works Corporation in accordance with New York State Transportation Corporations Article 10,
“Sewage-Works Corporations,”
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and issues its consent to the
Sewage-Works Corporation required by the New York State Department of Health and as requested
by Michael S. Hayes and Paul J. Hayes on behalf of Western Reserve LLC, in connection with the
Western Reserve Cluster Subdivision, Mountain Hollow Townhouse Development’s property, such
consent being in accordance with New York State Transportation Corporations Article 10, “Sewage-
Works Corporations,” and
BE IT FURTHER,
RESOLVED, that the Town Board retains the continuing right to review the adequacy of the
security provided in connection with the sewer works to determine whether it should be modified on
the basis of fiscal performance or other conditions, and
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BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to forward a
certified copy of this Resolution to Western Reserve, LLC and/or the New York State Department of
Health and take such other and further action as may be necessary to effectuate the terms of this
Resolution, and
BE IT FURTHER,
RESOLVED, that in the future, should the Town Board engage new Town Counsel, then
assignment of the Escrow Agent’s responsibilities shall be transferred from current Town Counsel
Miller, Mannix, Schachner and Hafner, LLC to the Town’s new attorney of record.
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Duly adopted this 17 day of July, 2006 by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None
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