407.2014 Final Order North Queensbury Wastewater District FINAL ORDER APPROVING PROPOSED NORTH QUEENSBURY
WASTEWATER DISPOSAL DISTRICT NO. I TO SERVE
THE DUNHAM'S BAY AREA
RESOLUTION NO.: 407,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Town of Queensbury wishes to form Wastewater Disposal District No.I
to serve 71 properties in the Dunham's Bay area of the Town in accordance with New York
Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) concerning the proposed
Wastewater Disposal District was prepared by David J. Decker, P.E., and
WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office
and was made available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed
Wastewater Disposal District, a general plan of the proposed system, a report of the proposed
method of operation, the mode and frequency of collection, conveying, treating and disposing of
wastewater or residual wastewater and the mode and frequency of inspections and monitoring;
and states that the location of properties requiring construction or replacement of private on-site
wastewater disposal systems in the next five years will be determined as part of the services
provided by the District, and
WHEREAS, establishment of the Wastewater Disposal District is a Type II action under
the State Environmental Quality Review Act (SEQRA), so review under SEQRA is not required,
and
WHEREAS, the estimated annual cost to the"typical property" was filed with the Town Clerk
and is a part of the Map, Plan and Report, and
WHEREAS, on September 8, 2014, subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order(Public Hearing Order) reciting (a)the boundaries
of the proposed Wastewater Disposal District; (b) the proposed services to be provided; (c) the
maximum amount proposed to be expended for the services; (d) the estimated cost of hook-up fees (if
any) and the cost of the Wastewater Disposal 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(if any);
(f) the fact that a Map, Plan and Report describing the services is on file in the Town Clerk's Office;
and(g)the time and place of a public hearing on the proposed Wastewater Disposal 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 Wastewater Disposal 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 as part of the Map, Plan and Report, and
WHEREAS, a public hearing on the proposed Wastewater Disposal District was duly held on
September 22, 2014 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, in response to input from the public, revisions relating to descriptions of the
properties to be included in the District were made to the Map, Plan and Report, and these revisions
have been determined to be minor modifications which do not significantly change the cost of the
District and do not constitute a substantial change in the Map, Plan and Report; and
WHEREAS, on September 22, 2014 the Town Board adopted a Resolution determining that
(a) Notice of the Public Hearing was published and posted as required by law and was otherwise
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sufficient, (b) all of the property and property owners within the proposed Wastewater Disposal
District would be benefited thereby, (c) all of the property and property owners benefited are included
within the limits of the proposed Wastewater Disposal District and (d) it is in the public interest to
establish, authorize, and approve the proposed Wastewater Disposal District as described in the Map,
Plan and Report on file with the Queensbury Town Clerk with the boundaries and benefited properties
of the Wastewater Disposal District to be as described in the Map, Plan and Report, as revised,
subject to permissive referendum in the manner provided in Town Law Article 7 and subject to certain
conditions specified in the Resolution; and
WHEREAS, the Town Clerk duly 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 has caused a certificate to that effect to be filed in the office of
the County Clerk; and
WHEREAS, the permission of the State Comptroller is not required pursuant to Town Law
Section 209-f; and
WHEREAS, the Town Board wishes to formally finalize the establishment of the proposed
Wastewater Disposal District No. 1 as detailed in the Map, Plan and Report in accordance with Town
Law Article 12-A,
NOW, THEREFORE, IT IS HEREBY
ORDERED, that the Town of Queensbury Wastewater Disposal District No. 1 —Dunham's
Bay be established as described in the Map, Plan and Report and the services described in the Map,
Plan and Report be provided within the District upon the required funds being made available or
provided for; and it is
FURTHER ORDERED, that the Town Clerk is hereby authorized and directed to cause a
certified copy of this Order to be duly recorded in the office of the Clerk of Warren County and to be
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filed in the office of the State Department of Audit and Control in the time and manner required by law;
and it is
FURTHER ORDERED, that the Town Board authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take all other actions necessary to effectuate the terms of this
Resolution.
Duly adopted this 1St day of December, 2014, by the following vote:
AYES Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough
NOES None
ABSENT: None
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