3.2 3.2
WATERTndorse Consolidation Agreement and SPH—Water Extension No.51—Combs Subdivision—3-7-16
RESOLUTION ENDORSING CONSOLIDATION AGREEMENT
AND SETTING PUBLIC HEARING CONCERNING PROPOSED
CONSOLIDATION OF QUEENSBURY CONSOLIDATED
WATER DISTRICT AND QUEENSBURY CONSOLIDATED
WATER DISTRICT EXTENSION NO. 51
RESOLUTION NO.: ,2016
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer
districts to consolidate into combined districts if such combination "shall be conducive to the
public health, welfare, and convenience and be of special benefit to the lands of the districts," and
WHEREAS, the Queensbury Consolidated Water District ('QCWD") was duly
established by the Town Board and has been expanded by several extensions over the past 30
years, and
WHEREAS, occasionally, individual property owners outside the QCWD but with Town
water supply in the immediate vicinity have wished to receive water from the District and have
been purchasing water under contract with the Town as out-of-district users, and
WHEREAS, by Final Order dated March 7th, 2016, the Town Board established the
Queensbury Consolidated Water District Extension No. 51 to the QCWD to serve the proposed
Maurice Combs Subdivision on 636 Corinth Road ("QCWDX"), and
WHEREAS, water mains and fire hydrants and other capital improvements are planned to
be constructed to serve the parcels within the QCWDX, provided Developer receives all Town
approvals for variances related to the proposed subdivision, and
WHEREAS, the Town Water Superintendent has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves, to combine the QCWD and
the QCWDX into one District, and determined that such a combination would create greater
operating efficiencies, provide better service to the public each serves, and generate cost savings
by avoiding duplication in administrative services, and
WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a
Consolidation Agreement to commence proceedings to consolidate Districts, and
WHEREAS, Town Counsel and the Town Water Superintendent have prepared a
proposed Consolidation Agreement and provided it to the Town Board for its review,
NOW, THEREFORE, IT IS HEREBY
RESOLVED:
1. The Town Board hereby endorses the proposed Consolidation Agreement.
2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, April 18'', 2016 at
7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other
and further action as may be required or authorized by law.
3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to:
(a) cause a copy and a summary of the Agreement to be displayed and readily accessible to
the public for inspection in a public place within each District;
(b) cause a copy and a summary of the Agreement and a reference to the public place
where they may be examined to be displayed on the Town's website; and
2
(c) arrange for the summary of the Agreement and a reference to the public place where
the Agreement may be examined to be published at least once each week for four
successive weeks in the Post Star,
not more than five (5) business days after adoption of this Resolution, as required by the New York
General Municipal Law.
4. The Town Board further authorizes and directs the Queensbury Town Clerk to cause a
Notice of the Public Hearing, including a Summary of the Agreement and a reference to the public
place where it may be examined, to be published and displayed on the Town's website not less than 10
or more than 20 days before the Public Hearing, as required by the New York General Municipal Law.
5. The Town Board authorizes and directs the Town Supervisor, Town Water
Superintendent, Town Clerk and/or Town Counsel to take all actions necessary to effectuate this
Resolution.
Duly adopted this 7h day of March, 2016 by the following vote:
AYES:
NOES:
ABSENT:
3
AGREEMENTS\WATER\Consolidation Agreement-Qby Cons Water District&Extension No.51—Maurice Combs Subdivision—April 2016
CONSOLIDATION AGREEMENT
OF
QUEENSBURY CONSOLIDATED WATER DISTRICT
AND
QUEENSBURY CONSOLIDATED WATER DISTRICT EXTENSION
THIS AGREEMENT is entered into by the Town of Queensbury, a New York
municipal corporation with its offices at 742 Bay Road, Queensbury,New York.
WHEREAS, New York General Municipal Law Article 17-A authorizes water and
sewer districts to consolidate into combined districts if such combination "shall be conducive to
the public health, welfare, and convenience and be of special benefit to the lands of the
districts"; and
WHEREAS, the Queensbury Consolidated Water District ("QCWD") was duly
established by the Town Board and has been expanded by several extensions over the past 30
years; and
WHEREAS, occasionally, individual property owners outside the QCWD but with
Town water supply in the immediate vicinity have wished to receive water from the District and
have been purchasing water under contract with the Town as out-of-district users; and
WHEREAS, by Final Order dated March 7th, 2016, the Town Board has established the
Queensbury Consolidated Water District Extension No.: 51 to the QCWD to serve the proposed
Maurice Combs Subdivision on 636 Corinth Road("QCWDX"); and
WHEREAS, water mains and fire hydrants and other capital improvements are planned
to be constructed to serve the parcels within the QCWDX, provided Developer receives all Town
approvals for variances related to the proposed subdivision, and the Town has sufficient water
capacity to provide water to the parcels within the QCWDX; and
1
WHEREAS, the Town Water Superintendent has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves,to combine the QCWD and
the QCWDX into one District, and determined that such a combination would create greater
operating efficiencies, provide better service to the public each serves, and generate cost savings
by avoiding duplication in administrative services; and
WHEREAS, New York General Municipal Law Article 17-A requires endorsement of a
Consolidation Agreement to commence proceedings to consolidate Districts, and the purpose of
this Agreement is to comply with this requirement;
NOW, THEREFORE, in consideration of the foregoing recitals, the Town Board sets
forth the following terms and conditions for the consolidation:
1 Name of Each District to be Consolidated:
The two Districts to be consolidated are the Queensbury Consolidated Water District and
the Queensbury Consolidated Water District Extension No.: 51.
2. Name of Proposed Consolidated District:
The name of the proposed consolidated District would be Queensbury Consolidated
Water District(the"Consolidated District").
3. Rights, Duties and Obligations of Proposed Consolidated District:
All of the rights, duties and obligations of each of the separate Districts under existing
contracts or agreements, including but not limited to those relating to personnel matters,
provision of water and payment of outstanding obligations, shall become the rights,
duties and obligations of the Consolidated District as of the effective date specified in
paragraph (12) below. The QCWD currently has $1,346,500 in outstanding bonds and/or
bond anticipation notes; the QCWDX has no outstanding indebtedness. The properties in
the QCWDX. The O&M rates charged to property owners within the existing Districts
are the same.
4. Territorial Boundaries of Proposed Consolidated District:
2
The boundaries of the Consolidated District shall be the combined jurisdictional
boundaries of the QCWD and the QCWDX. A description of the property within the
QCWD is shown on the map(s) set forth in Exhibit A and a description of the property
within the QCWDX is set forth in Exhibit B. All Exhibits are incorporated herein and
made a part hereof by this reference.
5. Type and/or Class of Proposed Consolidated District:
The Consolidated District shall be a Water District.
6. Governmental Organization of Proposed District Insofar as it Concerns Elected
and Appointed Officials and Public Employees, Along With Transitional Plan and
Schedule for Elections and Appointments of Officials:
The consolidation will have no effect on elected or appointed officials or public
employees and, therefore, no transitional plan or schedule for elections or appointments
of officials is needed. Employees involved with the operation and management of each
of the existing Districts are currently employees of the Town of Queensbury and shall
continue to be employees of the Town after consolidation.
7. Fiscal Estimate of Cost of and Savings Which May Be Realized from
Consolidation:
The consolidation of these two Districts will result in moneys being saved and long term
costs lowered. A savings can be expected in preparing and maintaining one budget
instead of two. Administration hours by the Department Manager, Senior Account Clerk,
Accounting Department personnel, Town Supervisor and Town Board will be reduced.
Specific cost savings include eliminating the need to perform a financial audit on two
Districts rather than one. Annual administrative cost savings are estimated to be
approximately $2,400. The costs of maintenance and repair will be spread over a larger
user base. All of these savings will result in lower cost to property owners in the
Consolidated District.
8. Each District's Assets, Including Real and Personal Property, and their Fair Value:
The fair value of the assets of the QCWD is approximately $32,778,865 (Financial
Report dated December 31, 2014).
3
•
The newly-created QCWDX has no assets.
9 Each District's Liabilities and Indebtedness, Bonded and Otherwise, and their Fair
Value:
The QCWD currently has $1,346,500 in long term indebtedness, including outstanding
bonds and/or bond anticipation notes. The newly-created QCWDX has no liabilities or
indebtedness.
10. Terms for Disposition of Existing Assets, Liabilities and Indebtedness of each
District,Either Jointly, Separately or in Certain Defined Proportions:
Upon consolidation, the funds of the two existing Districts will be joined into one. Real
and personal property currently owned by each of the existing Districts will become the
property of the Consolidated District. Any pre-consolidation debts duly incurred and
agreements entered into by QCWD or QCWDX shall continue to be honored by the
Consolidated District and satisfied according to their terms.
11. Terms for the Common Administration and Uniform Enforcement of Local Laws,
Ordinances, Resolutions, Orders and the Like, Within the Proposed Consolidated District,
Consistent With §769 of the Act:
Local Laws, Ordinances, Resolutions and Orders affecting the Consolidated District will
continue to be administered and enforced by the Town of Queensbury Water
Superintendent and/or the Town's Code Enforcement Officer. All properties included in
the Consolidated District shall pay an annual ad valorem tax based on property
assessment. Annual charges for the cost of operation and maintenance costs for the water
treatment plant and water distribution system shall be based on each property's metered
water consumption and shall be billed quarterly.
(12) Effective Date of Proposed Consolidation:
The proposed consolidation shall take effect upon adoption of approval of a final version
of this Agreement by the Town Board after compliance with the requirements of GML
Article 17-A.
(13) Time(s) and Place(s) for Public Hearing(s) on Proposed Consolidation
Agreement:
4
The Town Board shall meet at the Queensbury Activities Center, 742 Bay Road,
Queensbury on Monday, April 18th, 2016 at 7:00 p.m. to hear public comments on this
proposed Consolidation Agreement.
(14) Entire Agreement:
This Agreement contains the full and complete terms for consolidation of the QCWD and
the QCWDX. There are no other verbal or written agreements or understandings which
shall modify or affect the terms of this Agreement in any manner whatsoever. Any
modifications or waivers to or of this Agreement shall be in writing and signed by the
Town Supervisor.
IN WITNESS WHEREOF, to signify the Town Board's approval of all of the terms
and conditions hereof,the Town Supervisor has signed this Agreement as of April 18th, 2016.
TOWN OF QUEENSBURY
BY: JOHN F. STROUGH,Supervisor
5
EXHIBIT A
Queensbury Consolidated Water District Properties
As Shown on Map(s)
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6
EXHIBIT B
Queensbury Consolidated Water District Extension Property
All that certain tract or parcel of land situate in the Town of Queensbury, County of
Warren, State of New York being more fully described as follows:
Beginning at An iron rod found in the west bounds of Corinth Road, County Road 28, said
point being the southeast corner of lands of Maurice H. Combs, and the northeast corner of
lands of Jeanne M. Moss, running thence along the south bounds of lands of Combs and the
north bounds of Moss and lands of Kathy Naatz North 77 degrees 29 minutes 09 seconds West,
1048.66 feet to an iron rod found,said point being the southwest corner of lands of Combs,the
southeast corner of lands of William A. and Cheryl M.Havernen and the south corner of lands
of John J. Layden,thence North 35 degrees 41 minutes 30 seconds East, 417.40 feet along the
west bounds of lands of Combs and the east bounds of Layden, lands of Richard J. and
Kimberlee A. Koke and lands of Barbara H. Jones to the northwest corner of lands of Combs
and the southwest corner of lands of Anne L. Paolano,thence South 77 degrees 04 minutes 45
seconds East, 1067.25 feet along the north line of lands of Combs and the south bounds of
lands of Paolano, lands of Robert and Lynn Russell, lands of Joseph E. and Michelle C.
Giogianni,lands of Gary F. and Wendy L. Sisti and lands of John A. and Candice A.Morabito
to a concrete monument found in the west bounds of Corinth Road, said point being the
northeast corner of lands of Combs, thence along the west bounds of Corinth Road South 38
degrees 26 minutes 21 seconds West, 418.23 feet the point of beginning. Containing 9.24
Acres of land.
Excepting the easterly 20.08 Acres of lands of Maurice Combs lying within the existing Town
of Queensbury Consolidated Water District.
7
NOTICES\Water District Consolidation Agreement NPH—Maurice Combs Subdivision—April 2016
NOTICE OF PUBLIC HEARING ON
PROPOSED TOWN OF QUEENSBURY
WATER DISTRICTS CONSOLIDATION AGREEMENT
NOTICE IS HEREBY GIVEN that the Queensbury Town Board will hold a Public Hearing on
Monday, April 18th, 2016, beginning at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, New York, at which Hearing all interested parties shall have an opportunity to be heard
concerning the proposed Consolidation Agreement which would consolidate one of the Town's Water
Districts with one of its Extensions pursuant to New York General Municipal Law Article 17-A.
A summary of the proposed Consolidation Agreement is as follows: The two Districts to be consolidated
are the Queensbury Consolidated Water District (QCWD) and the Queensbury Consolidated Water
District Extension No. 51 (QCWDX). The name of the proposed Consolidated District would be the
Queensbury Consolidated Water District (the "Consolidated District"). All of the rights, duties and
obligations of each of the separate Districts would become the rights, duties and obligations of the
Consolidated District. The QCWD currently has $1,346,500 in outstanding bonds and/or bond
anticipation notes; the QCWDX has no outstanding indebtedness. The O&M rates charged to property
owners within the existing Districts are the same. The boundaries of the Consolidated District would be
the combined jurisdictional boundaries of the two existing Districts. A legal description of the
Consolidated District and map that would be included in the Consolidated District are included in the
proposed Agreement. The consolidation would have no effect on elected or appointed officials or public
employees. The Town Board currently is the body responsible for both districts and would continue to be
responsible for the Consolidated District. The consolidation of the two Districts would result in moneys
being saved and long term costs lowered. All assets currently owned by each of the existing Districts
would become the property of the Consolidated District. Local Laws, Ordinances, Resolutions and
Orders affecting the Consolidated District would continue to be administered and enforced by the Town
of Queensbury Water Superintendent and/or the Town's Code Enforcement Officer. All properties
included in the Consolidated District would pay an annual ad valorem tax based on property assessment.
Annual charges for the cost of operation and maintenance costs for the water treatment plant and water
distribution system would be based on each property's metered water consumption and would be billed
quarterly. Any pre-consolidation debts duly incurred and agreements entered into by QCWD or QCWDX
would continue to be honored by the Consolidated District and satisfied according to their terms. The
proposed consolidation would take effect upon adoption of approval of a final version of the Agreement
by the Town Board after compliance with the requirements of GML Article 17-A. The proposed
Consolidation Agreement is available for viewing at the Town Clerk's Office at 742 Bay Road,
Queensbury, and at the Glens Falls Country Club, 105 Country Club Road, Queensbury, and on the
Town's website: www.queensbury.net.
Dated: ,2016
CAROLINE H.BARBER
Town Clerk
Town of Queensbury
NOTICES\Water District Consolidation Agreement Summary—Combs Subdivision—April 2016
SUMMARY OF PROPOSED TOWN OF QUEENSBURY
WATER DISTRICTS CONSOLIDATION AGREEMENT
The Queensbury Town Board adopted a Resolution on Monday, March 7th, 2016 endorsing a proposed
Consolidation Agreement to commence proceedings to consolidate one of the Town's Water Districts
with one of its Extensions pursuant to New York General Municipal Law Article 17-A. The proposed
Consolidation Agreement is available for viewing at the Town Clerk's Office at 742 Bay Road,
Queensbury,New York,as well as on the Town's website: www.queensbury.net.
A summary of the proposed Consolidation Agreement is as follows: The two Districts to be consolidated
are the Queensbury Consolidated Water District (QCWD) and the Queensbury Consolidated Water
District Extension No. 51. (QCWDX). The name of the proposed consolidated District would be the
Queensbury Consolidated Water District (the "Consolidated District"). All of the rights, duties and
obligations of each of the separate Districts would become the rights, duties and obligations of the
Consolidated District. The QCWD currently has $1,346,500 in outstanding bonds and/or bond
anticipation notes; the QCWDX has no outstanding indebtedness. The O&M rates charged to property
owners within the existing Districts are the same. The boundaries of the Consolidated District would be
the combined jurisdictional boundaries of the two existing Districts. A legal description of the
Consolidated District and map that would be included in the Consolidated District are included in the
proposed Agreement. The consolidation would have no effect on elected or appointed officials or public
employees. The Town Board currently is the body responsible for both districts and would continue to be
responsible for the Consolidated District. The consolidation of the two Districts would result in moneys
being saved and long term costs lowered. All assets currently owned by each of the existing Districts
would become the property of the Consolidated District. Local Laws, Ordinances, Resolutions and
Orders affecting the Consolidated District would continue to be administered and enforced by the Town
of Queensbury Water Superintendent and/or the Town's Code Enforcement Officer. All properties
included in the Consolidated District would pay an annual ad valorem tax based on property assessment.
Annual charges for the cost of operation and maintenance costs for the water treatment plant and water
distribution system would be based on each property's metered water consumption and would be billed
quarterly. Any pre-consolidation debts duly incurred and agreements entered into by QCWD or QCWDX
would continue to be honored by the Consolidated District and satisfied according to their terms. The
proposed consolidation would take effect upon adoption of approval of a final version of the Agreement
by the Town Board after compliance with the requirements of GML Article 17-A. The Town Board will
meet at the Queensbury Activities Center, 742 Bay Road,Queensbury,New York, on Monday,April 18th,
2016 at 7:00 p.m.to hear public comments on the proposed Consolidation Agreement.
PUBLICATION DATE(S): ,2016
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY