052.2018 Consolidation Agreement Setting PH West Queensbury- Carey Rd Sewer RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND
SETTING PUBLIC HEARING CONCERNING PROPOSED
CONSOLIDATION OF WEST QUEENSBURY SANITARY SEWER
DISTRICT AND CAREY ROAD SANITARY SEWER DISTRICT
RESOLUTION NO.: 52, 2018
INTRODUCED BY. Mrs. Jennifer Switzer
WHO MOVED ITS ADOPTION
SECONDED BY. Mr.Anthony Metivier
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 district"; and
WHEREAS, the West Queensbury Sanitary Sewer District ("West Queensbury District")
was duly established by the Queensbury Town Board ("Town Board") in 2011 to serve the West
Queensbury area from the City of Glens Falls line at Western and Thomas Streets to the area just
past Exit 18 of the Adirondack Northway (I-87) on Corinth Road; and
WHEREAS, the Carey Road Sanitary Sewer District ("Carey Road District") was duly
established by the Town Board in 2016 to serve the Carey Industrial Park and adjacent properties
along Corinth Road, Carey Road, Silver Circle, Big Bay Road and Big Boom Road, and connect
to the West Queensbury District at two locations, but the improvements have not yet been
constructed; and
WHEREAS, the Queensbury Town Board is the body responsible for the administration
of all its sewer districts, including the West Queensbury District and the Carey Road District, and
WHEREAS, the Town Wastewater Director has studied whether it would be to the
mutual benefit, and in the best interests of the customers each serves, to combine the West
Queensbury District and the Carey Road District 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, Town Counsel and the Town Wastewater Director have prepared a proposed
Consolidation Agreement and provided it to the Town Board for its review;
WHEREAS, New York General Municipal Law Article 17-A requires the local
government entities to be consolidated to endorse a Consolidation Agreement by adoption of a
joint Resolution to commence consolidation proceedings; and
WHEREAS, the Queensbury Town Board is the governing entity for each of the Districts,
so the statutory requirement for a joint Resolution is satisfied by adoption of a single Resolution
by the Queensbury Town Board on behalf of each District, and
NOW, THEREFORE, IT IS HEREBY
RESOLVED AS FOLLOWS:
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, March 5,
2018 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, which date is not less than
35 days and not more than 90 days after commencement of consolidation proceedings by
adoption of this Resolution.
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, being the Town Clerk's Office
located at 742 Bay Road, Queensbury, New York 12804 and also at the Town
Wastewater/Water Building located at 833 Corinth Road, Queensbury, New York
12804;
2
(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
(c) arrange for the Summary of the Agreement and a reference to the public place
where they may be examined to be published at least once each week for four (4)
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 places 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, the Town
Wastewater Superintendent, the Town Clerk and Town Counsel to take all actions necessary to
effectuate this Resolution.
Duly adopted this 22nd day of January, 2018 by the following vote:
AYES: Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES: None
ABSENT: None
3