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112.2018 Consolidation Agreement West Qsby & Carey Road RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT FOR CONSOLIDATION OF WEST QUEENSBURY SANITARY SEWER DISTRICT AND CAREY ROAD SANITARY SEWER DISTRICT RESOLUTION NO.: 112,2018 INTRODUCED BY: Mr. 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, potential environmental impacts of the West Queensbury District and the Carey Road District were subject to review pursuant to the State Environmental Quality Review Act (SEQRA) at the time each of the Districts was established, 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 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 prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, and 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 both 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 both Districts, and WHEREAS, the Town Board adopted Resolution 52,2018 on January 22, 2018 endorsing the proposed Consolidation Agreement and scheduling a Public Hearing to hear public comments on the proposed Consolidation Agreement, and WHEREAS, after providing notice as required by General Municipal Law Article 17-A, the Town Board conducted a Public Hearing on the proposed Consolidation Agreement on March 5, 2018, and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to consolidate the West Queensbury District and the Carey Road District in accordance with General Municipal Law Article 17-A, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The Town Board hereby determines that consolidation of the West Queensbury District and the Carey Road District as described in the Consolidation Plan is not an "action" for purposes of SEQRA review as it does not involve any project or physical activity, planning and policy making activity or adoption of agency rules, regulations and procedures, that may affect the environment. 2 2. The Town Board hereby determines that consolidation of the West Queensbury District and the Carey Road District as described in the Consolidation Plan would be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the Districts, approves the final Consolidation Agreement and authorizes the Town Supervisor to execute the Consolidation Agreement in substantially the form presented at this meeting. The Town Board authorizes and directs the Town Supervisor, the Town Water Superintendent and the Town Clerk to take all actions necessary to effectuate this Resolution and the Consolidation Agreement. Duly adopted this 5ffi day of March, 2018 by the following vote: AYES: Mrs. Switzer, Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone NOES: None ABSENT:None 3