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487.2007 RESOLUTION AND FINAL ORDER ESTABLISHING QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 6 RESOLUTION NO. 487, 2007 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map identification no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, by Resolution No.: 165,2007, the Town Board accepted and approved the Map, Plan and Report and it was filed in the Queensbury Town Clerk's Office and made available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and nd WHEREAS, on April 2, 2007 subsequent to the filing of the Map, Plan and Report with the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of the proposed Sewer District Extension; (b) the proposed improvements; (c) the fact that all costs of the improvements will be paid for by the property owners and/or grant funding and not the Town of Queensbury; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer District Extension 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; (f) the fact that a Map, Plan and Report describing the improvement is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the proposed Sewer District Extension; (h) that all the expenses of the District, including all extensions heretofore or hereafter established, shall be a charge against the entire area of the District as extended, 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 Sewer 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, and WHEREAS, a public hearing on the proposed Sewer District Extension was duly held on th Monday, April 16, 2007 and the Town Board considered the evidence given together with other information, and 2 th WHEREAS, on June 4, 2007, the Town Board considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and by Resolution No.: 260,2007, adopted a Negative Declaration concerning environmental impacts, and th WHEREAS, on June 4, 2007, the Town Board also adopted Resolution No.: 261,2007, determining that (a) the Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; (b) all property and property owners within the District Extension will be benefited thereby; (c) all property and property owners benefited will be included within the limits of the District Extension; (d) it is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer District Extension No. 6 to the existing Queensbury Technical Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and (e) in accordance with New York State Town Law §206-a, it is in the public interest to assess all expenses of the District, including all extensions heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended; and approving establishment of the District Extension subject to permissive referendum; and WHEREAS, the Town Clerk 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 filed the Certificate required to be filed in accordance with Town Law §209-e establishing that no such petition was filed requesting a referendum, and WHEREAS, the permission of the State Comptroller is not required in accordance with § New York State Town Law 209-f, and WHEREAS, the Town wishes to adopt a Final Order establishing Queensbury Technical Park Sewer District Extension No. 6, and 3 WHEREAS, a sewer line easement from the West Glens Falls Emergency Medical Services is necessary and has been received, and WHEREAS, Jarrett-Martin Engineers, PLLC has produced a “punch list” of remaining construction items, and WHEREAS, the Town wishes to establish the proposed Sewer District Extension in accordance with New York State Town Law Article 12A and consolidate it with the Queensbury § Technical Park Sewer District in accordance with New York State Town Law 206-a, NOW, THEREFORE, IT IS HEREBY ORDERED, that the Queensbury Town Board hereby authorizes, approves and establishes the Queensbury Technical Park Sewer District Extension No. 6 to the Queensbury Technical Park Sewer District in accordance with the boundaries and descriptions set forth in the Map, Plan and Report and, upon the certification by the Wastewater Director that all “punch list” items have been completed or that there are sufficient funds withheld for any remaining items, authorizes the acceptance of the dedication of the sewer lines, mains, pump station and all appurtenances and equipment, and it is FURTHER ORDERED, that: 1.All proposed construction was installed and paid for by the property owners and/or grant funding and the Town will not be issuing bonds to finance the District Extension. § 2.In accordance with New York State Town Law 206-a, it is in the public interest to assess all expenses of the District, including all extensions included heretofore or hereafter established, as a charge against the entire area of the District as extended and it is in the public interest to extend the District only if all expenses of the District shall be assessed against the entire District as extended. 4 3.The Project Engineer has certified the Project and the Wastewater Director has reviewed the certified documents and found them to be complete. 4.A one year guarantee on the infrastructure installed begins as of the date of this Final Order. And it is, FURTHER ORDERED, that the Town Board hereby directs the Queensbury Town Clerk to make arrangements to record a certified copy of this Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution and Order to the State Department of Audit & Control at Albany, New York, the Town Assessor's Office, Community Development Department and Wastewater Department, within 10 days of the above-referenced certification by the Wastewater Director, and it is FURTHER ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater Director and Town Fiscal Manager to take all other actions necessary to effectuate the terms of this Resolution. th Duly adopted this 5 day of November, 2007, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough NOES : None ABSENT: None 5