496.2008
RESOLUTION APPROVING SEWAGE-WORKS CORPORATION IN
CONNECTION WITH TAKUNDEWIDE HOMEOWNERS
SEWAGE-WORKS CORPORATION
RESOLUTION NO. 496, 2008
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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WHEREAS, the Queensbury Planning Board granted site plan approval on March 11, 2008
for the community wastewater system for 11 lots within the Takundewide Subdivision and conditioned
such approval upon, among other things, the Town Board approving a Transportation Corporation
that will own and maintain such wastewater system, and
WHEREAS, the Takundewide Homeowners Transportation Corporation (Takundewide), by
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letter dated March 24, 2008, formally issued its request that the Town Board consent to the formation
of a Sewage-Works (or “Transportation”) Corporation to be known as the Takundewide Homeowners
Sewage-Works Corporation (the “Corporation”) which will own and maintain the entire sewer
collection and force main system on the Takundewide property as shown on a Site Plan Community
Wastewater System Prepared for Takundewide by Hutchins Engineering and dated 2/6/07 and
submitted by Takundewide to the Town’s Planning Board and Wastewater Director, and
WHEREAS, the maps and specifications of the sewer works to be owned and operated by
the Corporation have been filed with the New York State Department of Environmental
Conservation which has indicated that it is prepared to approve the plans upon formation of the
Corporation and satisfactory responses to its comments on the plans, and
WHEREAS, Vision Engineering, the Town’s engineer, has examined the plans and
specifications of the sewer works and provided a written report to the Town Board finding the
information complete and the facilities acceptable, and
WHEREAS, the Town Engineer’s fees associated with this project must be paid by the
Takundewide HOA prior to any property hooking up to the transportation corporation facilities
or such facilities being used, and
,
WHEREASno property shall hook up to and the transportation corporation facilities
shall not be used until such time as the infrastructure is completely installed to the satisfaction of
the Town Engineer and the Town is provided with proof that the costs of construction have been
fully paid, and
WHEREAS, the Town Board has received a guaranty of payment of all costs of operation
and maintenance of the sewer works for the next five years in the form of a signed Escrow
Agreement and cashin the amount of $8,500, where the Town Engineer has reviewed and
approved the estimated annual cost of operation of $1,700, and
WHEREAS, the stock of the Corporation will be placed in escrow providing that title will
pass to the Town in the event of certain occurrences pursuant to an Escrow Agreement provided
to the Town, and
WHEREAS, the rates to be charged each residence within the bounds of the area of this
transportation corporation shall be equal to every other residence so that all costs are divided
equally, and
WHEREAS, the Town Board has satisfied itself that it has received all materials it needs to
issue its consent, and
WHEREAS, the Town Board wishes to issue its consent to the creation of such Sewage-
Works Corporation in accordance with New York State Transportation Corporations Article 10,
“Sewage-Works Corporations,” and
WHEREAS, the proposed action is an unlisted action in accordance with the rules and
regulations of SEQRA,
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the Environmental Assessment Form and thoroughly analyzing the action for potential
environmental concerns, determines that the action will not have a significant effect on the
environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the proposed action
will not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of
the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and issues its consent to the Sewage-
Works Corporation required by the New York State Department of Environmental Conservation and
as requested by the Takundewide Homeowners Transportation Corporation (Takundewide), on behalf
of the Takundewide Homeowners Sewage-Works Corporation (the “Corporation”), such consent
being in accordance with New York State Transportation Corporations Article 10, “Sewage-Works
Corporations,” contingent upon Takundewide providing the Town of Queensbury with: 1) an Escrow
Agreement and cash in the amount of$8,500 to provide security for the estimated operation and
maintenance costs for a five (5) year period, and 2) a Stock Escrow Agreement in form acceptable to
Town Counsel, and
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BE IT FURTHER,
RESOLVED, that all Resolutions hereunder are contingent upon the matters detailed in the
“WHEREAS” paragraphs set forth above, and
BE IT FURTHER,
RESOLVED, that the Town Board retains the continuing right to review the adequacy of
the security provided in connection with the sewer works to determine whether it should be
modified on the basis of fiscal performance or other conditions, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisorto forward a
certified copy of this Resolution to the Takundewide Homeowners Transportation Corporation and/or
the New York State Department of Environmental Conservation, and the Town Supervisor to take
such other and further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 20 day of October, 2008, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: Mr. Montesi
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