319.2006
RESOLUTION APPROVING SEWAGE-WORKS CORPORATION IN
CONNECTION WITH CENTRAL QUEENSBURY QUAKER ROAD SEWER
DISTRICT EXTENSION NO. 10 – BAY ROAD TO SERVE THE CEDARS
SENIOR LIVING COMMUNITY
RESOLUTION NO. 319, 2006
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 227,2006, the Queensbury Town Board established,
authorized and approved an extension to the Central Queensbury Quaker Road Sewer District known
as Central Queensbury Quaker Road Sewer District Extension No. 10 – Bay Road, such extension to
include The Cedars Senior Living Community (the “Community”), and
WHEREAS, the Green Mountain Development Group, Inc., on behalf of The Cedars Senior
Living Community (GMDG), has advised the Town Board that the New York State Department of
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Environmental Conservation requires the formation of a Sewage-Works Corporation to own and
maintain the Cedars’ on-site sewer collection system, pump station and force main connection to the
new sewer line to be constructed in accordance with Extension No. 10(the “sewer works”), and
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WHEREAS, by letter dated Mary 25, 2006, GMDG formally issued its request that the Town
Board consent to the formation of a Sewage-Works (or “Transportation”) Corporation to be known as
the Cedars Housing Sewage Corporation (the “Corporation”) which will own and maintain the entire
sewer collection and force main system on the Cedars property as shown on plans submitted by
GMDG to the Town’s 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, C.T. Male Associates, P.C., 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 contractor installing the sewer line, Edward & Thomas O’Connor, will
add the Town to its existing payment and performance bonds for completion of the construction
of the sewer works, and
WHEREAS, the Town Board has received a guaranty from the owners of the first, second
and third phases of the Community of payment of all costs of operation and maintenance of the
sewer works and this payment obligation constitutes sewer rents payable to the Town secured by
a lien on all the real property in the Community, 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 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,”
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury 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 Green Mountain Development Group, Inc., on behalf of The
Cedars Senior Living Community (GMDG), in connection with Central Queensbury Quaker Road
Sewer District Extension No. 10 – Bay Road, such extension including The Cedars Senior Living
Community, such consent being in accordance with New York State Transportation Corporations
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Hyphenate, Tabs: Not at -0.5"
Formatted: Not Expanded by /
Condensed by
Article 10, “Sewage-Works Corporations,” 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’s Wastewater Director to
forward a certified copy of this Resolution to the Green Mountain Development Group, Inc. and/or the
New York State Department of Environmental Conservation, and the Wastewater Director and/or
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 19 day of June, 2006, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford
NOES : None
ABSENT: None
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