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435.2003 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on October 6th, 2003 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was adopted and subject to permissive referendum: RESOLUTION APPROVING HILAND PARK SEWER DISTRICT EXTENSION NO. 2 RESOLUTION NO. 435, 2003 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to establish an extension to the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No. 2, and WHEREAS, a Map, Plan and Report has been prepared by Thomas W. Nace, P.E., an engineer licensed by the State of New York, regarding the proposed extension to serve two parcels, one being the easternmost lot of the recently approved Baybrook Professional Park Subdivision on which will be built the approved 128 unit (256 bedroom), Meadowbrook Apartments complex (Tax Map No.: 296.12-1-27.1) and the second lot being that of an existing single family residence on the east side of Meadowbrook Road owned by Kent and Carole Kilburn (Tax Map Parcel #297.09-1-1), as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, the Town Board accepted such Map, Plan and Report as the Map, Plan and Report for the proposed Sewer District Extension and such Map, Plan and Report has been filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report includes (a) the boundaries of the proposed Sewer District Extension, (b) a general plan of the proposed sewer system, (c) a report of the proposed sewer system and method of operation and (d) all outlets and the terminus and course of each proposed main sewer or drain together with the location and a general description of all sewage disposal plants, pumping stations and other public works, and nd WHEREAS, on September 22, 2003 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 maximum amount proposed to be expended for the improvement; (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 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 October 6, 2003 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board has considered the establishment of the Sewer District Extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a Negative Declaration concerning environmental impacts, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension as 2 detailed in the Map, Plan and Report in accordance with Town Law, Article 12A and consolidate the Extension with the Hiland Park Sewer District in accordance with Town Law §206-a, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that: 1.Notice of Public Hearing was published and posted as required by law and is otherwise sufficient; 2.All property and property owners within the District Extension are benefited; 3.All property and property owners benefited are included within the limits of the District Extension; 4.It is in the public interest to establish, authorize, and approve the Hiland Park Sewer District Extension No. 2 to the existing Hiland Park Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk; 5.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 BE IT FURTHER, RESOLVED, that the Town Board hereby approves, authorizes and establishes the Hiland Park Sewer District Extension No.: 2 in accordance with the boundaries and descriptions set forth in the previously described Map, Plan and Report and construction of the improvements may proceed and service provided subject to the following; 3 1.The obtaining of any necessary permits or approvals from the New York State Department of Health; 2.The obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 3.The obtaining of any required approval(s) of the New York State Comptroller’s Office; 4.Permissive referendum in the manner provided in New York State Town Law Article 7; and 5.The adoption of a Final Order by the Queensbury Town Board; and BE IT FURTHER, RESOLVED, that this Resolution is subject to permissive referendum in the manner provided by the provisions of New York State Town Law Articles 7 and 12-A and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and publish such notice of this Resolution as may be required by law and to cause to be prepared and have available for distribution proper forms for the petition and shall distribute a supply to any person requesting such petition, and if no such petition is filed within 30 days, to file a certificate to that effect in the Office of the County Clerk. th Duly adopted this 6day of October, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES: None ABSENT:None I, Caroline H. Barber, Deputy Town Clerk I of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above th adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 6 day of 4 October, 2003 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this th 18 day of March 2004. SEAL SIGNED:______________________________________ Caroline H. Barber Deputy Town Clerk I Town of Queensbury 5