188.96
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF
GLENS FALLS, THE TOWN OF QUEENSBURY, AND
BERKSHIRE-QUEENSBURY, L.L.C.
RESOLUTION NO.: 188.96
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, Berkshire-Queensbury, L.L.C., is proposing to
construct a CVS Pharmacy, with an attached building for a
chiropractor's office and lease space, on certain real property
located at 5 Main Street, Queensbury, Tax Map No.: 130-3-18, and
WHEREAS, Berkshire-Queensbury, L.L.C., has requested the
approval of the Water and Sewer Board of the City of Glens Falls to
hook-up and transmit waste water to the sewage facilities owned and
maintained by the City of Glens Falls, and the Water and Sewer
Board of the City of Glens Falls has conditioned its approval of
said hook-up and transmission of waste water upon the approval of
the Town of Queensbury, and
WHEREAS, Berkshire-Queensbury, L.L.C., has therefore requested
approval from the Town of Queensbury to discharge sewage from the
proposed development to the sanitary sewer system owned and
maintained by the City of Glens Falls, and
WHEREAS, the Town of Queensbury, concerned about the impact
and precedence of the private sewer facility and regulation
thereof, is willing to give its approval to the said hook-up and
transmission of waste water under conditions designated in a
proposed agreement presented at this meeting, and Berkshire-
Queensbury, L.L.C., has indicated its willingness to execute said
agreement and agree to certain conditions, including, among other
things, that it will hook-up to a sewer district in the event that
the Town of Queensbury establishes a sewer district which includes
the property designated as tax map no. 130-3-18 owned by Berkshire-
Queensbury, L.L.C., and agrees not to allow any other person,
partnership, association, corporation, or other entity to hook-up
to said sewerage facility constructed by Berkshire-Queensbury,
L.L.C.,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves of the proposed agreement between the Board of Water and
Sewer Commissioners of the City of Glens Falls, the Town of
Queensbury, and Berkshire-Queensbury, L.L.C., presented at this
meeting, and authorizes and directs the Town Supervisor of the Town
of Queensbury to execute said agreement in form acceptable to Town
Counsel on behalf of the Town of Queensbury and take such other and
further steps as may be necessary to finalize the agreement between
all the parties and take such action as may be required or
necessary to accomplish the purposes of this agreement, and
BE IT FURTHER,
RESOLVED, that in accordance with the said agreement, the Town
of Queensbury hereby approves of the hook-up of Berkshire-
Queensbury, L.L.C., to the sewage facilities of the City of Glens
Falls and approves of the transmission of waste water by Berkshire-
Queensbury, L.L.C., to the sewerage facilities of the City of Glens
Falls, and
BE IT FURTHER,
RESOLVED, that the Board of Water and Sewer Commissioners of
the City of Glens Falls shall bill Berkshire-Queensbury, L.L.C.,
directly for sanitary sewer service at a rate which is the standard
rate for outside of the City of Glens Falls, and
BE IT FURTHER,
RESOLVED, that it is understood and agreed that the CVS
Pharmacy's sewer system is a private system and that the burden and
cost of maintaining, repairing, and preserving the private system
from the CVS Pharmacy to the Glens Falls sewer system shall be
borne by Berkshire-Queensbury, L.L.C., and
BE IT FURTHER,
RESOLVED, that it is mutually agreed by the Town, City, and
Berkshire-Queensbury, L.L.C., that this sewer agreement is
exclusively for the benefit of Berkshire-Queensbury, L.L.C., and
cannot be assigned or transferred to any other entity without the
prior written consent of both the Town and the City, and
BE IT FURTHER,
RESOLVED, that it is mutually agreed by the Town, City, and
Berkshire-Queensbury, L.L.C., that the Board of Water and Sewer
Commissioners of the City of Glens Falls has the authority to
inspect the records and sewage facilities of Berkshire-Queensbury,
L.L.C., to insure compliance and that no costs connected with such
inspection and the enforcement of the terms of the sewer agreement
shall be borne by the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor's Office is hereby
authorized and directed to forward a copy of this resolution to the
Water and Sewer Board of the City of Glens Falls and to forward a
copy of the agreement and resolution to Berkshire-Queensbury,
L.L.C.
Duly adopted this 15th day of April, 1996, by the following
vote:
AYES : Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES : None
ABSENT: None