098.2011Final Order W.Q. Swr Dist
RESOLUTION AND FINAL ORDER ESTABLISHING WEST
QUEENSBURY SANITARY SEWER DISTRICT
RESOLUTION NO.: 98, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 118,2003, the Queensbury Town Board envisioned the West
Queensbury Sanitary Sewer District (Sewer District or District) as described in a Map, Plan and Report
prepared by Barton & Loguidice, P.C., professional engineers, (Barton) dated December, 2002 and
revised September, 2004, and
WHEREAS, the Town Wastewater Director advised the Town Board that it was
necessary that Barton update the Map, Plan and Report for the West Queensbury Sanitary Sewer
District to reflect estimated project costs for the projected construction schedule and to meet
procedural requirements for special districts, and so the Town Board authorized Barton to update
such Map, Plan and Report and Barton updated the Map, Plan and Report in November, 2006, and
WHEREAS, the Town Wastewater Director advised the Town Board that it was necessary
that Barton again update the Map, Plan and Report to reflect increased estimated project costs for the
projected 2009 construction schedule and the Town Board authorized Barton to update such Map,
Plan and Report, and
WHEREAS, the revised Map, Plan and Report dated August, 2008 was filed in the
Queensbury Town Clerk's Office and is available for public inspection, and
WHEREAS, the revised Map, Plan and Report delineates the boundaries of the proposed
Sewer District, a general plan of the proposed sewer system, a report of the proposed sewer
system and method of operation, estimated project costs for the projected 2009construction
schedule and meets procedural requirements for special districts, and
WHEREAS, by Resolution No.: 117,2003, the Queensbury Town Board, as SEQRA
Lead Agency, conducted a coordinated SEQRA review and after considering the action, approved
a SEQRA Negative Declaration for the Project, and
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WHEREAS, on November 3, 2008 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; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the Sewer District 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 improvements is on file in the Town Clerk’s Office; and (g) the time and
place of a public hearing on the proposed Sewer District, 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 was duly held on Monday,
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November 17, 2008 and the Town Board considered the evidence given together with other
information, and
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WHEREAS, on November 17, 2008, the Town Board adopted Resolution No.:
523,2008, determining that (a) the Notice of Public Hearing was published and posted as required
by law and was otherwise sufficient; (b) all property and property owners within the Sewer
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District would be benefited thereby; (c) all property and property owners benefited would be
included within the limits of the Sewer District; (d) it was in the public interest to establish,
authorize, and approve the West Queensbury Sanitary Sewer District as described in the Map,
Plan and Report on file with the Queensbury Town Clerk subject to permissive referendum, and
WHEREAS, the Town Clerk duly 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 caused a Certificate to that effect to be
filed in the County Clerk’s Office, and
WHEREAS, the Wastewater infrastructure described in the Map, Plan and Report has
been constructed, and
WHEREAS, the Wastewater Director has produced a “punch list” of remaining construction
items, and
WHEREAS, the Town wishes to adopt a Final Order establishing the West Queensbury
Sanitary Sewer District, and
NOW, THEREFORE, IT IS HEREBY
ORDERED, that
1.The Queensbury Town Board hereby authorizes, approves and establishes the
West Queensbury Sanitary Sewer District in accordance with the boundaries and descriptions set
forth in the Map, Plan and Report, and
BE IT FURTHER,
ORDERED, that:
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1.It is in the public interest to assess all expenses of the District, including all extensions
hereafter established, as a charge against the entire area of the District;
2.The Project Engineer has certified the Project and the Wastewater Director has
reviewed the certified documents and found them to be complete; and
BE IT FURTHER,
ORDERED, that the Town Clerk shall 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 of Queensbury Assessor's Office, Community Development Department and Wastewater
Department, within 10 days of the date of adoption of this Order, and
BE IT FURTHER,
ORDERED, that the Town Board further authorizes and directs the Town Supervisor,
Wastewater Director and Town Budget Officer to take all other actions necessary to effectuate
the terms of this Resolution.
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Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
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