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150.2021 Endorsing Consolidated Agreement and Setting PH - 5 Sewer Districts RESOLUTION ENDORSING CONSOLIDATION AGREEMENT AND SETTING PUBLIC HEARING CONCERNING PROPOSED CONSOLIDATION OF FIVE (5) TOWN SANITARY SEWER DISTRICTS RESOLUTION NO.: 150, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, New York General Municipal Law Article 17-A authorizes water and sewer districts to consolidate into combined districts if such combination “shall be conducive to the public health, welfare, and convenience and be of special benefit to the lands of the district”, and WHEREAS, the Queensbury Consolidated Sanitary Sewer District was duly established by the Queensbury Town Board (“Town Board”) to serve the business district of Queensbury, including portions of Aviation Road, Quaker Road, Upper Glen Street, Bay Road, Ridge Road, Meadowbrook Road, and numerous other side streets, and WHEREAS, the Route 9 Sewer District was duly established by the Town Board to serve the mostly commercial area along Route 9 from Weeks Road to Route 149, including portions of Weeks Road, Sweet Road and Lawton Avenue, and WHEREAS, the West Queensbury Consolidated Sanitary Sewer District was duly established by the Town Board to serve the West Queensbury area including Exit 18 of I-87 (Adirondack Northway) extending from the City of Glens Falls line at Western and Thomas Streets to the area just past Exit 18 on Corinth Road and encompasses the Carey Road Industrial Park and adjacent properties, and WHEREAS, the Technical Park Sewer District was duly established by the Town Board to serve the Queensbury Technical Park off Dix Avenue, portions of Dix Avenue and a portion of Luzerne Road, and WHEREAS, the Pershing, Ashley, Coolidge Sewer District was established to serve the area including Pershing Road, Ashley Place and Coolidge Avenue, and WHEREAS, the Town Board is the body responsible for the administration of all its Sanitary Sewer Districts, including the aforesaid five (5) Sanitary Sewer Districts, and WHEREAS, the Town Wastewater Director has studied whether it would be to the mutual benefit, and in the best interests of the customers each serves, to combine these five (5) Sanitary Sewer Districts into one District, proposed to be named the “Greater Queensbury Consolidated Sanitary Sewer District,” and determined that such a combination would create greater operating efficiencies and more equitable distribution of fiscal responsibilities, provide better service to the public served by each District, and generate cost savings by avoiding duplication in administrative services, and WHEREAS, in addition, the risk of isolated unpredictable failures and costs will be spread over the entire Consolidated District, expecting to result in a more financially stable District and will also better allow the Consolidated District to reliably finance its operating and capital costs, and WHEREAS, Town Counsel and the Town Wastewater Director have prepared a proposed Consolidation Agreement and provided it to the Town Board for its review, WHEREAS, New York General Municipal Law Article 17-A requires the local government entities to be consolidated to endorse a Consolidation Agreement by adoption of a joint Resolution to commence consolidation proceedings, and WHEREAS, the Town Board is the governing entity for each of the Districts, so the statutory requirement for a joint Resolution is satisfied by adoption of a single Resolution by the Town Board on behalf of each District, 2 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1. The Queensbury Town Board (on behalf of each of the five (5) Sewer Districts) hereby endorses the proposed Consolidation Agreement. 2. As stated in the proposed Consolidation Agreement, the Town Board shall meet at st the Queensbury Activities Center, 742 Bay Road, Queensbury, New York, on Monday, June 21, 2021 at 7:00 p.m. to hear public comments on the proposed Consolidation Agreement and to take such other and further action as may be required or authorized by law, which date is not less than 35 days and not more than 90 days after commencement of consolidation proceedings by adoption of this Resolution. 3. The Town Board hereby authorizes and directs the Queensbury Town Clerk to: (a) cause a copy and a Summary of the Agreement to be displayed and readily accessible to the public for inspection in a public place, being the Town Clerk’s Office located at 742 Bay Road, Queensbury, New York 12804 and also at the Town Wastewater/Water Building located at 823 Corinth Road, Queensbury, New York 12804; (b) cause a copy and a Summary of the Agreement and a reference to the public place where they may be examined to be displayed on the Town’s website; and (c) arrange for the Summary of the Agreement and a reference to the public place where they may be examined to be published at least once each week for four (4) successive weeks in The Post Star; not more than five (5) business days after adoption of this Resolution, as required by the New York General Municipal Law. 3 4. The Town Board further authorizes and directs the Town Clerk to cause a Notice of the Public Hearing, including a Summary of the Agreement and a reference to the public places where it may be examined, to be published and displayed on the Town’s website not less than 10 or more than 20 days before the Public Hearing, as required by the New York General Municipal Law. 5. The Town Board authorizes and directs the Town Supervisor, the Town Wastewater Superintendent, the Town Clerk and Town Counsel to take all actions necessary to effectuate this Resolution. rd Duly adopted this 3 day of May, 2021 by the following vote: AYES: Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer NOES: None ABSENT: None 4