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AMEND\Amend 371 of 2010-Amend Names of Sewer Districts—Out of District Contracts—1-24-2022
RESOLUTION AMENDING RESOLUTION NO.: 371,2010 AUTHORIZING
TOWN WASTEWATER DIRECTOR TO ENTER INTO OUT-OF-
DISTRICT AGREEMENTS BETWEEN THE TOWN AND CERTAIN
CUSTOMERS OUTSIDE OF QUEENSBURY SEWER DISTRICTS
RESOLUTION NO.: 2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 371,2010 the Queensbury Town Board authorized the
Town Wastewater Director to enter into Out-of-District Agreements, on such terms as he deems
appropriate, concerning the Town of Queensbury's Sewer Districts with those users to be
designated by the Town Wastewater Department for all of the Town's Sewer Districts, including,
but not limited to, the following:
1. Queensbury Consolidated Sanitary Sewer District;
2. Pershing-Ashley-Coolidge Sewer District;
3. Queensbury Technical Park Sewer District(District);
4. Reservoir Park Sewer District;
5. Route 9 Sewer District;
6. South Queensbury—Queensbury Avenue Sewer District; and
7. West Queensbury Sanitary Sewer District;
and
WHEREAS, by Resolution No.: 203,2021, the Town Board authorized the Final
Consolidation Agreement for consolidation of the Queensbury Consolidated Sanitary Sewer
District, Route 9 Sanitary Sewer District, West Queensbury Sanitary Sewer District, Technical
Park Sanitary Sewer District and the Pershing, Ashley & Coolidge Sanitary Sewer District into
one District named the Greater Queensbury Consolidated Sanitary Sewer District, and
WHEREAS, the Town Board therefore wishes to Amend Resolution No. 371,2010 to
recognize the consolidation of the aforementioned Sewer Districts and clarify the Town Wastewater
Director's authority to enter into Out-of-District Agreements,
NOW, THEREFORE, BE IT
RESOLVED,that the Queensbury Town Board hereby amends Resolution No.: 371,2010 in
order to recognize the recent consolidation of the Town's Sewer Districts and authorizes the Town
Wastewater Director to enter into Out-of-District Agreements, on such terms as he deems
appropriate with those users to be designated by the Town Wastewater Department for all of the
Town's Sewer Districts, including, but not limited to, the following:
1. Greater Queensbury Consolidated Sanitary Sewer District;
2. Reservoir Park Sewer District; and
3. South Queensbury—Queensbury Avenue Sewer District;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 371,2010 in
all other respects.
Duly adopted this 10t'day of January,2022,by the following vote:
AYES
NOES
ABSENT:
s
RESOLUTION AUTHORIZING TOWN WASTEWATER DIRECTOR TO
ENTER INTO OUT-OF-DISTRICT AGREEMENTS BETWEEN THE TOWN
OF QUEENSBURY AND CERTAIN CUSTOMERS OUTSIDE OF
QUEENSBURY SEWER DISTRICTS
RESOLUTION NO.: 371,2010
INTRODUCED BY: Mr.Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS,the Town of Queensbury has established and created several Sewer Districts as follows:
1. Queensbury Consolidated Sanitary Sewer District (previously known as the Central
Queensbury/Quaker Road Sewer District and Hiland Park Sewer District);
2. Pershing-Ashley-Coolidge Sewer District;
3. Queensbury Technical Park Sewer District(District);
4. Reservoir Park Sewer District;
5. Route 9 Sewer District;
6. South Queensbury—Queensbury Avenue Sewer District;and
7. West Queensbury Sanitary Sewer District;
referred to in this Resolution as the"Districts,"and
WHEREAS, at times, some Town residents wish to obtain sanitary sewer service from the Districts'
facilities but their properties are located outside the Districts' boundaries,and
WHEREAS, the Town of Queensbury wishes to consider supplying such Town residents and
property owners with such sanitary sewer service in accordance with Town Law §198(1), upon such terms
and conditions as the Town Wastewater Director deems appropriate,and
WHEREAS, by Resolution No.'s: 357,2003, 463,2004, and 485,2004, the Town Board authorized
the Town Wastewater Director to enter into out-of-District Agreements relating to the Route 9, Queensbury
Technical Park and Central Queensbury Quaker Road Sewer Districts,and
WHEREAS, the Town Board wishes to extend such authority to the Wastewater Director for all of
Queensbury's Sewer Districts,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Wastewater Director to
enter into Out-of-District Agreements, on such terms as he deems appropriate, concerning the Town of
Queensbury's Sewer Districts with those users to be designated by the Town Wastewater Department for all
of the Town's Sewer Districts, including, but not limited to,the following:
1. Queensbury Consolidated Sanitary Sewer District (previously known as the Central
Queensbury/Quaker Road Sewer District and Hiland Park Sewer District);
2. Pershing-Ashley-Coolidge Sewer District;
3. Queensbury Technical Park Sewer District(District);
4. Reservoir Park Sewer District;
5. Route 9 Sewer District;
6. South Queensbury—Queensbury Avenue Sewer District;and
7. West Queensbury Sanitary Sewer District;
and
BE IT FURTHER,
RESOLVED, that the Town Wastewater Director's authorization applies to Out-of-District User
contract requests of less than 500 gallons per day, with any Out-of-District User contract requests greater
than 500 gallons a day to be forwarded by the Town Wastewater Director to the Town Board for its
consideration and/or approval/disapproval,and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes the Wastewater Director to make all necessary
arrangements, including collection of any fees from the residents and/or property owners and signing the
Agreements as may be required by the Wastewater Director, in accordance with Town Law §198(1), to
effectuate the terms of this Resolution.
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Duly adopted this 15"'day of November,2010,by the following vote:
AYES Mr.Metivier,Mr. Montesi,Mr. Strough,Mr. Brewer,Mr. Stec
NOES : None
ABSENT: None
RESOLUTION APPROVING FINAL CONSOLIDATION AGREEMENT
FOR CONSOLIDATION OF
FIVE (5) TOWN SANITARY SEWER DISTRICTS
RESOLUTION NO.: 203,2021
INTRODUCED BY: Mr.Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim McNulty
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,
MeadowbrookRoad,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 justpast Exit 18 on CorinthRoad 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 duly established by the
Town Board 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 sewer
districts, including the aforesaid five(5) Sanitary Sewer Districts, and
WHEREAS, the Town Wastewater Director 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 prepared a proposed
Consolidation Agreement and provided it to the Town Board for its review, and
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,and
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WHEREAS, the Town Board adopted Resolution No.: 150,2021 on May 3`d, 2021
endorsing the proposed Consolidation Agreement and scheduling a Public Hearing to hear public
comments on the proposed Consolidation Agreement, and
WHEREAS, after providing notice as required by General Municipal Law Article 17-A,the
Town Board conducted a Public Hearing on the proposed Consolidation Agreement on June 21",
2021, and the Town Board has considered the evidence given together with other information,and
WHEREAS, the Town Board wishes to consolidate the Queensbury Consolidated Sanitary
Sewer District (QCSSD), Route 9 Sanitary Sewer District, West Queensbury Sanitary Sewer
District, Technical Park (Tech Park) Sanitary Sewer District and the Pershing, Ashley &
Coolidge (PAC) Sanitary Sewer District in accordance with General Municipal Law Article 17-A,
NOW,THEREFORE,IT IS HEREBY
RESOLVED:
1. The Town Board hereby determines that consolidation of the Queensbury
Consolidated Sanitary Sewer District (QCSSD), Route 9 Sanitary Sewer District, West
Queensbury Sanitary Sewer District, Technical Park (Tech Park) Sanitary Sewer District and the
Pershing, Ashley & Coolidge (PAC) Sanitary Sewer District as described in the Consolidation
Plan is not an "action" for purposes of SEQRA review as it does not involve any project or
physical activity, planning and policy making activity or adoption of agency rules, regulations
and procedures, that may affect the environment.
2. The Town Board hereby determines that consolidation of the Queensbury
Consolidated Sanitary Sewer District (QCSSD), Route 9 Sanitary Sewer District, West
Queensbury Sanitary Sewer District, Technical Park (Tech Park) Sanitary Sewer District and the
Pershing, Ashley & Coolidge (PAC) Sanitary Sewer District as described in the Consolidation
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Plan would be conducive to the public health, welfare, and convenience and be of special benefit
to the lands of the Districts, approves the final Consolidation Agreement and authorizes the
Town Supervisor to execute the Consolidation Agreement in substantially the form presented at
this meeting.
3. The Town Board authorizes and directs the Town Supervisor, the Town Wastewater
Director and the Town Clerk to take all actions necessary to effectuate this Resolution and the
Consolidation Agreement.
Duly adopted this 21'day of June,2021 by the following vote:
AYES : Mr. Ferone,Mr. McNulty, Mr. Strough,Mr. Metivier, Mr. Freer
NOES : None
ABSENT: None
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