ROCK HILL — The Avon Commercial Park project, which involves constructing two warehouse buildings totaling 560,000 square feet, proposes connecting to the Consolidated Rock Hill-Emerald Green Sewer District in Rock Hill.

Glen Wild Land Company, which is developing the Avon Commercial Park Project, told the Democrat that it is seeking to develop the property “responsibly and ethically.”

The developer said an on-site sewer system was previously studied—at a lower cost than an extension—but added, “Connecting to a municipally run system will give both our ownership group and the Town of Thompson residents the peace of mind to know that the wastewater systems will be responsibly run in perpetuity. While there is an increased cost to us as developers, the overall benefit to the community makes it more than worthwhile.”

According to the Map, Plan, and Report prepared by MHE Engineering, the project will cost $1.3 million to extend the sewer district to the warehouse doors but will not result in increased costs for existing district users.

Furthermore, the resolution states the Avon Park project will be responsible for the cost of extending the district to the warehouse.

Currently, the Emerald Green water treatment plant will be obtaining an upgrade at the cost of approximately $13.8 million to order to meet the new standards from the state and expand capacity for “future growth.” District users will pay for that upgrade along with financial grants the town is applying for.

According to the Map, Plan, and Report, the proposed sewage flow will be approximately 4,000 gallons per day.

The Emerald Green plant has a capacity of 410,000 gallons per day, with an average sewage flow of 233,400 gallons per day, according to the Map, Plan, and Report, which recorded flows from August 2020 to July 2022.

Vote

At the January 3 meeting, the town board presented the multi-part resolution to be voted on.

The first part of the resolution was to declare that the district’s proposed extension would not negatively impact the environment. The board voted unanimously yes to this resolution.

The second part of the resolution package is “making certain determinations in relation to proposed extension.” 

The town board voted unanimously yes.

However, on the third part of the resolution, “approving extension No 2, subject to permissive referendum,” Councilperson Scott Mace and Councilperson Melinda Meddaugh voted no, with Councilperson Ryan T. Schock and Councilperson John Pavese along with Town Supervisor Bill Rieber Jr. voting yes. The resolution passed.

Rieber said before the vote that the extension was in the town’s best interest. He went on to say he understands the project is facing a legal battle and that the project’s scope can change.

“Giving sewer or not giving sewer to this project doesn’t stop or do anything to the project. If the project goes forward… you will still have proper handling of the effluent, and if the project doesn’t go forward, it’s a moot point.”

Meddaugh told the Democrat her reason for voting no is that the extension will take capacity away from the sewer district if the project can potentially not go forward.

The project is currently facing a legal battle as the Sullivan County Supreme Court has been asked to review the project via Article 78. The proceeding seeks to vacate and annul the negative declaration set forth by the Thompson Planning Board because of the adverse environmental impact of the clearing of trees and impacts on the soil and water to build the warehouses.

Meddaugh said with a “for sale” sign posted on the property, “We would be obligated to provide sewage for a project that may not come to fruition.”

“It seems better to wait to obligate sewer when there is an actual project moving forward, and it is determined the business wants to utilize municipal sewer as opposed to constructing their own sewer system,” Meddaugh added.

Steve Vegliante, an attorney for the project, said the property is “listed with a nationwide broker seeking tenants for the approved buildings. We are hoping to build to suit.”

Councilperson Mace said he voted  no due to similar concerns over capacity once the district is extended and is unsure if this “is the project Rock Hill needs or wants right now.”

With the increased traffic and traffic already having difficulty negotiating the turns in Rock Hill now, Mace said, “Safety is a major concern.”

“If they want to build, let them put in their own exit near them as they do all along [any other] other major highways,” said Mace.

Referendum & Opposition

The passed resolution is subject to a permissive referendum in which users in the sewer district can sign a petition to bring the resolution to a referendum vote within 30 days.

According to Thompson Town Attorney Michael Mednick, the referendum will need five percent of the total number of owners of taxable real property situated within the proposed extended district for the referendum or 100 owners, whichever is lesser per the Town Law.”

If no petition is set forth, the resolution will return to the town board for a final vote of approval of the sewer extension.

The Lake Communities Alliance (LCA) said they are not in favor of the expansion of the Rock Hill Sewer District.

LCA added, “We don’t believe that the future sewer district capacity limits can be determined until the tenancy of the planned Avon Park Distribution Center is known and the type of sewer discharges that will take place from this site can be properly evaluated.”