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2002-07-23 SP SPECIAL TOWN BOARD MEETING JULY 23RD, 2002 MTG#35 RES#307-308 7:00 P.M. BOARD MEMBERS PRESENT SUPERVISOR DENNIS BROWER COUNCILMAN ROGER BOOR COUNCILMAN THEODORE TURNER COUNCILMAN DANIEL STEC BOARD MEMBERS ABSENT COUNCILMAN TIM BREWER SUPERVISOR BROWER-Opened meeting. The reason for this Special Meeting is to set a Public Hearing concerning the proposed increase and maximum amount to be expended on the South Queensbury, Queensbury Avenue Sewer District. Asked Deputy Wastewater Director, Mr. Shaw to brief board members on the background of this. DEPUTY DIRECTOR W ASTEW A TER, MR. SHAW-Recently had seventeen different companies ask for specs and plans but only two bid on it. We got the bids in last Friday had a low bid of Kilby Brothers a million six forty the problem is it didn't include engineering or admin fees or legal fees there is no contingency in there. When you add those things to it we're probably another four hundred thousand dollars more than what we originally estimated the project. Lots of reasons for that I'll touch on a few. The reason the pump station was going to be located in one place on Warren County's parcel that was moved. The pump station itself because of the complexity of the pump station the pump station grew in size because we have to have two different upgrades in the future to accomplish the goals that we want to accomplish. There was an archeological problem found eighteen century site on a hillside up near the Airport had to go around that find some rerouting and reengineering and piping. There was some additional iping we put on Quaker Road to better accommodate the few users there at another additional cost. Originally when we did this about two and a half years when these estimates were first made so we've had some inflation in there too. When you bid in the middle of the summer which we did here what happen is we found out that most of the people who were originally interested in the project had filled their plate for the year that was the main problem so we had only two bidders. In the beginning we had the vision to build in a very high bond rate six percent in all the projections concerned that we may run into this problem it is something less than two point five so this blow has been soften because we originally estimated the interest rate much higher. There will be an additional cost to the user, of course, that's what's going to happen not what we consider a huge amount we are still below the threshold in the State Comptrollers Office. The State Comptrollers Office they do not have to have any additional eview. Supervisor Brower- Chris Round is going to attempt to write a grant to the Empire Opportunity Fund, which could potentially fund twenty five percent of this district, which would drop everybody's fees on the corridor. Whether of not the State sees fit to grant us that status or not is not known noting it would be significant for this corridor. Councilman Boor, we're the lead agent in this so it's of no use to have the other players also submit this grant application. Supervisor Brower- they might send a letter of support. Councilman Boor- that's something that we want to encourage. We know that all these people are involved, but would like to see supporting documentation from all the other players. Supervisor Brower it would be helpful in receiving the grant it should go in with the grant application. Councilman Boor would like to see that. Mr. Shaw-to sit down with Chris Round to make the application out. Councilman Boor, questioned the propose length of time for this construction? Mr. Shaw thre is a deadline the bid that they received is good for forty-five days the latest date is June of 2003 is the completion date. ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED INCREASE IN MAXIMUM AMOUNT TO BE EXPENDED ON SOUTH QUEENSBURY - QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 307,2002 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury, Town of Kingsbury, Warren County, Queensbury Economic Development Corporation, Washington County Sewer District #1, Warren-Washington County Industrial Development Agency and City of Glens Falls have entered into an Intermunicipal Agreement to jointly construct sewer facilities connecting the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP), and WHEREAS, the Town of Queensbury is acting as the coordinator of the project and will issue its municipal bonds and/or bond anticipation notes to finance a portion of the project with amounts required for debt service to be apportioned among the municipalities, municipal agencies and individual properties which will be benefited by the project, and WHEREAS, the Town of Queensbury has created the sewer district known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) was prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities involving three sewer districts and connecting the existing Washington County Sewer District #1 (WCSD#I) Wastewater Treatment Plant to the City of Glens Falls Wastewater Treatment Plant (GFWWTP) along a route following Queensbury Avenue and the Niagara Mohawk Right of Way, which area also included 30 lots in the Warren-Washington Counties Airport Industrial Park, the Floyd Bennett Memorial Airport and several parcels along the proposed force main route to the City of Glens Falls, as more specifically set forth and described in the Map, Plan and Report (the "Project"), and WHEREAS, the Map, Plan and Report was filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report delineates the boundaries of the sewer district, a general plan of the sewer system, a report of the sewer system and method of operation, and WHEREAS, the South Queensbury - Queensbury Avenue Sewer District was duly and properly formed, and WHEREAS, the estimated annual cost to the "typical property" was filed with the Town Clerk and as part of the Map, Plan and Report, and WHEREAS, the Town has received bids for this Project and all of the bids were in excess of the maximum estimated cost of the Project set forth in the Map, Plan and Report, and WHEREAS, the Town still feels that this is an important Project, and WHEREAS, the costs to the typical user still do not exceed the State Comptroller's Office threshold for the average estimated cost of a sewer district to a typical user, and WHEREAS, the Town Board wishes to increase the maximum amount to be expended for the South Queensbury-Queensbury Avenue Sewer District in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS ORDERED: 1. The boundaries of the South Queensbury - Queensbury Avenue Sewer District have not changed and are shown on the Project Location Map included with the Map, Plan and Report on file with the Town Clerk's Office. The benefited properties proposed to be a part of the Sewer District are as follows: TAX MAP NO. OWNER/USE 303.10-1-12 North Country Imports (automobile dealership) 297.16-1-1 Airron Industrial 297.16-1-2 Airron Industrial 297.20-1-2 Airron Industrial 297.20-1-3 Airron Industrial 303.12-1-9 Warren County 303.10-1-8 Forest Enterprises 303.11-1-4 Forest Enterprises 303.15-1-25 Forest Enterprises 303.15-1-18 Garden World Assoc. 303.15-1-20 Forest Enterprises 303.15-1-21 Forest Enterprises 303.15-1-22 Forest Enterprises 303.15-1-23 Glens Falls National Bank & Trust Company 303.15-1-24 Forest Enterprises 303.10-1-9 Top of the World Auto Body 2. Four separate sewer districts, including the existing Warren County Sewer District #1 and Washington County Sewer District #1 and the South Queensbury-Queensbury Avenue Sewer District and Kingsbury Sewer District, will utilize the improvements which comprise the Project. The proposed improvements will connect the existing wastewater collection system to the City of Glens Falls Wastewater Treatment Plant by constructing a gravity sewer line along Queensbury Avenue connected to a pump station opposite the Floyd Bennett Memorial Airport which will lift wastewater through a force main to a gravity sewer manhole in Dix Avenue. Specific improvements include the construction of the pumping station, installation of approximately 1000 feet of gravity sewer to convey sewage from the existing Warren County Sewer District # 1 Wastewater Treatment Plant to the pumping station, installation of a force main southward along Queensbury Avenue to an existing Niagara Mohawk Power Corp. right-of-way, westward along the NIMO rigt -of-way to Quaker Road, under Quaker Road by directional borings, along the south shoulder of Apollo Drive and along the south edge of a NIMO parking lot to an existing City of Glens Falls municipal sewer manhole. The improvements are still more fully described in the Map, Plan and Report. 3. All proposed improvements shall be installed and paid for as described in the Map, Plan and Report (including the cost payable to the City at the time of initial hook-up) and shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, and any State laws or regulations, and in accordance with approved plans and specifications and under competent engineering supervision. 4. The maximum amount proposed to be expended for these improvements is increased from $2,204,035 to approximately $2,596,328 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility which is estimated to be $.50 per gallon of average daily flow, which in this case will equal $12,500. As described in paragraph 7 below, the amount for which existing and new District users will be responsible for is increased from $903,195 to approximately $1,367,591. The improvement costs for various components of the Sewer District are detailed in the bid information on file with the Town Clerk's Office. 5. Nearly all of the properties within the Sewer District are zoned for industrial or commercial use but are vacant at this time. Under Town Law Section 209-a(2), "Typical Property" is defined as a benefited property having an assessed value that approximates the assessed value of the mode of the benefited properties situated in the district or extension that will be required to finance the cost of the proposed improvements. Using this definition, the assessed value of the "Typical Property" is $50,000 and the total estimated annual cost of the District to the "Typical Property" during the first year following formation would be increased from $340 to $372. The estimated annual cost of the District for debt service and operation and maintenance costs to a typical one or two family home during the first year following formation would be increased from $170 to approximately $186. There would be no actual hook-up fees. The cost to retain a private contractor to install a new collection sewer system and/or sewe lateral between a building and the main Project sewer lines vary significantly depending on the individual conditions including distance from the line and various subsurface conditions. Typical sewer lateral installation costs have been at least several thousand dollars; it is impossible to generalize the costs for collections sewer systems. 6. A detailed explanation of how the estimated cost of the District to the typical property, and, if different, the typical one or two family home was computed is included in the Map, Plan and Report which is on file with the Town Clerk and available for public inspection. The bid information leading to the increase in the maximum amount is also on file and available for inspection. 7. The proposed method of financing the total cost of the Project includes the following: A. U. S. Department of Commerce-Economic Development Administration Grant in the amount of 50% of the Project cost up to $600,000; B. NYS Department of Environmental Conservation Clean Water/Clean Air Bond Act Grant in the amount of $302,000; C. $325,000 purchase of future capacity in the sewer district; and D. issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the Sewer District in the amount of $1,369,328, increased from $903,195. Debt service on the Bonds will be paid by an annual benefit tax charge to users and annual sewer use charges will be imposed to pay the costs of operation and maintenance. 8. The Town Board shall meet and hold a public hearing to hear all persons interested in the increase of maximum amount to be expended for the Sewer District and take such other and further action as may be required or authorized by law, at 7:00 p.m. on Monday, August 5th, 2002 at the Queensbury Activities Center, 742 Bay Road, Queensbury, New York. 9. The Town Board hereby authorizes and directs the Queensbury Town Clerk to duly publish and post this Order not less than ten (10) days nor more than twenty (20) days before the public hearing date, as required by Town Law ~209-d and ~209-h and complete or arrange for the securing of two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing required hereby and to file a certified copy of this Order with the State Comptroller on or about the date of publication. Duly adopted this 23rd day of July, 2002 by the following vote: AYES Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brower NOES None ABSENT: Mr. Brewer DISCUSION HELD Supervisor Brower-The Union and Town met today for Union negotiations with CSEA noting it was a productive meeting. RESOLUTION TO ADJOURN TOWN BOARD MEETING RESOLUTION NO. 308, 02 INTRODUCED BY: Mr. Roger Boor WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner RESOLVED, that the Town Board of the Town of Queensbury hereby adjourns its Special Town Board Meeting. Duly adopted this 23rd day of July, 2002, by the following vote: Ayes: Mr. Turner, Mr. Boor, Mr. Stec, Mr. Brower Noes:None Absent:Mr. Brewer No further action taken. On motion, the meeting was adjourned. Respectfully Submitted, Darleen M. Dougher Town Clerk Town of Queensbury