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166.2007 ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED QUEENSBURY TECHNICAL PARK SEWER DISTRICT EXTENSION NO. 6 RESOLUTION NO. 166, 2007 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to establish an extension to the Queensbury Technical Park Sewer District (hereinafter the “District”) to be known as the Queensbury Technical Park Sewer District Extension No. 6 (hereinafter the “Sewer District Extension”), and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin Engineers, PLLC, engineers licensed by the State of New York regarding the proposed Sewer District Extension to permanently serve: 1) the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map identification no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); such parcels located generally along Luzerne Road and the proposed Main Street Connector Road, and as more specifically set forth and described in the Map, Plan and Report, and WHEREAS, by previous Resolution, the Map, Plan and Report has been accepted and approved by the Town and has been 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 proposed Sewer District Extension, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, the Town Board wishes to establish the proposed Sewer District Extension in accordance with Town Law Article 12A and consolidate the Sewer District Extension with the Queensbury Technical Park Sewer District in accordance with Town Law §206-a, and WHEREAS, Part I of an Environmental Assessment Form has been prepared and presented at this meeting and the Town will act as Lead Agency and the action will undergo a coordinated review, NOW, THEREFORE, IT IS ORDERED: 1. The Queensbury Town Board shall hold a public hearing to consider establishment of the proposed Extension No. 6 to the Queensbury Technical Park Sewer District described in this Resolution to be known as the Queensbury Technical Park Sewer District Extension No. 6. 2. The boundaries of the proposed extension and benefitted areas of the Queensbury Technical Park Sewer District include the West Glens Falls Emergency Squad’s new emergency medical services building, 2) a new apartment complex developed by Schermerhorn Residential Holdings, LLC, 3) commercial development along the proposed Main Street Connector Road, and 4) an additional parcel 2 on Luzerne Road near the City of Glens Falls boundary owned by Laconia Realty, such parcels bearing tax map parcel no.’s: ? 309.10-1-45 – Schermerhorn Residential Holdings, LLC (Deed Reference {Book/Page}: 3015/23) ? 309.10-1-83.2 – West Glens Falls EMS (Deed Reference {Book/Page}: 3015/264) ? 309.10-1-83.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1477/192) ? 309.10-1-82.1 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1314/225) ? 309.10-1-84.4 – Queensbury Economic Development Corp. (Deed Reference {Book/Page}: 1302/77) ? 309.11-2-23 – Laconia Realty Corp. (Deed Reference {Book/Page}: 1415/254); and as more specifically set forth and described in the Map, Plan and Report. 3. The existing Town of Queensbury municipal sanitary sewer along Luzerne Road extends from City of Glens Falls (hereinafter the “City”) owned property at the northwest corner of Veterans and Luzerne Roads, easterly to the City boundary. The sewer connects to the City municipal sanitary sewer system just east of the City line on Luzerne Road. New sanitary sewer to be constructed to serve this proposed Sewer District Extension will be 10” PVC along Luzerne Road and 8” PVC along the proposed Main Street Connector Road in accordance with Queensbury Wastewater Standards and “Ten State” Standards. The 10” sewer will extend west along Luzerne Road from the existing manhole to the southwesterly corner of Luzerne Road and the new Connector Road wherein an 8” PVC sewer will extend approximately 400’ south to serve potential commercial development along the Connector Road. The sewer along Luzerne Road will be installed at minimum grade to facilitate future sewer extension to the west. Plans and details for this new connection are shown on the Map, Plan and Report. Flows from this proposed Extension will be transported and discharged to the City of Glens Falls Wastewater Treatment Plant which has the capacity to provide the Town of Queensbury with the capacity necessary for this Sewer District Extension. 4. The cost of installation of sewer laterals shall be the responsibility of the property owners. Legal, engineering and construction costs to form the Sewer District Extension are to be paid by the property owners and/or grant funding for this purpose and members of the Sewer District will not be 3 responsible for these costs. The improvements shall be constructed and installed in full accordance with the Town of Queensbury's specifications, ordinances or local laws, any State laws or regulations, in accordance with approved plans and specifications and under competent engineering supervision. 5. The maximum amount proposed to be expended to form the Sewer District Extension is approximately $220,000 which would be borne by the property owners. This estimate includes the capital cost of construction, as well as the one-time buy-in fee for capacity at the Glens Falls Sewage Treatment Facility (calculated at $1.00/gallon of average daily flow to be paid by district members when they join the district) in the following amounts: A.$150 for the West Glens Falls EMS; B.$8,800 for the Schermerhorn housing complex; C.$5946.60 for commercial development along the Connector Road; and D.$1,760 for the Laconia Realty Parcel. The current operation and maintenance use fee in the district is $3.50 per 1,000 gallons of metered water usage. The property within the Extension will be taxed and/or assessed user fees for the operation and maintenance charges required for the entire district. All user fees and taxes will be based upon the same formulas as are presently used in the Queensbury Technical Park Sewer District. 6. The capital cost of the project will be totally financed and paid for by the property owners and/or grant funding and therefore, there will be no financing cost or tax increase in the existing Technical Park Sewer District. The operation and maintenance cost for the properties in the proposed Sewer District Extension are estimated to be: WGF EMS$191.63 A. – 150 gpd x (365 days/year/1000) x $3.50 = Schermerhorn housing complex$11,242 B. – 8,800 gpd x (365 days/year/1000) x $3.50 = Commercial development (3 parcels) C. – 5,946.6 gpd x (365 days/year/1000) x $3.50 = $7,596.78 Laconia Realty$2,248.40 D. – 1,760 gpd x (365 days/year/1000) x $3.50 = 4 There are no residential properties in Extension No. 6. Therefore, typical costs for residential properties of varying assessments are not required. 7. All future expenses of the Queensbury Technical Park Sewer District, including all extensions included heretofore or hereafter established shall be a charge against the entire area of the district as extended. 8. The Map, Plan and Report describing the improvements and area involved and a detailed explanation of the fees and costs is on file with the Queensbury Town Clerk and is available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities Center, th 742 Bay Road, Queensbury at 7:00 p.m., on Monday, April 16, 2007 to consider the Sewer District Extension and to hear all persons interested in the proposal and to take such other and further action as may be required or authorized by law. 10. 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 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. Pursuant to Town Law section 209-f, the permission of the State Comptroller is not required. 11. The Town Board hereby authorizes and directs the Town of Queensbury Executive Director of Community Development to advise the Town Board of any environmental impacts at the time a SEQRA review is conducted. 12. The Town Board hereby declares that this action is an unlisted action pursuant to 6 5 NYCRR 617 et. seq., and declares itself the Lead Agency. The Town Board further authorizes and directs the Executive Director of Community Development to send a copy of this Resolution, Part I of the Environmental Assessment Form presented at this meeting and a copy of the Map, Plan and Report to all potentially involved agencies and to the New York State Department of Environmental Conservation and New York State Department of Health together with all documentation to be sent out with a letter indicating that the Town Board is about to undertake consideration of the project identified in this Resolution, that a coordinated SEQRA review with the Queensbury Town Board as Lead Agency is desired and that a Lead Agency must be agreed upon within 30 days. nd Duly adopted this 2 day of April, 2007, by the following vote: AYES : Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 6