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286.2001 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on July 9th, 2001, at 7:00 P.M. at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was passed: ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF SOUTH QUEENSBURY – QUEENSBURY AVENUE SEWER DISTRICT RESOLUTION NO.: 286, 2001 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a Map, Plan and Report has been prepared by Jarrett-Martin, LLP, professional engineers, concerning the proposed sewer district formation to connect the existing Washington County Sewer District #1 (WCSD#1) 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 would also include 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 (Map, Plan and Report), and WHEREAS, the Map, Plan and Report 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, a general plan of the proposed sewer system, a report of the proposed sewer system and method of operation, and WHEREAS, Jarrett-Martin, LLP filed a district formation report for the Kingsbury Sewer District on May, 2001, and WHEREAS, the Kingsbury Sewer District improvements had been discussed generally in the Map, Plan and Report since it is part of the entire project, but subsequently to the filing of the Map, Plan and Report, the Town of Kingsbury decided to create its own district for such improvements, and WHEREAS, the Town Board wishes to establish the proposed sewer district in accordance with Town Law Article 12A, and WHEREAS, the Kingsbury District Formation Report included the revised Part I of a Full Environmental Assessment Form which was prepared and is presented at this meeting and a coordinated SEQRA review is desired, and WHEREAS, the Town sent a copy of such Part I of the Environmental Assessment Form and a copy of the Map, Plan and Report and the Kingsbury District Formation 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 required to be sent along with a letter indicating that the Town Board will be undertaking 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, NOW, THEREFORE, IT IS ORDERED: 2 1. The Town Board shall hold a public hearing and consider establishing the proposed South Queensbury – Queensbury Avenue Sewer District previously described in this Resolution. 2.The benefited areas proposed to be a part of the proposed Sewer District are as follows: TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-6.1North Country Imports 109-5-1Chartrand Property 109-5-2Warren County 109-5-3 109-5-4 137-1-49Chartrand Property 137-1-50Washington County 137-1-51 109-5-13.21Warren County Properties 55-2-21.1 (218 acres) Floyd Bennett Memorial Airport 137-2-1 Proposed Warren/Washington Counties 137-2-1.1 (Airport) Industrial Park Phase II 109-3-3 Earltown Properties 109-4-7 110-1-2.61 110.1-2.62 110-1-2.64 110-1-2.65 110-1-2.66 110-1-2.67 110-1-2.68 3. The proposed improvements shall be installed as specifically delineated in the Map, Plan and Report prepared by Jarrett-Martin, LLP. 4. All proposed construction shall be installed and paid as depicted in the Map, Plan and 3 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. 5. The maximum amount proposed to be expended for these improvements will be approximately $1,601,411 including a one time buy-in fee estimated to be $1.25 per gallon of average daily flow, which in this case would be $31,250. The improvement costs for the proposed extension are specifically delineated in the Map, Plan and Report. 6. The estimated cost of hook-up fees to the typical property, annual cost of the extension to the properties and sewer rents are depicted in the Map, Plan and Report. 7. In accordance with Town Law §206-a, all future expenses of the South Queensbury- Queensbury Avenue 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 how the hook-up fees and the cost of the District to the typical property, and, if different, the typical one or two family home was computed are on file with the Town Clerk of the Town of Queensbury and available for public inspection. 9. The Town Board shall meet and hold a public hearing at the Queensbury Activities th Center, 742 Bay Road, Queensbury at 7:00 p.m., on Monday, August 6, 2001 to consider the Map, Plan and Report 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 4 (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. 11. The Town of Queensbury Community Development Department is hereby requested to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. th Duly adopted this 9 day of July, 2001 by the following vote: AYES : Mr. Martin, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None I, Caroline H. Barber, Deputy Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above th adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 9 day of July, 2001 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, th this 20 day of July, 2001. SEAL SIGNED:____________________________ Caroline H. Barber Deputy Town Clerk Town of Queensbury th DATE OF PUBLICATION: July 26, 2001 5