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316.2001 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on August 6th, 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. 316, 2001 INTRODUCED BY: Mr. Tim Brewer 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 are entering into an Intermunicipal Agreement to jointly construct sewer facilities connecting the existing Washington County Sewer District #1 (WCSD#1) 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 wishes to create a new sewer district to be known as the South Queensbury-Queensbury Avenue Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) has been 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#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 (the "Project"), 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, the sewer district improvements in the Town of Kingsbury were discussed generally in the Map, Plan and Report as they will be included as a part of the entire Project, but subsequent to the filing of the Map, Plan and Report the Town of Kingsbury decided to create its own district to undertake such improvements, and WHEREAS, Jarrett-Martin, LLP filed a district formation report for the Kingsbury Sewer District (Kingsbury District Formation Report) in May, 2001, and 2 WHEREAS, the Kingsbury District Formation Report included a revised Part I of a Full Environmental Assessment Form (EAF) which considered both the South Queensbury-Queensbury Avenue Sewer District improvements and the Kingsbury Sewer District improvements, and WHEREAS, coordinated SEQRA review will be conducted and the Town has sent a copy of Part I of the EAF, the Map, Plan and Report and the Kingsbury District Formation Report to all potentially involved agencies including the New York State Department of Environmental Conservation and New York State Department of Health together with all required documentation and a letter indicating that the Town Board will be undertaking consideration of the project identified in this Order, that 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, and WHEREAS, the Town Board wishes to establish the proposed South Queensbury-Queensbury Avenue Sewer District in accordance with Town Law Article 12-A, NOW, THEREFORE, IT IS ORDERED: 1. The boundaries of the proposed South Queensbury – Queensbury Avenue Sewer District are shown on the Project Location Map attached as Exhibit A to this Order. The benefited properties proposed to be a part of the Sewer District are as follows: TAX MAP NUMBER PROPERTY OWNER as of 6/2000 109-3-6.1North Country Imports 109-5-1Chartrand Property 3 109-5-2Warren County 109-5-3 109-5-4 109-5-13.21Warren County Properties 55-2-21.1 Floyd Bennett Memorial Airport [Partial] 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 2. Four separate sewer districts, including the existing Warren County Sewer District #1 and Washington County Sewer District #1 and the proposed 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 right-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 more fully described in the Map, Plan and Report and a list of the components of these improvements is included as Exhibit B to this Order. 4 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 will be approximately $2,204,035 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility which is estimated to be $1.25 per gallon of average daily flow, which in this case will equal $31,250. However, as described in paragraph 7 below, existing and new District users will be responsible for only approximately $903,195. The improvement costs for various components of the proposed Sewer District are specifically described in the Map, Plan and Report. 5. Nearly all of the properties within the Sewer District are zoned for industrial or commercial use but are vacant at this time. As water usage by industrial and commercial users varies widely depending upon their specific activities, it is virtually impossible to calculate an estimated annual cost of the District to a "typical" industrial or commercial property, which is the typical Sewer District property. However, it is anticipated that the annual cost of the District to the typical property would not exceed the estimated cost of the Project to the typical user in the Washington County Sewer District #1, which is approximately $1,573.20 based on average water and sewer usage by existing non-residential users in that District. That amount includes a benefit tax of $1,116 and an operation and maintenance user fee of $457.20.The estimated annual cost of the District for debt service and operation and maintenance costs to a typical one or two family home would be approximately $351.86. There would be no actual hook-up fees. The cost to retain a private contractor to install a new collection sewer system and/or sewer 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. 5 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. 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 $300,000; c. $325,000 purchase of future capacity in the sewer district; d. $76,500 total reimbursement and donation of right-of way from NIMO; and e. issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on behalf of the Sewer District in the amount of $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 establishment of the Sewer District and consider the Map, Plan and Report and take such other and th further action as may be required or authorized by law, at 7:00 p.m. on Monday, August 20, 2001 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 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. 6 10. 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 6 day of August, 2001 by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES : None ABSENT: Mr. Martin I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution No.316.2001 ENTITLED– ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED CREATION OF SOUTH QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT passed by the Queensbury Town Board on August 6th, 2001 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, the 7th day of August, 2001. SEAL SIGNED:__________________________ Darleen M. Dougher Town Clerk Queensbury DATE: August 10, 2001 DARLEEN M. DOUGHER TOWN CLERK-TOWN OF QUEENSBURY 7