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348.2001 NOTICE OF ADOPTION th At a Regular Meeting of the Town Board of the Town of Queensbury held on September, 10, 2001 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 ROUTE 9 SEWER DISTRICT RESOLUTION NO. 348, 2001 INTRODUCED BY: Mr. Daniel Stec WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury wishes to create a new sewer district to be known as the Route 9 Sewer District, and WHEREAS, a District Formation Report (Map, Plan and Report) has been prepared by C. T. Male Associates, P.C., professional engineers, concerning the proposed sewer district formation and the construction of sewer facilities along both sides of Route 9 from Weeks Road up to State Route 149, such area including The Great Escape Theme Park, its proposed hotel and conference center, as well as the Warren County Municipal Center, the Factory Outlet Stores and all other properties bordering Route 9, as more specifically set forth and described in the 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, coordinated SEQRA review will be conducted and the Town will send a copy of Part I of the EAF and the 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 Route 9 Sewer District in accordance with Town Law Article 12-A NOW, THEREFORE, IT IS ORDERED: 1.The boundaries of the proposed Route 9 Sewer District are shown on the Map of Proposed Sewer District attached as Appendix B to the Map, Plan and Report attached to this Order. The benefited properties proposed to be a part of the Sewer District are as detailed on Exhibit A of this Order, which Exhibit A shall be incorporated in this Order. 2.The proposed improvements will connect the new sanitary sewage system to be constructed along Route 9 to the City of Glens Falls Wastewater Treatment Plant by constructing gravity collection sewers, a set of pump stations, pressurized force main sewers and a gravity sewer to transport the flow to the Quaker Road Sewer District and Meadowbrook Pump Station. The wastewater will then be pumped from the Meadowbrook Pump Station to the City of Glens Falls for treatment. These improvements are more fully described in the Report and a list of the components of these improvements is included as Exhibit B to this Order. 3. All proposed improvements shall be installed and paid for as described in the 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 2 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 $5,170,000 including a one time buy-in fee to the City of Glens Falls wastewater treatment facility and for the Quaker Road Sewer District a total estimated buy-in of $300,000. The improvement costs for various components of the proposed Sewer District are specifically described in the Map, Plan and Report. 5.The properties within the proposed Sewer District vary widely in their respected use. The estimated cost to each property is listed in Appendix D to the Map, Plan and Report and a list of each property owner and tax map number with the estimated costs of each parcel is attached as Exhibit B of this Resolution and is incorporated in this Resolution. The proposed Sewer District will charge properties based on a formula, not on assessed value. There is no “typical” property in this extremely varied district, but the cost to the typical property would exceed the average costs to a Sewer District calculated by the State Comptroller’s Office so the Town will have to apply for permission of the State Comptroller’s Office to establish this District. The estimated annual cost of the Project to the typical one or two family home in the proposed Sewer District will be $357.78. There will be only a $10 permit fee by the Town for hook-up to the proposed Sewer District. Each property owner will arrange for his/her hook-up to the System at his/her own cost. There will be no additional charge to the Town. 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. 3 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 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 is to finance the estimated project cost of $5,170,000 over 30 years using Environmental Facilities Corporation (EFC) financing, resulting in an estimated annual cost of approximately $299,000. If EFC financing cannot be arranged then the Town will issue its own municipal bonds or bond anticipation notes for this project. 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, consider the Map, Plan and Report and take such other and further st action as may be required or authorized by law at 7:00 p.m. on Monday, October 1, 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, complete or arrange for the securing of the required two (2) Affidavits of Publication of Notice and two (2) Affidavits of Posting of Notice of the Public Hearing and file a certified copy of this Order with the State Comptroller on or about the date of publication. 10.The Town Board further authorizes and directs the Community Development Department to prepare a report on any environmental impacts that should be considered at the time a SEQRA review is conducted. th Duly adopted this 10 day of September, 2001 by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower 4 NOES : None ABSENT:Mr. Martin, Mr. Turner I, KAREN A. O’BRIEN, 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 adopted at a Regular meeting of the Town Board of the Town of Queensbury held th on the 10,day of September 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, this 24th day of March, 2003. SEAL SIGNED: _______________________________________ Karen A. O’Brien Deputy Town Clerk-Queensbury 5