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1994-05-13 SPECIAL TOWN BOARD MEETING MAY 13,1994 4:30 P.M. MTG.#26 RES. 240-242 TOWN BOARD MEMBERS PRESENT Supervisor Fred Champagne Councilman Betty Monahan Councilman R. George Wiswall Councilman Nick Caimano TOWN BOARD MEMBERS ABSENT Councilman Carol Pulver Attorney Paul Dusek Supervisor Champagne-Opened the Meeting Attorney Paul Dusek-As the Board will recall about a month ago I started to get on the agenda a resolution and final order approving the extension of the Queensbury Technical Park Sewer District which is for the purposes of servicing K - Mart down here at the end of the road. During 1993 the Town Board had taken most of the action necessary to establish a sewer district but the final order was never adopted on my advice because of the fact that we had a contract obligation on the part ofK-Mart's people to supply the Town with $117,000 worth of funds before we went ahead, plus they had to pay $8,500 to the City for extra capacity. I have received both of those checks and I gave them to E.J. for deposit the $8,500 will be used to pay the City of course and the $117,000 will be placed in escrow and as the project goes along for the sewer the developer has a right to draw that back down each month in accordance with the agreement that we have and a small balance will be kept to the very end to make sure everything is going all right with the project. The first matter before the Board then would be this resolution which would set up the sewer district and authorize it and once you authorize it K-Mart then becomes included in the Technical Park and it is also consolidated at the same time, that is what this resolution does. RESOLUTION AND FINAL ORDER APPROVING EXTENSION OF THE QUEENSBURY TECHNICAL PARK SEWER DISTRICT TO BE KNOWN AS THE QUEENSBURY TECHNICAL PARK SEWER EXTENSION NO.1 RESOLUTION NO. 240. 94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury is desirous of establishing an extension to the existing Queensbury Technical Park Sewer District, to be known as the Queensbury Technical Park Sewer Extension No.1, and WHEREAS, a Map, Plan and Report has been prepared regarding the said proposed extension to the existing Queensbury Technical Park Sewer District, such extension to service an area of land in the amount of 28+\- acres, such area consisting of those parcels or lots being identified as having tax map numbers 110.00-1-2.1 and 110.00-1-22, with the boundaries of the proposed extension being more fully set forth herein and in the Map, Plan and Report, and WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town of Queensbury and is available for public inspection, and WHEREAS, the Map, Plan and Report was prepared by James J. Connors, P.E., of C.T. Male Associates, P.C., and stamped as prepared by an engineer licensed by the State of New York, and WHEREAS, said Map, Plan and Report shows the boundaries of the proposed extension to the Queensbury Technical Park Sewer District and a general plan of the proposed sewer system showing proposed installation of a duplex submersible grinder pump station, 195 If of 2-inch PVC SDR 26 force main, 1,410 If of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 If of 6-inch PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing manhole, and with it also being set forth further that the sewage disposal plant is proposed to be the City of Glens Falls Sewage Disposal Plant, and that transmission mains of the Queensbury Technical Park Sewer District shall also be used to transport the sewage from the said extension to the City Plant, and WHEREAS, the Town Board of the Town of Queensbury desires to establish the said proposed sewer extension pursuant to Town Law, Article 12A, and consolidate the same with the Queensbury Technical Park Sewer District pursuant to Town Law, §206A, and WHEREAS, the said Town Board has considered the establishment of said extension in accordance with the provisions of the State Environmental Quality Review Act and has adopted a negative declaration concerning environmental impacts, and WHEREAS, the said Town Board has also adopted a Resolution approving the extension of the District, subject to a permissive referendum, and WHEREAS, the Certificate of the Town Clerk required to be filed pursuant to Subdivision 4, Town § 209(e) establishes that no petition was filed requesting a referendum, and WHEREAS, the Town is desirous of adopting a final order extending the Queensbury Technical Park Sewer District, NOW, THEREFORE, IT IS RESOLVED, that it is the determination of the Town Board of the Town of Queensbury, that: 1. notice of said public hearing was published and posted as required by law and is otherwise sufficient; 2. it is in the public interest to establish, authorize, and approve the Queensbury Technical Park Sewer Extension No.1, as the same has been described in the map, plan and report on file with the Town Clerk of the Town of Queensbury and as more specifically described herein; 3. all property and property owners within said extension are benefitted thereby; 4. all property and property owners benefitted are included within the limits of said extension; 5. pursuant to §206a of the Town Law of the State of New York, it is in the public interest to assess all expenses of the district, including all extensions heretofore or hereafter established as a charge against the entire area of the district as extended and it is in the public interest to extend the district only if all expenses of the district shall be assessed against the entire district as extended, and IT IS FURTHER, ORDERED, that: 1. The Queensbury Technical Park Sewer Extension NO.1 be and the same is hereby authorized, approved and established in accordance with the boundaries and descriptions set forth herein and in the previously described map, plan and report, and construction of the improvement may proceed and service provided and subject to the following; a. the obtaining of any necessary permits or approvals from the New York State Department of Health; b. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation; 2. The boundaries of the Queensbury Technical Park Sewer Extension NO.1 to the existing Queensbury Technical Park Sewer District are as follows: All that certain tract, piece or parcel of land situate in the Town of Queensbury, Warren County, New York, lying generally Southwesterly ofDix Avenue (County Route No. 42) and generally Westerly of Quaker Road (New York State Route No. 254) being more particularly bounded and described as follows: BEGINNING at the point of intersection of the Southwesterly margin ofDix Avenue with the Westerly highway boundary of Quaker Road and thence from said point of beginning along said Westerly highway boundary of Quaker Road the following two (2) courses: 1) South 27 deg. 53 min. 29 sec. East 514.04 feet to a point; and 2) South 25 deg. 14 min. 04 sec. East 413.70 feet to its point of intersection with the Northwesterly margin of Highland Avenue New York State Route No. 32; thence along said Northwesterly road margin the following two (2) courses: 1) South 59 deg. 06 min. 33 sec. West 242.69 feet to a point; and 2) South 53 deg. 45 min. 30 sec. West 84.08 feet to its point of intersection with the division line between the lands of said Claude C. Charlebois as described in Book 729 of Deeds at Page 221 on the Northeast and lands now or formerly of the Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 157 of Deeds at Page 556 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 866.30 feet to its point of intersection with the division line between the lands of said Charlebois on the East and other lands of Niagara Mohawk Power Corporation, formerly lands of the Adirondack Power and Light Corporation, as described in Book 155 of Deeds at Page 320 on the West; thence along the last mentioned division line North 07 deg. 58 min. 00 sec. East 72.72 feet to its point of intersection with the division line between the lands of said Charlebois on the Northeast and lands of said Niagara Mohawk Power Corporation formerly lands of the Adirondack Power and Light Corporation as described in Book 155 of Deeds at Page 320 on the Southwest; thence North 65 deg. 13 min. 10 sec. West along the last mentioned division line 664.11 feet to its point of intersection with the division line between the lands of said Charlebois on the East and lands now or formerly of the Town of Queensbury as described in Book 756 of Deeds at Page 152 on the West; thence North 08 deg. 04 min. 10 sec. East along the last mentioned division line 822.41 feet to its point of intersection with the Southwesterly margin ofDix Avenue; thence along said Southwesterly margin the following three (3) courses: 1) South 64 deg. 37 min. 10 sec. East 673.53 feet to a point; thence 2) South 65 deg. 12 min. 23 sec. East 131.89 feet; and 3) South 65 deg. 37 min. 30 sec. East 59.35 feet to its point of intersection with the division line between lands of said Charlebois on the Northwest and lands now or formerly of Willston Realty Company as described in Book 400 of Deeds at Page 456 and Book 469 of Deeds at Page 504 on the Southeast; thence South 24 deg. 37 min. 20 sec. West along the last mentioned division line 200.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southwest and lands of said Willston Realty Company on the Northeast; thence South 65 deg. 22 min. 40 sec. East along the last mentioned division line 275.00 feet to its point of intersection with the division line between the lands of said Charlebois on the Southeast and lands of said Willston Realty Company on the Northwest; thence North 24 deg. 37 min. 20 sec. East along the last mentioned division line 200.00 feet to its point of intersection with the Southwesterly margin ofDix Avenue; thence along said Southwesterly road margin South 65 deg. 21 min. 45 sec. East 99.95 feet to the point or place of beginning, containing 27.934 +/- acres ofland. 3. The improvements shall consist of the purchase and installation of a duplex submersible grinder pump station, 195 If of 2-inch PVC SDR 26 force main, 1,410 If of 8-inch PVC SDR 35 gravity sewer, 8 precast concrete manholes, 515 or 545 If of 6-inch PVC SDR 35 lateral pipe, and a Kor-N-Seal connection to an existing manhole, as more specifically set forth in the aforedescribed Map, Plan and Report prepared by C. T. Male Associates, P. e. and the cost shall also include a payment of the appropriate charge due the City of Glens Falls at the time of the initial hook-up; 4. All proposed construction shall be installed and paid for by the developer (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 to be expended for said improvement will not be greater than $130,000.00, said improvement cost to be paid by the developer and at no cost to the Town of Queensbury or the Queensbury Technical Park Sewer District, for the proposed extension. The areas or properties a part of the extension, however, will be subject to the same cost for operation, maintenance and capital improvements as in the Queensbury Technical Park Sewer District; 6. The method of apportioning costs is such that the Developer and/or Owner of the property which the extension will service, will pay the cost for engineering, installation of the sewer pipe, and necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of its sewage treatment plant. The extension will thereafter be consolidated with the Queensbury Technical Park Sewer District and properties therein will be assessed taxes and/or pay user fees in the same manner and in the same amounts as similar properties are assessed or billed in the Queensbury Technical Park Sewer District; 7. There will be no financing of the construction or installation cost for the proposed sewer extension and no amount shall be paid therefor by the extension, the Town of Queensbury or the Queensbury Technical Park Sewer District, the developer being responsible for the same, as well as the charge payable to the City at the time of the initial connection of the sewer district; 8. In accordance with Town Law, Section 206A, all 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; 9. Expenses occasioned after the creation of the extension shall be assessed, levied, and/or collected from the several lots and parcels of land within the extension on the same basis as the assessments, levies, and/or collections are made in the Queensbury Technical Park Sewer District and such assessments shall be made on a benefit basis and/or user charge basis; 10. The Map, Plan and Report describing the improvements and area involved is on file with the Town Clerk of the Town of Queensbury and available for public inspection; and BE IT FURTHER, RESOLVED, that the Town Clerk shall cause a certified copy of this Resolution and Order extending the Queensbury Technical Park Sewer District and consolidating the said extension with the said District, to be duly recorded in the Office of the Clerk of the County of Warren, and cause a certified copy of this Resolution to be sent to the State Department of Audit & Control at Albany, New York, the Town of Queensbury Assessor's Office, Zoning Office and Wastewater Department within 10 days of the date of adoption of this Order. Duly adopted this 16th day of May, 1994, by the following vote: AYES Mrs. Monahan, Dr. Wiswall, Mr. Caimano, Mr. Champagne NOES None ABSENT : Mrs. Pulver Attorney Dusek-The second part of this was the agreement between the Town of Queensbury and the City of Glens Falls and this is because when you have your original sewer district has only a limited about of capacity that we can send to the City. This agreement provides for the additional capacity needed by the K- Mart Expansion and the additional capacity comes out to be a cost of $8,500 that we owe the City in accordance with this agreement. That is a capital contribution charge as I indicated earlier we have also received that check from the Queensbury Limited Retail Partnership group. Councilman Caimano-How much is the additional capacity? Mr. Mike Shaw Director of Wastewater-Eighty five hundred gallons. Councilman Caimano-Does it have any effect at all on what we are doing on the Hiland Sewer? Attorney Dusek-No. This is a totally separate district and it has a totally separate piping system into the City. Mr. Mike Shaw Director of Wastewater-Does that also include the total for the whole district or just the additional? Attorney Dusek-This is only the additional amount being used by K-Mart project, the Town previously entered into an agreement with the City to furnish sewer service to the actual Technical Park so this is, we had that original agreement with the City and we cannot just simply add a section, a new section on without going back to the City and saying we need additional capacity because if we did not do that we would then be cutting into the capacity that we originally reserved for the Park. We do not want to do that so rather we bought additional capacity the developer paid for it so that he is served, the Town is not out or harmed by using its capacity. Mr. Mike Shaw Director of Wastewater-So that agreement reads in addition to ... Attorney Dusek-That is right. Mr. Mike Shaw-Director of Wastewater-Questioned if it had both numbers down there, total capacity...! think the original capacity was 20,000. Attorney Dusek-The agreement says that the previous agreement is hereby modified to provide an additional 8,500 gallons per day for the Queensbury Technical Park Sewer Extension therefor the entire sewer treatment capacity now provided by the Board will be 28,500, this is based on the engineering reports that tells us that 8,500 is what we needed. RESOLUTION AUTHORIZING SEWER AGREEMENT RESOLUTION NO.: 241.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Fred Champagne WHEREAS, the Town Board of the Town of Queensbury has undertaken and will continue to undertake, certain procedures allowed under the Town Law of the State of New York to establish an extension to the Queensbury Technical Park Sewer District, and WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for sewage treatment for sewage from the aforesaid district extension, and WHEREAS, there currently exists an agreement between the Town of Queensbury and the City of Glens Falls Board of Water and Sewer Commissioners for provision of sewage treatment for the Queensbury Technical Park Sewer District and a copy of an agreement amending that agreement and providing sewage treatment for the aforesaid extension has been presented at this meeting, and WHEREAS, one requirement of the aforesaid agreement is that the Town pay $8,500.00 for the additional sewage capacity, and WHEREAS, the Town Board of the Town of Queensbury recognizes that Queensbury Retail Limited Partnership is required, pursuant to the terms of a separate agreement, to pay the sum of $8,500.00 for the additional sewage capacity, and it is acknowledged that a check payable to the Town in that amount has been received, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves the agreement presented at this meeting and described in the preambles of this resolution, and hereby authorizes the Town Supervisor of the Town of Queensbury to execute the same on behalf of the Town and take such other and further steps as may be necessary to implement the agreement. Duly adopted this 16th day of May, 1994, by the following vote: AYES Dr. Wiswall, Mrs. Monahan, Mr. Caimano, Mr. Champagne NOES None ABSENT: Mrs. Pulver RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 242.94 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Dr. Charles Eisenhart RESOLVED, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss matters leading to the appointment of a particular person in a project being undertaken by the Town. Duly adopted this 13th day of May, 1994 by the following vote: AYES: Mr. Caimano, Mrs. Monahan, Dr. Wiswall, Mr. Champagne NOES: None ABSENT: Mrs. Pulver Reporter for Glens Falls Post Star-Questioned what the project was? Attorney Dusek-The project is the equalization rate study being undertaken by the Town. No action taken. Meeting adjourned at 4:52 P.M. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury