161.2002
ORDER SETTING PUBLIC HEARING CONCERNING PROPOSED
CREATION OF SOUTH QUEENSBURY –
QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO.: 161, 2002
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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 have entered 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
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 estimated annual cost to the “typical property” has been filed with the Town
Clerk and is made a part of the Map, Plan and Report, and
2
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 NO. OWNER/USE
303.10-1-12North Country Imports (automobile dealership)
297.16-1-1Airron Industrial
297.16-1-2Airron Industrial
297.20-1-2Airron Industrial
297.20-1-3Airron Industrial
303.12-1-9Warren County
303.10-1-8Forest Enterprises
303.11-1-4Forest Enterprises
303.15-1-25Forest Enterprises
303.15-1-18 Garden World Assoc.
303.15-1-20 Forest Enterprises
303.15-1-21 Forest Enterprises
303.15-1-22 Forest Enterprises
303.15-1-23 Glens Falls National Bank & Trust Company
303.15-1-24 Forest Enterprises
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
3
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.
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 $.50 per gallon of average daily flow, which in this case will
equal $12,500. 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. Under Town Law Section 209-a(2), "Typical Property"
is defined as a benefited property having an assessed value that approximates the assessed value of
the mode of the benefited properties situated in the district or extension that will be required to
finance the cost of the proposed improvements. Using this definition, the assessed value of the
"Typical Property" is $50,000 and the total estimated annual cost of the District to the "Typical
Property" during the first year following formation would be $340. The estimated annual cost of
the District for debt service and operation and maintenance costs to a typical one or two family
4
home during the first year following formation would be approximately $170. 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.
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
st
further action as may be required or authorized by law, at 7:00 p.m. on Monday, April 1, 2002 at the
Queensbury Activities Center, 742 Bay Road, Queensbury, New York.
5
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.
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 18 day of March, 2002 by the following vote:
AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES : None
ABSENT: None
6