173.2002
RESOLUTION APPROVING CREATION OF SOUTH QUEENSBURY –
QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO. 173, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Town of Queensbury, Town of Kingsbury, Warren County and Washington
County have entered into an Intermunicipal Agreement (the IMA) 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 (the Sewer District), and
WHEREAS, a District Formation Report (Map, Plan and Report) was 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 WCSD#1 to
the GFWWTP along a route following Queensbury Avenue and the Niagara Mohawk Power
corporation 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 original
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 original Map, Plan and Report as they will be included as a part of the entire Project,
but subsequent to the filing of the original 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
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WHEREAS, coordinated SEQRA review will be conducted and the Town, on August 30,
2001, 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 needed to be agreed upon within 30 days and no
potentially involved agency has contested the Town being lead agency and more than 30 days has
passed, and
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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
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WHEREAS, on March 25, 2002 subsequent to the filing of the Map, Plan and Report with
the Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the
boundaries of the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount
proposed to be expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the
cost of the Sewer District to the typical property and the typical one or two family home (if not the
typical property); (e) the proposed method of financing to be employed; (f) the fact that a Map, Plan
and Report describing the improvements is on file in the Town Clerk’s Office; and (g) the time and
place of a public hearing on the proposed Sewer District, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed
with the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how
the estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property
and typical one or two family home (if not the typical property) were computed was filed with the
Town Clerk for public inspection, and
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WHEREAS, a public hearing on the proposed Sewer District was duly held on April 1, 2002
and the Town Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Sewer District as detailed in the
Map, Plan and Report in accordance with Town Law Article 12-A, and
WHEREAS, the estimated annual cost to the typical property is below the average estimated
cost threshold computed and provided by the New York State Comptroller’s Office, so the approval of
the State Comptroller’s Office is not required for establishment of the proposed Sewer District,
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that:
1.Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient;
2.All property and property owners within the Sewer District are thereby benefited;
3.All property and property owners benefited are included within the limits of the Sewer
District;
4.It is in the public interest to establish, authorize, and approve the creation of the South
Queensbury – Queensbury Avenue Sewer District as described in the Map, Plan and Report on file
with the Queensbury Town Clerk with the boundaries and benefited areas of the Sewer District to be
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
TAX MAP NO. OWNER/USE
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
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and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves, authorizes and establishes the South
Queensbury – Queensbury Avenue Sewer District in accordance with the boundaries and descriptions
set forth herein and in the previously described Map, Plan and Report and construction of the
improvements may proceed and service provided subject to the following:
1.The obtaining of any necessary permits or approvals from the New York State
Department of Health;
2.The obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation;
3.Permissive referendum in the manner provided in New York State Town Law Article
7; and
4.The adoption of a Final Order by the Queensbury Town Board;
and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum in accordance with the
provisions of New York State Town Law Articles 7 and 12-A and shall not take effect until such time as
provided therein and the Town Board authorizes and directs the Queensbury Town Clerk to file, post and
publish such notice of this Resolution as may be required by law and to cause to be prepared and have
available for distribution proper forms for the petition and shall distribute a supply to any person
requesting such petition and if no such petition is filed within 30 days to file a certificate to that effect in
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the Office of the County Clerk and with the State Department of Audit and Control.
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Duly adopted this 1 day of April, 2002, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
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