224.2002
RESOLUTION AND FINAL ORDER APPROVING CREATION OF SOUTH
QUEENSBURY-QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO. 224, 2002
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 173,2002, the Queensbury Town Board approved creation of
the South Queensbury - Queensbury Avenue Sewer District in accordance with Town Law Article 12-
A and subject to permissive referendum, 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
WHEREAS, by Resolution No.: 330,2001, the Town Board considered the establishment of
the District in accordance with the provisions of the State Environmental Quality Review Act and
adopted a Negative Declaration concerning environmental impacts and by Resolution No.: 172,2002,
the Town Board reaffirmed Town Board Resolution No.: 330,2001 in its entirety, 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
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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
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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 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 was not required for establishment of the proposed Sewer District,
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with
Subdivision 4, Town Law Section 209-e establishes that no petition was filed requesting a referendum,
and
WHEREAS, the Town wishes to adopt a Final Order creating the District,
NOW, THEREFORE, IT IS
ORDERED, that it is the determination of the Queensbury Town Board that:
1.The Notice of 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 creation of the South Queensbury –
Queensbury Avenue Sewer District as it has been described in the Map, Plan and Report on file
with the Town Clerk and as more specifically described in this Resolution;
3.The District benefits all property and property owners within the District;
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4.All benefited property and property owners are included within the limits of the District; and
IT IS FURTHER,
ORDERED, that:
1.The South Queensbury - Queensbury Avenue Sewer District be and the same is hereby authorized,
approved and established in accordance with the boundaries and descriptions set forth herein and in
the 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 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
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3. 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. 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.
5. 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.
6. 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"
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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
.
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.
7. 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.
8. 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.
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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.
9.Expenses incurred 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 Central Queensbury Quaker Road 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 is available for public inspection; and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this
Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution
and Order to the State Department of Audit & Control at Albany, New York, the Town of
Queensbury Assessor's Office, Community Development Department and Wastewater Department,
within 10 days of the date of adoption of this Order.
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Duly adopted this 6 day of May, 2002, by the following vote:
AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES : None
ABSENT: None
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