312.2002
ORDER APPROVING PROPOSED INCREASE IN MAXIMUM AMOUNT TO
BE EXPENDED ON SOUTH QUEENSBURY –
QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO. 312, 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 has created the sewer district known as the South
Queensbury-Queensbury Avenue Sewer District (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 included 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 (Project), and
WHEREAS, the Map, Plan and Report was 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 Sewer District, a
general plan of the sewer system, a report of the sewer system and method of operation, and
WHEREAS, the South Queensbury – Queensbury Avenue Sewer District was duly and
properly formed, and
WHEREAS, the estimated annual cost to the “typical property” was filed with the Town Clerk
and as part of the Map, Plan and Report, and
WHEREAS, the Town has received bids for this Project and all of the bids were in excess of
the maximum estimated cost of the Project set forth in the Map, Plan and Report, and
WHEREAS, the Town still feels that this is an important Project, and
WHEREAS, the costs to the typical user still do not exceed the State Comptroller’s Office
threshold for the average estimated cost of a sewer district to a typical user, 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 increase in the maximum amount to be
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expended for the Sewer District improvements was duly held on August 5, 2002 and the Town Board
has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to increase the maximum amount to be expended for the
South Queensbury – Queensbury Avenue Sewer District in accordance with Town Law Article 12-A,
and
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 authorize the increase of the maximum amount to be
expended for Sewer District improvements;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby also determines that the boundaries of the South
Queensbury – Queensbury Avenue Sewer District are shown on the Project Location Map included
with the Map, Plan and Report on file with the Town Clerk’s Office. The benefited properties
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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
303.10-1-9 Top of the World Auto Body
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and authorizes the following actions:
1.The maximum amount to be expended for the Sewer District improvements is
increased from $2,204,035 to approximately $2,596,328 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. The amount for which existing and new District users will be
responsible for is increased from $903,195 to approximately $1,367,591. The improvement costs for
various components of the Sewer District are detailed in the bid information on file with the Town
Clerk’s Office.
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2.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 §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 is increased from $340 to $372. 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 is increased from $170 to
approximately $186. There will 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.
3.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.
The bid information leading to the increase in the maximum amount is also on file and available
for inspection.
4.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 $302,000;
C.$325,000 purchase of future capacity in the sewer district; and
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D.issuance of Bonds and/or Bond Anticipation Notes by the Town of Queensbury on
behalf of the Sewer District in the amount of $1,367,591, increased from $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.
and
BE IT FURTHER,
RESOLVED, that such action listed above 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
the Office of the County Clerk and with the State Department of Audit and Control.
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Duly adopted this 5 day of August, 2002, by the following vote:
AYES : Mr. Brower, Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer
NOES : None
ABSENT: None
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