480.2001
RESOLUTION APPROVING CREATION OF SOUTH QUEENSBURY –
QUEENSBURY AVENUE SEWER DISTRICT
RESOLUTION NO.: 480, 2001
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. James Martin
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 (the Town) 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, and
WHEREAS, under the IMA, the other three municipalities will be contractually bound to
make certain payments to the Town to pay for their share of 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 dated July, 2000 and revised September, 2000,
together with Addendum No. 1 and Addendum No. 2, (the original 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 four 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 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 (the “Supplemental Map, Plan and Report”; the original Map, Plan and Report as
supplemented and modified by the Supplemental Map, Plan and Report is hereinafter referred to as the
“Map, Plan and Report”) in May, 2001, 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 Supplemental Map, Plan and 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, the Town sent a copy of such Part I of the Environmental Assessment Form and
a copy of the Map, Plan to all potentially involved agencies and to 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 Queensbury Town Board (Town Board) would consider
the Project identified in this Resolution, that the Town Board desired coordinated SEQRA review with
the Town Board as lead agency and that a lead agency must be agreed upon within 30 days, and
WHEREAS, on August 6, 2001 subsequent to the filing of the Map, Plan and Report with the
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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
WHEREAS, a public hearing on the proposed Sewer District was duly held on August 20,
2001 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 12A, and
WHEREAS, the Town Board previously considered the establishment of the Sewer District in
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accordance with the provisions of the State Environmental Quality Review Act and on August 20,
2001 adopted a Negative Declaration concerning environmental impacts, and
WHEREAS, by Resolution No. 428, 2001, the Town Board authorized an Intermunicipal
Agreement on behalf of itself and the proposed Sewer District, the Town of Kingsbury on behalf of
itself and the proposed Kingsbury Sewer District, Warren County, on behalf of itself and the Warren
County Industrial Park Sewer District and Washington County on behalf of itself and the Washington
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County Sewer District #1 concerning creation of the new Sewer District, the construction of sewer
infrastructure and appurtenances and operation and maintenance of the sewage disposal system,
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 NUMBER PROPERTY OWNER as of 6/2000
109-3-6.1North Country Imports
TAX MAP NUMBER PROPERTY OWNER as of 6/2000
109-5-1Chartrand Property
109-5-2Warren County
109-5-3Warren County
109-5-4 Warren County
109-5-13.21Warren County Properties
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55-2-21.1 Floyd Bennett Memorial Airport [Partial]
109-3-3 Earltown Properties
109-4-7 Earltown Properties
110-1-2.61 Earltown Properties
110.1-2.62 Earltown Properties
110-1-2.64 Earltown Properties
110-1-2.65 Earltown Properties
110-1-2.66 Earltown Properties
110-1-2.67 Earltown Properties
110-1-2.68 Earltown Properties
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.The obtaining of any required approval(s) of the New York State Comptroller’s Office;
4.Permissive referendum in the manner provided in New York State Town Law Article
7; and
5.The adoption of a Final Order by the Queensbury Town Board;
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and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum pursuant to 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 17 day of December, 2001, by the following vote:
AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Martin
NOES : None
ABSENT: None
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