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318.2000 RESOLUTION ENDORSING QUEENSBURY AVENUE SEWER DISTRICT EXTENSION PROJECT AND INDICATING INTENT TO CONTRIBUTE FUNDS AND ENTER INTO INTERMUNICIPAL AGREEMENT RESOLUTION NO.: 318. 2000 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. James Martin WHEREAS, Washington County Sewer District #1 (the "District") has entered into an Order on Consent ( the "Consent Order") with the State of New York Department of Environmental Conservation providing for action to be taken in response to the District's alleged violation of the State Pollutant Discharge Elimination System ("SPDES") permit effluent limits for a wastewater treatment plant ("WWTP") operated by the District, and WHEREAS, the District provides wastewater disposal services to several properties, including the Warren-Washington Counties Industrial Park (the "Industrial Park") which is partially owned by the Warren-Washington Counties Industrial Development Agency (the "WWCIDA") and includes property in the Town of Kingsbury, Washington County and the Town of Queensbury, Warren County, and , WHEREAS Robert A. Regan, Mayor of the City of Glens Falls (the “City”) has indicated that the City’s WWTP has excess capacity and has offered to sell this excess capacity to Queensbury at a buy-in cost of $1.25 per gallon for 25,000 gallons and an operation and maintenance fee of $2.00 per 1,000 gallons of metered usage, and WHEREAS, it has been determined that it is not feasible to upgrade the District's WWTP to remedy the problems addressed in the Consent Order but that it would be preferable to abandon the WWTP, purchase a portion of the City’s excess WWTP capacity and connect the District's wastewater collection system to the City’s WWTP by constructing a gravity sewer line along Queensbury Avenue connected to a pump station opposite the Floyd Bennett Memorial Airport which would lift wastewater through a force main to a gravity sewer manhole in Dix Avenue (the "Project"), and , WHEREASthe Town of Queensbury plans to form a new sewer districtin connection with the Project, and WHEREAS, the availability of expanded municipal wastewater disposal service in this area can be expected to facilitate economic development of the area, including the Industrial Park, the Airport, property owned by Warren County and individually owned parcels along the route of the proposed sewage disposal system, and WHEREASutilization of the City of Glens Falls facility will minimize and avoid , significant environmental impacts by mitigating the potential effects of sewage disposal from development of such parcels, and WHEREASintermunicipal cooperation among the various municipalities and municipal , agencies will allow the serious problem of the failure of the District's WWTP to be remedied in a cost-efficient and effective manner to facilitate full development of the Industrial Park as originally envisioned and will provide additional benefits to other properties in the vicinity, including the Airport and several privately owned parcels, and WHEREAS, sources of payment of the cost of the Project will include a combination of a United States Department of Commerce Economic Development Administration ("EDA") Grant, a New York State Department of Environmental Conservation ("NYSDEC") Environmental Bond Act Grant and apportionment of remaining costs among the municipalities, municipal 2 agencies and individual properties which will be benefited by it, with the expectation that the Town of Queensbury will issue its general obligation bonds or bond anticipation notes to finance a portion of the Project, and WHEREAS, the Project will be generally beneficial to the residents of Warren County, the Town of Queensbury, the Town of Kingsbury and the District, and the municipalities and municipal agencies involved wish to demonstrate their full support for the Project, NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury (the "Town") hereby endorses and expresses its support for the Project; and BE IT FURTHER, RESOLVED, that the Town intends to agree to contribute Seventy-five Thousand Dollars ($75,000) in the form of a lump sum amount in payment of its fair share of a portion of the capital costs of the Project, including the purchase of excess capacity for future use by other properties in Deleted: , based on current cost the Town, and estimates BE IT FURTHER, RESOLVED, that the Town intends to agree to pay its fair share of the capital costs of the Project which are expected to be financed by the municipal bonds and/or notes to be issued by the Town, which share is estimated to be Three-Hundred Sixty-Nine Thousand Dollars ($369,000) plus a pro rata portion of the total One-Hundred Thirty Thousand Dollars ($130,000) in costs to be allocated to the Airron Industries properties based on those Airron properties which will be located in the Town's new sewer district, by contractually agreeing to make at least annual payments over twenty (20) years to pay its share of such financed capital costs, and 3 BE IT FURTHER, RESOLVED, that the Town intends to agree to pay its fair share of the costs of operation and maintenance of the Project based on actual use as determined from time to time by the Queensbury Wastewater Department and the City, and BE IT FURTHER, RESOLVED, that the Town expects to enter into an Intermunicipal Agreement with the Town of Kingsbury, Warren County, the Queensbury Economic Development Corporation, the District and the WWCIDA which will implement the Map, Plan and Report for the Project currently being finalized by Jarrett-Martin, LLP and specify the details of the financing, construction and operation of the Project. th Duly adopted this 7 day of August, 2000, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES : None ABSENT: None 4