153.99
RESOLUTION AND FINAL ORDER APPROVING ESTABLISHMENT OF
HILAND PARK SEWER DISTRICT EXTENSION NO. 1
RESOLUTION NO. 153. 99
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, the Town Board of the Town of Queensbury wishes to establish an extension to
the Hiland Park Sewer District to be known as the Hiland Park Sewer District Extension No. 1, and
WHEREAS, Adirondack Community College (the Developer) has agreed to make all
necessary improvements and pay all the costs of such extension, and
WHEREAS, a Map, Plan and Report has been prepared by William J. Levandowski, P.E., of
Rist-Frost Associates, P.C., an engineering firm licensed by the State of New York, 333 Glen Street,
P.O. Box 838, Glens Falls, New York 12801, regarding the proposed extension to the existing Hiland
Park Sewer District to serve Adirondack Community College at its 640 Bay Road location in the
Town of Queensbury such area consisting of the parcel or lot identified as Tax Map No.: 60-2-16.1 as
more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, in addition the extension will include a 30’ wide sewer easement over the adjacent
parcel owned by Family Golf Centers, Inc., such area consisting of the parcel or lot identified as Tax
Map No.: 60-2-1, as more specifically set forth and described in the Map, Plan and Report, and
WHEREAS, the Map, Plan and Report has been filed in the Town Clerk's Office in the Town
of Queensbury and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed sewer
district extension, a general plan of the proposed sewer system, a report of the proposed sewer system
and method of operation, and
WHEREAS, the Town Board of the Town of Queensbury wishes to establish the proposed
sewer extension in accordance with Town Law Article 12A and consolidate the same with the Hiland
Park Sewer District in accordance with Town Law, §206-a, and
WHEREAS, the Town Board considered the establishment of the extension in accordance
with the provisions of the State Environmental Quality Review Act and adopted a negative declaration
concerning environmental impacts, and
WHEREAS, the Town Board also adopted a Resolution approving the extension of the
District subject to a permissive referendum, and
WHEREAS, the Certificate of the Town Clerk required to be filed in accordance with
Subdivision 4, Town §209-e establishes that no petition was filed requesting a referendum, and
WHEREAS, State Comptroller approval is not necessary, and
WHEREAS, the Town wishes to adopt a Final Order extending the Hiland Park Sewer
District,
NOW, THEREFORE, IT IS
ORDERED, that it is the determination of the Town Board of the Town of Queensbury, that:
1.The Notice of Public Hearing was published and posted as required by law and is otherwise
sufficient.
2.An Agreement between the parties has been executed and filed in the Queensbury Town Clerk’s
Office;
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3.It is in the public interest to establish, authorize, and approve the Hiland Park Sewer District
Extension No. 1 to the Hiland Park Sewer District as it has been described in the Map, Plan and
Report on file with the Town Clerk of the Town of Queensbury and as more specifically described
herein;
4.All property and property owners within said extension are benefited thereby;
5.All property and property owners benefited are included within the limits of the extension;
6.In accordance with §206-a of the Town Law of the State of New York, it is in the public interest
to assess all expenses of the district, including all extensions heretofore or hereafter established as a
charge against the entire area of the district as extended and it is in the public interest to extend the
district only if all expenses of the district shall be assessed against the entire district as extended,
and
IT IS FURTHER,
ORDERED, that:
1.The Hiland Park Sewer District Extension No. 1 to the Hiland Park 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;
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2. The boundaries of the Hiland Park Sewer District Extension No. 1 to the Hiland Park Sewer
District are as follows:
Beginning at a point at the intersection of the easterly boundary of Bay Road with the
northerly boundary of lands now or formerly of John M. and Wilma P. Hughes, said
boundary also being the northerly boundary of Brookview Acres Subdivision, and running
thence from said point of beginning northerly along the said easterly boundary of Bay Road
2,786 +/- feet to a point in the southerly boundary of lands now or formerly of Harry M.
and Mildred W. Covell; thence along the boundary of said lands now or formerly of Harry
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M. and Mildred W. Covell the following three (3) courses and distances: 1) South 83 52’
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East 33.5 +/- feet to a point; 2) North 6 08’ East 99.0 feet to a point; and 3) North 83
52’ West 35.5 +/- feet to a point in the aforementioned easterly boundary of Bay Road;
thence northerly along the said easterly boundary of Bay Road 901 +/- feet to a point in the
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southerly boundary of lands now or formerly of Marilyn L. Mathias; thence South 83 49’
East 201.37 feet to a point in the westerly boundary of lands now or formerly of David G.
and Delores K. Stanton; thence along the boundary of said lands now or formerly of David
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G. and Delores K. Stanton the following three (3) courses and distances: 1) South 6 08’
??
West 80.65 feet to a point; 2) South 61 25’ East 100.0 feet to a point; and 3) North 6 08’
East 222.18 feet to a point in the southerly boundary of Haviland Road; thence
southeasterly along the said southerly boundary of Haviland Road 1,500 +/- feet to a point
in the westerly boundary of lands now or formerly of Family Golf Centers, Inc.; thence
southerly along the said westerly boundary of lands now or formerly of Family Golf
?
Centers, Inc. the following three (3) courses and distances: 1) South 6 24’ West 2,400 +/-
??
feet to point; 2) North 81 14’ West 64.7 feet to a point; and 3) South 5 36’; West 820.9
feet to a point in the aforementioned northerly boundary of Brookview Acres Subdivision;
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thence North 81 40’ West along the said northerly boundary of Brookview Acres
Subdivision 1,535 +/- feet to the point of beginning.
3. The improvements to be included and made a part of the extension shall be as more specifically set
forth in the Map, Plan and Report prepared by William J. Levandowski, P.E., of Rist-Frost
Associates, P.C., and the cost shall also include a payment of the appropriate charge due the City
of Glens Falls at the time of the initial hook-up;
4. All proposed construction shall be installed and paid for by the Developer (including the cost
payable to the City at the time of initial hook-up) and shall be constructed and installed in full
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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 estimated maximum amount proposed to be expended for said improvement will not be
greater than $301,500, plus a one time buy-in fee of $1.612 per gallon of average daily flow, which
in this case would be $40,300, or a total of $341,800, said amount includes all costs to be paid for
the City of Glens Falls Capital Charges and the Municipality’s one-time capital connection fee.
Such improvement costs shall be paid by the Developer and there shall be no cost to the Town of
Queensbury or the Hiland Park Sewer District, for the proposed extension. The areas or properties
that comprise the extension however, will be subject to the same cost for operation, maintenance
and capital improvements as in the Hiland Park Sewer District.
6. The method of apportioning costs is such that the Developer and/or Owner of the property which
the extension will service, will pay the cost for engineering, installation of the sewer pipe, and
necessary appurtenances and the initial capital charge payable to the City of Glens Falls for use of
its sewage treatment plant. The extension will thereafter be consolidated with the Hiland Park
Sewer District and properties therein will be assessed taxes and/or pay user fees in the same
manner and in the same amounts as similar properties are assessed or billed in the Hiland Park
Sewer District;
7. There will be no financing of the construction or installation cost for the proposed sewer extension
and no amount shall be paid therefor by the extension, the Town of Queensbury or the Hiland Park
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Sewer District, the Developer being completely responsible for the same, as well as the charge
payable to the City at the time of the initial connection of the extension;
§
8. In accordance with Town Law 206-a, all expenses of the Hiland Park Sewer District, including all
extensions included heretofore or hereafter established, shall be a charge against the entire area of
the district as extended;
9. Expenses occasioned 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 Hiland Park 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 cause a certified copy of this Resolution and Order
extending the Hiland Park Sewer District and consolidating the extension with the district, to be duly
recorded in the Office of the Clerk of the County of Warren, and cause a certified copy of this
Resolution to be sent to the State Department of Audit & Control at Albany, New York, the Town of
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Queensbury Assessor's Office, Community Development Department and Wastewater Department,
within 10 days of the date of adoption of this Order.
rd
Duly adopted this 3 day of May, 1999, by the following vote:
AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne
NOES: None
ABSENT:None
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