380.2008 NOA
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on August 19, 2008 at
the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the
following was adopted and is subject to permissive referendum:
RESOLUTION AUTHORIZING ESTABLISHMENT OF EXTENSION TO
QUEENSBURY CONSOLIDATED WATER DISTRICT TO SERVE
PROPERTIES IN TOWN OF QUEENSBURY WHERE TOWN WATER
SERVICE CURRENTLY EXISTS BY CONTRACT OR SERVICE
RESOLUTION NO. 380, 2008
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury wishes to extend the Queensbury Consolidated
Water District to serve 33 separate, non-adjacent properties currently outside of the Water
District, but where Town water service currently exists to such property owners by contract or by
service in accordance with New York Town Law Article 12-A, and
WHEREAS, a Map, Plan and Report (Map, Plan and Report) has been prepared by
Christopher Harrington, P.E., Civil Engineer in the Town of Queensbury’s Water Department,
concerning the proposed Water District Extension, and
WHEREAS, water mains and fire hydrants currently exist to serve the additional parcels
proposed for inclusion in the District and therefore, no new capital improvements are required to
serve any of the parcels proposed for inclusion in the District, 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 Queensbury Town Clerk's
Office and is available for public inspection, and
WHEREAS, the Map, Plan and Report delineates the boundaries of the proposed Water
District Extension, a general plan of the proposed system, a report of the proposed method of
operation, the source of water supply and distribution system capacity, and
WHEREAS, an Environmental Assessment Form (EAF) was submitted with the Map,
Plan and Report and Part I of the EAF was completed by the Town’s Water Department Civil
Engineer, and
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WHEREAS, on July 21, 2008, 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 Water District Extension; (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 Water 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 improvement is on file in the Town Clerk’s
Office; (g) that all expenses of the District, including all extensions, shall be a charge against the
entire District; and (h) the time and place of a public hearing on the proposed Water District
Extension, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were
filed with the New York State Comptroller’s Office, all as required by law, and
WHEREAS, the Town Board held a public hearing and heard all interested persons
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concerning the proposed Water District Extension on Monday, August 18, 2008 and the Town
Board has considered the evidence given together with other information, and
WHEREAS, the Town Board wishes to establish the proposed Water District Extension in
accordance with Town Law Article 12-A and consolidate the Extension with the Queensbury
Consolidated Water District in accordance with Town Law §206-a, and
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WHEREAS, the Town Board has considered the establishment of the proposed Water
District Extension in accordance with the provisions of the State Environmental Quality Review Act
and has adopted a Negative Declaration concerning environmental impacts,
NOW, THEREFORE, BE IT
RESOLVED, 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 the Water District
Extension to the existing Queensbury Consolidated Water District as described in the Map, Plan and
Report on file with the Queensbury Town Clerk;
3. All property and property owners within the Extension are benefited;
4. All benefited property and property owners are included within the limits of the
Extension;
5. In accordance with New York State Town Law §206-a, 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
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes, approves and establishes the Water
District Extension to serve 33 separate, non-adjacent properties currently outside of the Water
District, but where Town water service currently exists to such property owners by contract or by
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service, to the Queensbury Consolidated Water District and the Extension is in accordance with the
boundaries and descriptions set forth in the previously described Map, Plan and Report and
construction of the improvements may proceed and service provided, subject to the adoption of a
Final Order by the Queensbury Town Board, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to permissive referendum pursuant to Article 7
of Town Law and subdivision 3 of Section 209-3 of Town Law and shall not take effect until such
time as provided therein. The Town Clerk is hereby authorized and directed to post and publish the
notice required for Resolutions subject to permissive referendum, to make available proper forms
for a Petition for Referendum and distribute a supply to anyone who requests them and, if no such
Petition is filed with 30 days after the date of this Resolution, 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 18 day of August, 2008, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough
NOES : None
ABSENT: None
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury,
Warren County, New York, do hereby certify that I have compared
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the foregoing with the original resolution as listed above
adopted at a Regular Queensbury Town Board Meeting held on
August 18, 2008 at which a quorum was present and that the same
is a correct transcript therefrom and of the whole original
thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of
said Town of Queensbury this 19th day of August 2008.
SEAL _________________________________
Darleen M. Dougher
Town Clerk-Queensbury
Darleen M. Dougher
Town Clerk-Queensbury
Publish 08-22-2008
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