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522.2008 RESOLUTION AUTHORIZING WATER DISTRICT IMPROVEMENTS ALONG MAIN STREET IN THE QUEENSBURY CONSOLIDATED WATER DISTRICT RESOLUTION NO. 522, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, by Resolution No.: 120,2003, the Queensbury Town Board authorized and approved improvements to the Queensbury Consolidated Water District, such improvements being the replacement of a water main along Main Street in the Town of Queensbury as described in a Map and Plan (Map, Plan and Report) prepared by Barton & Loguidice, P.C., professional engineers (Barton) dated November, 2002, and WHEREAS, the Town Water Superintendent previously advised the Town Board that it was necessary that Barton update the Map, Plan and Report for the proposed Water District improvements to (a) reflect increased estimated project costs for the projected construction schedule, (b) meet procedural requirements for special districts and (c) add an additional water main to the design drawings along the approximately 1,000 feet of Big Boom Road to be realigned and the connection to the Main Street water main; the Town Board authorized Barton to update such Map, Plan and Report and Barton provided a revised Map, Plan and Report dated August, 2006, and WHEREAS, the Town Water Superintendent again advised the Town Board that it would be necessary that Barton update the Map, Plan and Report for the proposed Water District improvements to reflect further increased estimated project costs for the projected 2009construction schedule, and the Town Board authorized Barton to update such Map, Plan and Report, and WHEREAS, the revised Map, Plan and Report dated August, 2008 has been prepared by Barton and filed in the Queensbury Town Clerk's Office and is available for public inspection, and WHEREAS, the Map, Plan and Report describes the proposed improvement, exactly what work is proposed to be done and an estimate of the cost, and WHEREAS, the Town Board accepts such revised Map, Plan and Report as the Map, Plan and Report for the Water District improvements, and WHEREAS, the Town Board wishes to authorize such improvements to the Queensbury Consolidated Water District and the replacement of the currently obsolete, inadequate or worn- out water main along Main Street, and WHEREAS, by Resolution No.: 119,2003, the Queensbury Town Board, as SEQRA Lead Agency, conducted a coordinated SEQRA review and, after considering the action, approved a SEQRA Negative Declaration for the Project, and rd WHEREAS, on November 3, 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 proposed improvements; (b) the maximum amount proposed to be expended for the improvements; (c) the fact that a Map, Plan and Report describing the improvements is on file in the Town Clerk’s Office; and (d) the time and place of a public hearing on the proposed Water District improvements, and WHEREAS, a public hearing on the proposed Water District improvements was duly held on th Monday, November 17, 2008 and the Town Board has considered the evidence given together with other information, and WHEREAS, the Town Board wishes to authorize the proposed Water District improvements in accordance with Town Law §202-b, NOW, THEREFORE, BE IT RESOLVED, that it is the determination of the Queensbury Town Board that: 2 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 authorize and approve the improvements to the Queensbury Consolidated Water District, such improvements being the replacement of a water main along Main Street in the Town of Queensbury as described in the Map, Plan and Report on file with the Queensbury Town Clerk; and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and approves the improvements to the Queensbury Consolidated Water District as set forth above 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; and 2. the obtaining of any necessary permits or approvals from the New York State Department of Environmental Conservation. th Duly adopted this 17 day of November, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None 3