049.2005
RESOLUTION AUTHORIZING WATER TRANSMISSION SYSTEM
IMPROVEMENTS IN VICINITY OF BAY AND COUNTRY CLUB ROADS
AND WINCREST DRIVE WITHIN THE
QUEENSBURY CONSOLIDATED WATER DISTRICT
RESOLUTION NO. 49, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Queensbury Town Board duly established the Town of Queensbury
Consolidated Water District (District) in accordance with New York Town Law, and
WHEREAS, the Town Board wishes to improve the District’s water transmission facilities
by replacing a water main on Bay Road and installing a water main connector at Country Club
Road and Wincrest Drive in accordance with Town Law §202-b, and
WHEREAS, C. T. Male Associates, P.C., professional engineers, have prepared a Map and
Plan concerning the proposed water transmission system improvements together with an estimate of
the cost of such improvements, and the Map, Plan and Report describes exactly what work is proposed
to be done, and
WHEREAS, the Map and Plan was duly filed in the Queensbury Town Clerk's Office and
made available for public inspection, and
WHEREAS, although the Town of Queensbury is a town partially within the Adirondack Park
the District does not contain State lands assessed at more than thirty percent (30%) of the total taxable
assessed valuation of the District, so permission of the State Comptroller to the proposed expenditure
is not required under Town Law §202-b(5), and
th
WHEREAS, on January 10, 2005, 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
January 24, 2005 and the Town Board has considered the evidence given together with other
information, and
WHEREAS, the “Whereas” clause in the Public Hearing Order was inaccurate and instead, the
actions described in the Map, Plan and Report are State Environmental Quality Review Act (SEQRA)
Type II actions listed under 617.5(c)(1), (2), (5) and (11), and
WHEREAS, as Type II actions, no SEQRA review is required, and
WHEREAS, the Town Board wishes to authorize the proposed Water District improvements
in accordance with Town Law §202-b, and
WHEREAS, the Town has the funds to pay for the proposed Water District improvements in a
Capital Reserve Fund previously established, and
WHEREAS, any expenditure from such capital reserve fund is subject to permissive
referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that these actions are Type
II actions and therefore, no State Environmental Quality Review Act (SEQRA) review is required,
and
2
BE IT FURTHER,
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 authorize and approve the improvements to the
Queensbury Consolidated Water District, such improvements being:
A.replacement of existing water main with approximately 4,190 LF of 12-inch
pipe along the east side of Bay Road from just north of Cronin Road to the
Adirondack Community College property; and
B.installation of approximately 210 LF of 8-inch pipe to connect the 8-inch
water main on Country Club Road with the 6-inch main on Wincrest Drive;
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
3
2. the obtaining of any necessary permits or approvals from the New York State
Department of Environmental Conservation.
3. a permissive referendum in the manner provided in New York State Town Law Article
7; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the expenditure for the improvements as
set forth above and in the Map, Plan and Report from the Water District’s Capital Reserve Fund
subject to a permissive referendum in the manner provide din New York State Town Law Article 7,
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish
and post such notices and take such other actions as may be required by law.
th
Duly adopted this 24 day of January, 2005, by the following vote:
AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES: None
ABSENT:None
4