336.94
RESOLUTION MAKING DETERMINATION RELATING TO PROPOSED INCREASE IN
IMPROVEMENT OF QUEENSBURY CONSOLIDATED WATER DISTRICT FACILITIES
RESOLUTION NO.: 336.94
INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, there exists in the Town of Queensbury Consolidated
Water District, a Water Treatment Plant, water storage facilities,
and certain water transmission mains and related real property
holdings servicing the Queensbury Consolidated Water District,
Sherman Avenue Extension Water District, Peggy Ann Road Water
District, Easy Street Water Extension, and Hiland Park Water
District, hereinafter referred to as the "Effected Districts and
Extensions," and to some extent, certain adjacent communities
pursuant to Water Supply agreements, and
WHEREAS, after considering the capacity, age, efficiency, and
effectiveness of existing Water Treatment Plant and distribution
facilities, the future water needs of the areas serviced by the
said Plant and distribution facilities and those areas expected to
be served in the future, the Town Board of the Town of Queensbury,
hereinafter referred to as the "Town Board" previously determined
it appropriate to consider the expansion of the aforesaid Water
Treatment Plant, purchase of certain additional lands, construction
of various improvements to the Water Distribution System, and
assessment of the cost of construction of the improvements and
subsequent operation and maintenance to all the aforedescribed
Effected Districts and Extensions, and
WHEREAS, the Town Board caused to be prepared a map, plan and
report, as amended June 17, 1994, of the proposed improvements and
land acquisition, together with an estimate of the costs thereof,
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and Part I of an Environmental Assessment Form, a copy of the same
being presented at this meeting and being kept on file in the
office of Town Clerk of the Town of Queensbury, and
WHEREAS, the Town Board of the Town of Queensbury duly adopted
a resolution on the 20th day of June, 1994, calling for a public
hearing to consider the aforesaid expansion of the aforesaid Water
Treatment Plant, acquisition of additional lands, construction of
various improvements in the Water Distribution System, and
assessment of costs to the aforedescribed, affected districts and
extensions, as well as the maximum amount to be expended for the
improvements, and
WHEREAS, the aforesaid resolution adopted on June 20, 1994,
provided that the public hearing would be held at the Queensbury
Activities Center, 531 Bay Road, Queensbury, New York, on the 11th
day of July, 1994, at 7:00 p.m., and
WHEREAS, Notice of said Public Hearing was duly published and
posted in the manner provided by law, and proof thereof has been
submitted to the Town Board, and
WHEREAS, said public hearing has been duly held at the time
and place aforesaid, at which time all persons interested were duly
heard, and
WHEREAS, the Town Board has considered the map, plan, and
report, and all evidence and information presented at the said
public hearing, and
WHEREAS, the said Town Board has reviewed the proposed action
of the State Environmental Quality Review Act, and has found that
the proposed expansion of the Water Plant, appropriation of lands,
construction of improvements to the distribution system, and
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assessment of costs of construction to the various affected
districts and extensions, will not have a significant environmental
impact,
NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Queensbury, Warren
County, New York, based upon the map, plan, and report and the
evidence and information received at the aforesaid public hearing,
the Town Board of the Town of Queensbury hereby determines:
1) that it agrees with the following assessment provided by
O'Brien & Gere Engineers, Inc., as set forth in its map, plan, and
report:
The existing water treatment plant does not have
sufficient production capacity for meeting the
District's current water demands. With this shortfall,
the reliability of the system is compromised. Also, the
transmission and storage system needs to be improved to
take advantage of the increased plant capacity by
improving hydraulics and increasing reserve storage
capacity.
The Town Board of the Town of Queensbury also agrees with O'Brien &
Gere Engineers Inc.'s opinion that the Town should make
improvements to the Water Treatment Plant to provide a capacity of
15 mgd, construct a 1 million storage tank, construct a 16"
transmission main, and incorporate other miscellaneous improvements
as outlined in the map, plan, and report, such as the installation
of variable frequency drives, and all raw, unfinished water pumps,
and the construction of a new, high lift pumping station within the
proposed filter building. The Town Board of the Town of Queensbury
also determines that it would be appropriate and in the public
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interest to acquire additional lands as previously described in the
resolution calling for the public hearing and to incorporate, as
necessary, any design measures that may be advisable or needed to
address the potential PCB issues that have been previously raised
by reason of the contamination on the property owned by Niagara
Mohawk upstream from the Water Treatment Plant.
2) that the Village of Hudson Falls is interested in
participating in the Water Treatment Plant Expansion and that the
Town should pursue arranging for that participation, but in the
meantime, until that agreement can be reached, or, even if the
agreement cannot be reached and the Village does not join with the
Town on the Water Treatment Plant Expansion Project, it is
appropriate to continue to proceed with the plans for expansion of
the aforesaid Water Treatment Plant, acquire additional lands
therefore, construct additional water storage facilities, and
perform all such tasks more specifically described in the map,
plan, and report, as amended June 17, 1994;
and
BE IT FURTHER,
RESOLVED, based upon the map, plan, and report provided by
O'Brien & Gere Engineers, Inc., the evidence and information
received at the aforesaid public hearing, it is hereby found and
determined to be in the public interest:
1) to provide for the aforesaid increase and improvement of
the facilities of the Queensbury Consolidated Water District,
together with the acquisition of land as described in the preambles
hereof, at an estimated cost of $13,228,000, and the same is hereby
authorized.
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2) to apportion the capital construction costs associated
with the proposed improvements to the Water Treatment Plant, land
acquisition, and other improvements to facilities, as more
specifically set forth in the map, plan, and report, on an ad
valorem basis for all affected districts and/or extensions, such
that each district or extension contributes or is taxed for the
aforesaid costs according to the assessed value of property within
the same from time to time, and that the operation and maintenance
charges thereafter incurred annually, equally, and proportionately
shared among the affected districts and/or extensions in the manner
similar to the costs associated with the aforedescribed expansion
project, and the amount so proportioned, shall be levied and
collected in each district and/or extension, as provided in Town
Law §202 and §202-a, and that the Town Attorney shall draft written
agreements between the Queensbury Consolidated Water District and
all other districts and/or extensions, providing for apportionment
as set forth herein;
and
BE IT FURTHER,
RESOLVED,
1) that definite plans and specifications and a careful
estimate of the expense of the aforesaid improvement are hereby
directed to be prepared by O'Brien & Gere Engineers, Inc., working
with the Water Superintendent and the Town Attorney, and the same
shall be submitted to the Town Board for examination and approval.
The cost of said definite plans and specifications shall be paid
for from the Consolidated Water District Capital Projects Fund.
2) The Town Supervisor, working with the Town Attorney,
shall arrange for the acquisition of the real property previously
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described herein, and the Town Supervisor is hereby authorized,
directed, and ordered to execute any and all documents that may be
necessary to acquire the properties aforedescribed, and take such
other and further actions as may be necessary to acquire the same,
including the placement of the Town's seal on any documents as may
be required, and arrangement for payment of the same from the
account of the Consolidated Water District, which account shall be
appropriately reimbursed for the proportionate share of other water
districts and extensions and the Village of Hudson Falls, should a
final agreement for participation in the project, be approved;
and
BE IT FURTHER,
RESOLVED, that it is the intent of the Town Board to reimburse
monies expended from current funds pursunt to and by virtue of this
Resolution from the proceeds of the sale of Bonds and/or Bond
Anticipation Notes, and
BE IT FURTHER
RESOLVED, that this resolution shall take effect immediately.
Duly adopted this 11th day of July, 1994, by the following
vote:
AYES : Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr.
Champagne
NOES : None
ABSENT: None
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